Howard R. Roitman, Esq. has been practicing law for 22 years. Howard Roitman is one of the first attorneys to be recognized by the State Bar of Nevada as a Certified Specialist in Estate Planning. He is a member of the Bar in Nevada, California, New York, and the District of Columbia. He is a graduate of Georgetown University Law Center (JD in 1984 and LL.M in taxation in 1985), and the Harvard University Mediation Program (2004). He is a Certified Financial Planner (CFP®), Charted Life Underwriter (CLU), and a Chartered Financial Consultant (ChFC).

People in car accidents are often told to get legal help to make sure their rights are enforced. A study confirms two other key reasons for getting legal help if you are in an auto accident — you will likely receive more money, and you have a better chance of recovering money.

The study was conducted by the respected Rand Institute. It found that auto accident victims who hire attorneys receive about 25% more money than auto accident victims who do not hire attorneys — even after deducting all costs.

The study also found that using a lawyer increases an auto accident victim’s chances of recovering money to almost 95%.

Title	Publisher	Published
Car Property Damage in a Car Crash	AAVO
What you Need to Know About Car Property Damage From a Car Crash. In Las Vegas Nevada & Elsewhere. 1 Auto policy usually covers liability for injuries and damages to others Some states require no-fault auto insurance. In those states, your insurance company may pay at least some claims regardless of your level of fault for the accident.An auto policy usually covers liability for injuries and damages to others if the policy holder is at fault. 2 If there are problems with the property damage settlment If there are problems with the property damage, you are not alone. Insurance co's try to pay the least they can and often there is less coverage then the value of the damaged vehicle . The law NRS 690B.012 Claims: Approval or denial; request for additional information; payment; interest on unpaid claim. Is not very favorable too consumers. 3 An insurer shall approve or deny a claim (in Nevada) An insurer shall approve or deny a claim of its insured relating to a contract of casualty insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the insurer shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid
minimizing the sum costs of accidents and the costs of prevention	AVVO
Jurisdiction: Las Vegas, NV The aim of tort law is to minimize the sum of the costs of accidents and the costs of avoiding them. This is to be accomplished in part by creating a system of incentives adequate to induce individuals to invest appropriately in determining what the optimal precautions are and to take them.
What to Do if Involved in an Automobile Accident	AVVO
Jurisdiction: Las Vegas, NV If you are involved in a crash due to the negligence of others, you need to be compensated for the pain of the accident. Proving the bad acts of others who hurt you in a car accident can be hard. Almost invariably the other driver tries to point the finger at you. 1 The sound of cars crashing is the background noise of daily life Bad acts include things like speeding, blowing through stop signs, not driving responsibly given road conditions, drinking, racing and other illegal behavior. There’s no such thing as a simple car accident. Almost invariably what’s simple is made complex by people trying to cover up their bad acts.
Appearing in Nevada Courts by Special Procedure to Practice in Nevada	AVVO
Jurisdiction: Las Vegas, NV Application to the Nevada Bar for PRO HAC VICE, SCR 42 The motion to associate shall be filed with the court where the cause is pending by the Nevada counsel. Nevada counsel must move the court for an order granting the applicant’s admission. 1 PROCEDURE FOR ASSOCIATION OF COUNSEL PURSUANT TO SCR 42 The motion to associate shall be filed with the court where the cause is pending by the Nevada counsel associated with the applicant, together with proof of service by mail of a copy of the motion on all parties in accordance with Nevada Rules of Civil Procedure. Nevada counsel must move the court for an order granting the applicant’s admission. The motion must include the following exhibits: • Original Application • Original Certificate(s) of Good Standing • Original State Bar Statement
Causes for appointment of Special Administrator in Nevada or, read this to keep you lawsuit alive	AVVO
Jurisdiction: Las Vegas, NV Survivors and heirs can face lots of troubles whena deceased family member fails to organize her affairs and leave estate planning documents like a will or trust. In Nevada, an independent attorney,a professional fiduciary, will often wind up taking care of things as a Special Administrator. 1 Causes for appointment of Special Administrator or, read this to keep you lawsuit alive Good cause exists, for a Nevada Special Administration when the dead person was involved in a law suit at the time of death. This is a serious consideration because a personal injury or other law suit may be dismissed after the victims death if no personal Representative is appointed timely. Other reasons for a Special Administration include: If there is a delay in opening a probate If there is a problem opening a probate if there are no assets subject to administration but good cause exists for the appointment of a personal representative.
Dog Bite Victim Rights	AVVO
Dog bites are a serious public health problem that can cause both physical and emotional damage to victims and considerable cost to communities. A dog’s tendency to bite depends on such factors as heredity, obedience training, socialization, health, and the victim’s behavior 1 Dog Bites Are Bad According to the Centers for Disease Control and Prevention, every 40 seconds someone in the United States seeks medical attention for a dog bite-related injury. In 1994, some 4.7 million incidents were reported in the United States with nearly 800,000 people requiring medical treatment for dog bite-related injuries. Most of the victims are children under 13 years old with children five to nine years the most vulnerable.
Give Me Shelter: Using Nevada Spendthrift Trusts To Protect Assets in a Litigious World	Clark County Medical Society
Give Me Shelter: Using Nevada Spendthrift Trusts To Protect Assets in a Litigious World Howard Roitman, Esq. Do you want a trust that protects your assets from them creditors? What if this trust also specifically protected your assets from court orders, attachments and garnishments? This may sound like the holy grail of asset protection planning, but it is here now and can be done “onshore” - legitimately! For a long time Americans have been going offshore to create such structures for the benefit of their families, and to protect themselves from creditors. However, these arrangements are expensive, involve small countries with uncertain laws in far away places, and create tax hassles and liabilities as well. The protection once available only offshore is now available onshore courtesy of the state of Nevada. The Nevada spendthrift trust law provides this protection. Nevada spendthrift trusts can protect your assets from creditors, while keeping these assets available for use by you, your families and loved ones. The U.S. Constitution requires the courts in all 50 states to respect Nevada’s spendthrift trust law. Better yet, no lawsuit against the trust can be maintained outside Nevada if the trust does all of its “business” within Nevada, which is generally tax advantageous, as Nevada has no income or franchise taxes. With this protection, even if you are subject to a judgment rendered in a malicious lawsuit, you can protect your assets!
HIPPA Protects your privacy	AVVO
Jurisdiction: Federal HIPAA protects health insurance coverage for workers and their families when they change or lose their Title II of HIPAA, known as the Administrative Simplification (AS) provisions, requires the establishment of national standards for electronic health care transactions and med providers.
How Can You Tell If Your Lawyer is Doing a Good Job	Martindale
How to Avoid a Traffic Ticket Conviction	AVVO
When a policeman nabbed him for driving 55 miles an hour in a 30 mph zone, the driver was guilty. But the 32-year-old worried that paying his ticket might raise his insurance rates. So he turned to a law firm that specializes in fighting traffic tickets, and for $45, the $240 ticket went away. 1 There are several procedures available to avoid traffic-ticket convictions, even if you are truly guilty of the offense "Fair? You want fair? Fair is a place where you go to ride on rides, eat cotton candy”- state trooper. Most drivers plead guilty and pay, or ignore their ticket and get arrested later, you can have a lawyer resolve your case, usually for under a $100. Traffic cops are implacable today and need to be profitable. Speeding, running a light, making an improper turn, can cost big, maybe more than $4,000.00,. A delivery driver who got a speeding ticket didn’t take care of it. He wound up in jail, lost: his job, his driver’s license, and his house. A judge who heard the story said: I get that every day, he broke the law.. If you are on your own get, do it right call a lawyer. A ticket can send you to jail. Fighting it takes two trips traffic court. Some judges look to make examples. All trials are gambles. Get to court early and watch your judge. Conviction means big fines and insurance increases. DMV keeps convictions on file five years and may revoke your license.
Some Information on negligence, or why victims get paid for car crash injury's	AAVO
Jurisdiction: Las Vegas, NV To recover under a negligence theory, you must prove four elements: (1) that defendant owed him a duty of care; (2) that defendant breached this duty of care; (3) that the breach was the legal cause of plaintiff's injury; and (4) that the complainant suffered damage
Suing Your Investment Advisor For Losses	AAVO
Make sure the investment professional and her firm are registered with the SEC and licensed to do business in your state. And find out from your state’s securities regulator whether the investment professional or her firm have ever been disciplined, or whether they have any complaints against them. 1 Claims of quick profits &offers to share “inside information,” are Red Flags Some investments make money. Others lose money. That’s natural, and that’s why you need a diversified portfolio to minimize your risk. But if you lose money because you’ve been cheated, that’s not natural, that’s a problem. Sometimes all it takes is a simple phone call to your investment professional to resolve a problem. Maybe there was an honest mistake that can be corrected. If talking to the investment professional doesn’t resolve the problem, talk to the firm’s manager, and write a letter to confirm your conversation. If that doesn’t lead to a resolution, you may have to initiate private legal action. You may need to take action quickly because legal time limits for doing so vary. 2 How To Avoid Problems With Your Broker Choosing someone to help you with your investments is one of the most important investment decisions you will ever make. While most investment professionals are honest and hardworking, you must watch out for those few unscrupulous individuals. They can make your life’s savings disappear in an instant.
Traffic Violations that Must Be Reported if You're in the Military	AVVO
The military requires you to disclose all traffic prosecutions. 1 "Fair? You want fair? Fair is a place where you go to ride on rides, eat cotton candy”- state trooper Offenses considered to be Minor Traffic Violations are: * Blocking or retarding traffic. * Careless driving (when not treated as reckless driving). * Crossing yellow line; driving left of centerline. * Disobeying traffic lights, signs, or signals. * Driving on shoulder. * Driving uninsured vehicle. * Driving with blocked vision. * Driving with expired plates or without plates. * Driving without license in possession. * Driving without registration or with improper registration. * Driving wrong way on one-way street. * Failure to comply with officer’s directives. * Failure to have vehicle under control. * Failure to keep to right or in line. * Failure to signal. * Failure to submit report following accident. * Failure to yield right-of-way. * Faulty equipment (such as, defective exhaust, horn, lights, mirror, muffler, signal device, steering device, tailpipe, or windshield wipers).
Understanding Trusts and Wealth Transfers	Lorman
This reference material will be useful for anyone who deals with trusts, including attorneys, accountants, trust officers and financial advisors. The role of trust protector is relatively new as to U.S. domestic trusts and is evolving. This resource addresses the advantages using a trust protector can provide and also discusses potential areas of concern when drafting a trust or administering a trust that names a trust protector,
* HOME * LAW CENTERS * CONTRIBUTOR * BROWSE * POST DOCUMENTS * OUR SERVICES Bibliography, Auto Accident Library of Congress, finding Crash Information, Las Vegas Lawyer: a Nevada Prospective	Library of Congress	May, 2009
DOCUMENT INFO Doc Type: Legal Article/Newsletter Published: 9/8/2009 Legal Article/Newsletter Name: Bibliography, Auto Accident Library of Congress, finding Crash Information, Las Vegas Lawyer: a Nevada Prospective Subject Matter: Consumer Protection Insurance Administrative Law Civil Remedies Personal Injury
Collection Law A Guide for Consumers	AVVO	September, 2009
Jurisdiction: Las Vegas, NV Practices collectors need to follow. The Fair Debt Collection Practices Act requires debt collectors treat people fairly by prohibiting certain harassing techniques. Deceptive Statements or Threats are Common FDCPA Violations. The courts often protect people who are victims of violations. 1 The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you. The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you. Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Common Mistakes Accident Victims Make: How You Can Avoid Them	AVVO	September, 2009
Many accident victims don’t get all the compensation they are entitled to receive. This is often due to mistakes they make that hurt their case. Here are some common mistakes accident victims make, and how you can avoid them. 1 Handling a personal injury claim alone, without a lawyer’s help. After an accident, an insurance adjuster will likely try to persuade you not to use a lawyer, saying a lawyer won’t get you more money. But if you follow the adjuster's advice and handle your claim alone, you will be making a big mistake. An adjuster’s loyalty is to the insurance company, not you, and he or she is telling you this so the insurance company can pay you less money. Studies (even those done by insurance companies) show accident victims receive more money when they have a lawyer’s help. So don’t make the mistake of believing an adjuster who says a lawyer won’t increase the amount of compensation you will receive.
Intrest Rate for Nevada Judgments	AVVO	September, 2009
Jurisdiction: Las Vegas, NV PRIME INTEREST RATE NRS 99.040(1) requires: "When there is no express contract in writing fixing a different rate of interest, interest must be allowed at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions. 1 PRIME INTEREST RATE FOR JUDGMENTS FROM LITIGATION PRIME INTEREST RATE NRS 99.040(1) requires: "When there is no express contract in writing fixing a different rate of interest, interest must be allowed at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1, or July 1, as the case may be, immediately preceding the date of the transaction, plus 2 percent, upon all money from the time it becomes due, . . . "*
Law & Brain Injuries	AVVO	March, 2009
Head injury generally occur after a traumatic event, like a bad car wreck. Other major causes of head injuries include bicycle or motorcycle wrecks, falls from windows (especially among children who live in the city) and falls around the house (especially among toddlers and the elderly). 1 If You Are A Loved One Have Become Brain Injured, Get A Lawyer Get a lawyer who knows what he/she is doing. There are lots of things you may need legal help with. For instance, Personal injury cases, guardianship, state entitlement programs, estate planning, powers of attorney. Brain injury victims, injured in pedestrian hit by cars, falls, defective products, negligence and other causes often need a lawyer. Personal injury cases, are to win and brain injury victims need all any and all possible financial resources.
Nevada Libility Law on intoxicated persons & the people who got them that way, Car Crash Law in Las Vegas	AVVo	September, 2009
Jurisdiction: Nevada Dram shop laws make enablers who serve boze libel for injures caused by the people they got drunk. Civilized places have a dram shop laws. Nevada has no Dram Shop Law. Casino's and bars can kick out a drunk and have no liability to the public or the person evicted for what the drunk does later 1 In Las Vegas The House has not duty to prevent injury to you, even if the house got you drunk As a matter of law, have an affirmative duty to prevent injury to an intoxicated patron subsequent to an eviction from a drinking establishment. On March 6, 2005, Marlene Garibay, her 17-year-old son, Fabian Santiago, and Fabian’s adult step-uncles, Manuel and Daniel Garibay, checked into respondent/cross-appellant Primadonna Company, LLC’s, hotel in Primm, Nevada. Fabian, Manuel, and Daniel spent the evening gambling and drinking alcoholic beverages on the Primadonna’s premises. Daniel, who purchased the alcohol from the hotel’s liquor store, shared it with Manuel and Fabian, who became intoxicated. 2 Manuel rolled the vehicle while driving at approximately 80 miles per hour. Consequently, Manuel drove the vehicle out of the Primadonna’s parking lot. Mistaking a frontage road for the freeway entrance, Manuel rolled the vehicle while driving at approximately 80 miles per hour. Fabian was seriously injured in the accident, suffering extreme spinal injuries, leaving him a quadriplegic. Fabian, Manuel, and Daniel admit engaging in disruptive behavior on Primadonna’s premises. In particular, Fabian, Manuel, and Daniel were involved in at least two altercations with other hotel guests, and otherwise disturbed guests by kicking and knocking on hotel room doors. During one of the altercations, Manuel punched another hotel guest in the face. Primadonna’s security personnel intervened and, at the security officers’ request, Fabian, Manuel, and Daniel "agreed" to leave the hotel property.
Questions and Answers About Slip and Fall Accidents	AAVO	August, 2009
Jurisdiction: Las Vegas, NV Next to car accidents, the most common type of injury mishap is a slip and fall. Many people who are in a slip and fall accident have questions about when property owners are liable, damages they may receive and other issues. Here are answers to some often-asked questions about slip and falls. 1 I was hurt when I slipped and fell on a wet floor in a market. Is the owner of the store liable for my injuries? A. The answer depends on the specific facts of your case. In the case of businesses like stores, restaurants, theaters and malls, to be liable, a property owner must have known (or should have known) about the dangerous condition and failed to take steps to prevent injuries. As a result, whether you can recover damages will likely depend on how long the floor was wet and what employees knew and did. If the floor was wet for a while and employees knew or should have known about it but did nothing, you’ll likely recover damages. But if the floor became wet just before you slipped and employees didn't have a chance to dry it or post warning signs, recovering damages may be harder.
Beware of Foreclosure Rescue and Loan Modification Scams	AVVO	September, 2009
If It's Too Good to be True, It Probably Is. To protect yourself from opportunity hunters and frauds: * Contact your lender or mortgage loan servicer and try to negotiate a payment plan. * Work with reputable Lawyers & non-profit housing or financial counselors. 1 Tips for Avoiding Mortgage Foreclosure Rescue and Loan Modification Scams A fairly new and dangerous threat has arisen for homeowners who have fallen behind on their mortgage payments and may be at risk of foreclosure – opportunistic companies. They often refer to themselves as a “foreclosure consultant” or “mortgage consultant,” and market themselves as a "foreclosure service", "foreclosure rescue agency" or "loan modification company." They count on homeowners being vulnerable and desperate. 2 Beware of Unethical Mortgage Foreclosure Rescue and Loan Modification Operators These companies claim they can assist homeowners facing foreclosure with options that allow them to keep their property, refinance or modify an existing mortgage, repair credit or help “buy more time.” In reality, these “options” are intended to convince you to take the wrong steps so they can take your money and possibly your home.
Car Crash Lien Recovory by Medicare	AVVO	October, 2009
Car Crash Lien Recovory Medicare pays insureds bills for accidents in most cases and requires reimbursement. ".Federal law generally prohibits Medicare from paying for any item or service where payment can reasonably be expected from another source. If they pay they want there money back. 1 What Medicare Will Look for from Your Accident Settlement Federal law generally prohibits Medicare from paying for any item or service where payment can reasonably be expected from another "primary" source within 120 days. Primary sources include the following: • Automobile insurance • Liability insurance (including self-insurance) • No fault insurance 2 Alternative sources of payment When payment from another source is probable, yet not likely to occur within 120 days, the law allows "Conditional Medicare Payment" for medical costs. Although Medicare providers are often required to question patients regarding possible alternative sources of payment, as a practical matter, the agencies that run Medicare have little way of knowing about such alternatives. As a result, "conditional payment" is often made.
Estate Planning Questions and Answers	AVVO	August, 2009
Estate planning is something everyone should think about some time. Your estate plan is the steps you take to direct who will get your property when you die. Here are answers to some of the most often-asked estate planning questions. 1 Q. Who needs an estate plan? A. Eventually, we all do. Hard as it is to accept, everyone dies sometime. Estate planning is for anyone who wants to direct who will get your property when this happens, what they will receive, and who will be in charge of distributing the property according to your wishes. Estate planning is also for people who want to try to reduce the tax bite of passing your property to heirs.
FAQ's About the Nevada Foreclosure Mediation Program	AVVO	September, 2009
Jurisdiction: Las Vegas, NV You can play a major role, with the help of a trained mediator, in deciding the outcome of your individual dilemma. Mediation is a give- and-take process in which the parties work to reach a mutually acceptable resolution. 1 What Does Mediation Cost Other than the filing fee paid by the lender, the cost of mediation is $400, shared equally by the homeowner and the lender. Parties must pay their $200 portions prior to the mediation. A lawyer is not required to be present with you in the mediation process, but each side is welcome to have an attorney represent them.
How do you determine if a lawyer has successfully completed a task you have assigned to the lawyer?	Martindale	September, 2009
How do you determine if a lawyer has successfully completed a task you have assigned to the lawyer? I ask because I am putting together a book. Please tell me if you do not want your name used it is my plan to identify the author of any answers I use. I may also post answers on a website. I work very closely with counsel. Legal fees on my business projects approached $500,000 last year. As part of a turnaround project, I helped a company get out from under a securities investigation in the US and Korea. I speak with counsel on a regular and ongoing basis throughout projects with regularly scheduled weekly calls and additional ad hoc calls on specific issues. I review documents personally and retain final decision authority on all important matters although I have established relationships with counsel whom I trust deeply. Accordingly, I always know the status of completion. The key word in your question for me is "successfully." My sense is that the measure of success is outcome driven. Sometimes, unfortunately, even for experienced specialty counsel, a case can prove a learning experience. I find that my relationship management style is beneficial to the relationship in that when we encounter a bump in the road or our caught by surprise, we are in a situation as a team and blame does not enter into it. It should be noted that part of the definition of successfully includes respect for a budget. I try, as much as possible, to make budgeting a project's legal costs a part of the early case planning. It is important to me to operate as closely to or under that "living" budget as is reasonable throughout our efforts. Budget is therefore a component of evaluating success. Lastly, an indicator of success is when counsel "enlarges the pie," by showing me the possibility of outcomes I did not initially envision. We, Family Wealthcare, ask the client and always get a copy of any documents to put into our Estate Planning file for our client as well. Usually we are at the meeting when the final documents are executed and explained as well. It is very rare but there have been a couple of times over the years when we have asked another lawyer to briefly review the documents provided to our clients in order to get their 2nd opinion that the work is complete and effective. The tasks assigned to lawyers vary from scenario to scenario and from fact pattern to fact pattern. So to answer how I would determine if a lawyer has successfully completed an assigned task would depend on similarly situated circumstances. It generally would come down to “do no harm” - Since you are located here in Las Vegas, you would probably know each individual attorney I might talk about so, with the greatest amount of diplomacy I will restrain myself from naming those who have caused harm. Bad lawyer 1 – did not have the competency to deal with the task at hand. Had great marketing and PR skills, but not competent – This was in a Common-Interest Community situation. Did not understand the hierarchy of governing documents, lost the plat maps, did not communicate with the client and expressed his interpretation opinion as law. Caused disharmony within the community, cost the association time and money. Told the association it would take a maximum of 18 months to deal with the issue, and drug it out for 5 years. When taken to the state bar – the state bar said this former officer of the state bar did not violate any ethics. Good lawyer: 1. The job of a good lawyer is to mediate the situation and keep the parties out of court. 2. The job of a good lawyer is to communicate with the client. 3. The job of a good lawyer is to advise the client that their interpretation of statutes is an opinion and is not law unless it is tested by the Supreme Court. 4. The job of a good lawyer is to know the law, and to know that some areas of the law are not within their realm of competency. Are patent lawyers good estate planners? Would you hire and estate attorney to defend you in a murder trial? 5. The job of a good lawyer is to listen and be a good debater capable of finding a solution that causes the least harm and selling that solution to both parties. 6. The job of a good lawyer is to educate, diplomatically, all parties. 7. The job of a good lawyer is to do no harm. I look at whether they have completed all of the necessary elements of the task and whether they have used the most up-to-date caselaw. The best way for me to tell if a lawyer has successfully completed a task that I have given to that lawyer is communication. I think that communication is the key to anyone who wants to do a good job and do it right. Whatever form of communication or follow-up was established between the client and lawyer, be it phone, text, email or formal letter, it should be done from the time the task started until it has completed. Continued communication throughout the process of the task, allows for all parties involved to know what is going on from start to finish. From the few times I have engaged an attorney I would say that the engagements tend to be very specific with tasks and milestones detailed explicitly. So from that perspective if the task or work product has been completed, it is fairly easy to determine completion. If lawyer's way brings me to a quite and peaceful solution that is partly satisfy me, then I consider his jib successful.
How do you pick an estate planning lawyer?	Linkedin	January, 2009
Reputation, Reputation, Reputation! (Based on (i) publications, (ii) whether the planer in question is a frequent speaker on 'seriou For me, I want an attorney that is going to service my client well. Someone who is pleasant. I had an attorney once, who knew his stuff really well, but irritated the folks I sent to him. Keeping me in the loop in important. Being a believer in the products that I sell. I network alot, so I would recommend any attorney to do the same. Insurance agents, financial advisors, CPA's, other attorneys that don't do estate planning would be some directions I'd go in. s' occasions, (iii) mouth-to-mouth, etc.)
How to Recover Damages After a Car Accident	AVVO	July, 2009
Many car accident victims don’t make a claim because they think the other driver has no insurance and can’t pay their damages. But after an auto accident there can be sources for paying damages in addition to the other driver. 1 The other car’s owner The other car’s owner. In many states, car owners are liable for the negligence of whoever they let drive their car. In all states, car owners are liable if they let someone drive their car who they know is a bad driver, unlicensed or drunk, and that person causes an accident.
Joel Hyatt the Founder of Hyatt Legal	AVVO	September, 2009
Hyatt Legal Plans is the nation’s largest provider of group legal plans. Hyatt Legal serves five million plan members through our nationwide network of 10,000 attorneys. More than 100 Fortune 500® companies offer a Hyatt legal plan. Hyatt Legal Plans is the market leader with 30 years 1 Haytt Legal The Hyatt organization was founded in 1977 as a way to make quality legal services affordable and accessible for all Americans. It quickly grew into one of the largest law firms in the U.S. In 1981, Hyatt Legal Services implemented its first group legal plan, utilizing its attorney offices throughout the country to provide legal assistance to plan members. Hyatt Legal Plans was spun off from Hyatt Legal Services in 1990 and was acquired by MetLife in 1997. 2 The Hyatt Legal Plan is Excellent Hyatt Legal is dedicated to providing superior customer service through our award-winning Client Service Center, which is staffed with professional, friendly Client Service Representatives who answer calls live within five seconds. Our promise to provide excellent customer service is backed with an unconditional, money-back guarantee.
Las Vegas Lawyer Personal Injury Lawyer Seeks to Protect Bicyclists From Harm	AVVO	March, 2009
Not surprisingly, the majority of accidents that occur between bicycles and motor vehicles are the fault of the motorist. A survey completed in 2005 cites poor driving, particularly driver inattention, as the major contributing factor to these crashes which often result in personal injury. 1 If You have been injured in an accident call a lawyer and find out what your rights are 698 cyclists killed nationwide in traffic crashes that year, according to the National Highway Traffic Safety Administration. Over 90 percent died in crashes with motor vehicles. Accidents were often the fault of the other motorist. The average age of those killed was 40. Fatal accidents occurred more frequently in urban areas, between the hours of 5 p.m. and 9 p.m., and in the months of June and September, the NHTSA reported. An additional 44,000 cyclists were injured in traffic crashes.
Nevada law on keeping a lawsuit alive after the death of a litigant	AVVO	June, 2009
Jurisdiction: Las Vegas, NV Nevada law on keeping a lawsuit alive after the death of a litigant: Special administration must be opened on behalf of the heirs of a dead person who had an ongoing lawsuit if there is no other probate proceeding. A motion for substitution may be made or the lawsuit will be dismissed.
Nevada Probate Law	AVVO	October, 2009
Jurisdiction: Las Vegas, NV SYNOPSIS OF NEVADA PROBATE STATUTES AFFIDAVIT OF ENTITLEMENT SET ASIDE ESTATE WITHOUT ADMINISTRATION PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE FOR ESTATES OVER $200,000 1 AFFIDAVIT OF ENTITLEMENT At least 40 days must have passed sincethe death of the decedent to use this affidavit. Only applicable to estates that do not exceed $20,000 and do not haveassets consisting of real property in Nevada. The decedent need not be a resident of Nevada at the time of death if the assetsare located in this state. If assets are located in a state that requires an Order to transfer, or consists of stockor bonds which must be transferred by a transfer agent outside this state need order.
Pedestrian and Bicycle Safety	AVVO	September, 2009
LAW ENFORCEMENT • Developing knowledge of pedestrian and bicyclist crash situations, investigating crashes, and maintaining a reporting system that documents crash activity and supports problem identification and evaluation activities; • Providing communication and education support; • Ensuring adequate training to law enforcement personnel on effective measures to reduce crashes among pedestrians and bicyclists; • Establishing agency policies to support pedestrian and bicycle safety; • Enforcing pedestrian and bicycle laws, and all laws that affect the safety of pedestrians and bicyclists, including those aimed at aggressive drivers; • Coordinating with and supporting education and engineering activities; and • Suggesting creative strategies to promote safe pedestrian, bicyclist, and motorist behaviors (e.g., citation diversion classes for violators).
The Common Law of England shall be the rule of decision in all the courts of Nevada.	AVVO	May, 2009
Jurisdiction: Nevada, 2009 The Common Law of England shall be the rule of decision in all the courts of this Nevada. N.R.S. 1.030. Believe it or not this is the law in Nevada, right now. No kidding. 1 The Common Law of England is the Law of Nevada unless altered or repealed by the Nevada Legislature Legislature The Nevada Cosntitution says: Sec: 2. Territorial laws to remain in force. All laws of the Territory of Nevada in force at the time of the admission of this State, not repugnant to this Constitution, shall remain in force until they expire by their own limitations or be altered or repealed by the Legislature. Legislative power of people of State of Nevada is vested in state legislature, and such power is unlimited except by Federal Constitution and such restrictions as are expressly placed on it by state constitution. Gibson v. Mason, 5 Nev. 283 (1869), cited, County of Pershing v. Sixth Judicial Dist. Court, 43 Nev. 78, at 93, 181 Pac. 960 (1919), Moore v. Humboldt County, 48 Nev. 397, at 405, 232 Pac. 1078 (1925), Matthews v. State ex rel. Nevada Tax Comm’n, 83 Nev. 266, at 268, 428 P.2d 371 (1967) 2 Common law is rule of decision in Nevada courts unless in conflict with Constitution or statutory commands Common law is rule of decision in Nevada courts unless in conflict with Constitution or statutory commands. N.R.S. 1.030. Hamm v. Carson City Nugget, Inc., 1969, 450 P.2d 358, 85 Nev. 99; Davenport v. State Farm Mut. Auto. Ins. Co., 1965, 404 P.2d 10, 81 Nev. 361.
The Nevada Foreclosure Mediation Program	AVVO	October, 2009
Jurisdiction: Las Vegas, NV The program allows homeowners and lenders to sit down with trained mediators to discuss alternatives to foreclosure. The mediations, which are confidential, are required to be conducted within 80 days of a Notice of Default and Election to Sell being recorded by the lender and served on the homeown 1 Only owner-occupied homes are eligible under the law Only owner-occupied homes are eligible under the law and only if a notice of default was recorded on or after July 1, 2009. Once a homeowner elects mediation, the lender must participate. The $400 mediation fee is split equally between the two parties. The Administrative Office of the Courts is administering the program and has established a webpage with a variety of information and forms, including some information in Spanish.
The Settlement Conference Requirement to Appeal to the Nevada Supreme Court	AVVO	August, 2009
Nevada requires a settlement conference before a case may be appealed to the Supreme Court., each party and its attorneys meet with a settlement judge. The judge cannot make any decisions regarding the outcome, but will listen to each side, critiquing and advising both sides. 1 The Settlement Program The Supreme Court’s Settlement Program is an ADR program. Started in 1997, since its inception, 53% of the cases assigned to the program have settled. The program is governed by the Nevada Rule of Appellate Procedure 16 ( NRAP 16 ). 2 How Does It Work? Mediation is a process in which an impartial third party, a Settlement Judge, assists the parties in reaching a mutually acceptable solution to their dispute. The settlement judge doesn’t decide the outcome of the case, but rather assists the parties in communicating their positions and interests in order to promote understanding, reconciliation, and a mutually acceptable solution to the dispute. In doing so, the settlement judge may ask questions, help define issues, and assist in the generation and evaluation of settlement proposals. Mediation provides the parties with an opportunity to resolve their case themselves.
Truck Accidents	AVVO	June, 2009
Common Mistakes Accident Victims Make: How To Avoid Them # Recovering For Injuries In Truck Accidents # What To Include In Your Accident Records 1 Facts You Should Know About Personal Injury Claims Many accident victims think their claim is weak when really it is strong. This is often due to mistaken beliefs they have about personal injury claims, such as when they are allowed and how much compensation they can recover. Here are some key facts to know about personal injury claims. Though circumstances differ in each case, if you are in an accident, you can often:
Comparative analysis of the most popular business entity organizational structures	National Business Institute	January, 2008
Custom-Tailor the Business Entity Choice to Each Client's Individual Business Needs When a client comes to your office aflame with a fantastic new idea for a business, are you ready to offer him sure footing to start out with? How will your knowledge of business entity laws and mechanics stack up when existing business clients ask for your help in restructuring their company? Our engaging course of study offers a detailed comparative analysis of the most popular business entity organizational structures on today's market to help you find the perfect business match for any client. Ensure smooth business operations and continuous tax savings for every client â register today! * Clearly distinguish between various types of LLCs, corporations and hybrids to determine which fits the specific situation best. * Know how the âcheck the boxâ income tax regulations come into play when forming a business entity. * Review sample formation documents that you can use in your practice. * Utilize tax benefits with an understanding of how LLCs are taxed as pass-through entities. * Organize all the tax-saving, liability-limiting, estate-planning tools into a comprehensive business structure packet for a single business owner. * Take a detailed look at the âlittle darlingâ of business entities â the S Corporation, and learn how to make the best use of the advantages it offers. * Walk through the process of conversion to an LLC and find out when it isn't the best option. * Help your clients avoid the legal pitfalls of doing business across state and country borders with these practical tips.
Death of A Party to a Nevada Lawsuit	AVVO	January, 2008
Jurisdiction: Las Vegas, NV Substitution of a successor or personal representative Before the expiration of 90-day limitations period triggered by filing of suggestion of death upon the record . A filing of notice of death on the record by any party triggers the rules ofNRCP 25. 1 SUBSTITUTION OR AN ESTATE FOR A DECEASED LITIGANT If someone in a law suit dies and the claim is not extinguished by the persons death, the court may order substitution of the proper parties.
How Do You Find A Good Injury Lawyer	Linkedin	December, 2008
Lawyers, particularly injury lawyers, seem to be out of grace these days, tort reform & all that. If you where hurt, or another family member is hurt in a way that altered the long term future for the worse. Would you hire a lawyer? What channels would you look to in order to find your lawyer. Would you go to the internet, or the phone book, would you listen to the tv and radio or taking in the roadside charm of the bill boards. What process do you use to call a good lawyer from advertised chafe. How can you tell any thing about those draper laddies and gentlemen who offer to right the wrongs done to us. can you tell the folks who genual want to good job or just get quick money What Would you want him to do for you. What training & experience would you want to have. How would you judge his ablates, are there restriction you would impose on his discretion to pursue you case. What reports would you want from the lawyer as the case went on how frequently would you want the reports, what should the reports say? Most importantly, how will you find lawyers and how will you pick your lawyer from the herd. What is it about one lawyer that makes you hire him rather than any of the others. The more detail can give me about this the better.
If your clients have to surrender a settlement to reimburse their insurer or employer, will their assets support their needs?	Investment Advisor	May, 2008
If your clients have to surrender a settlement to reimburse their insurer or employer, will their assets support their needs? This is a story about a threat to your clients of which you may not be aware, but that you can do something about. It starts with a woman named Deborah Shank who stocked shelves at a Missouri Wal-Mart. She was seriously injured in an automobile accident, was permanently disabled, and now lives in a nursing home. Her employer, which has garnered much criticism over its employment practices, appeared to stoop to a new low in November 2007 when it became
VETERANS ADMINISTRATION DISABILITY LAW	Nevada Lawyer, State Bar of Nevada	November, 2008
OVERVIEW OF VETERANS ADMINISTRATION DISABILITY LAW BY HOWARD ROITMAN, ESQ. Representing military veterans is an exceptionally difficult, yet rewarding, experience. It is an invigorating and eye-opening opportunity to help those who have done so much for us. This area of practice requires tenacity and endurance and can take years. Veterans are not easily given the benefits they are entitled to and promised. Wrestling benefits from the government is like prying gold from a dead manâÂÂs hand. THE VA AND THE VETERAN: WHAT IS THE VA? The Veterans Administration (VA) provides, among other things, disability benefits for veterans and their families. Obtaining these benefits can be like pulling teeth from a rattlesnake. It has been said the unofficial motto of the VA is: âÂÂdelay, deny; and hope that they die.â This is unacceptable in an era during which our nation is at war. The U.S. has about 3.5 million veterans and beneficiaries receiving compensation. In 2006, about 215,000 new beneficiaries were added to the rolls. In 2007, the VA estimated that about another 800,000 claims were filed. These claims all start out at local offices and then wend their way through regional and national procedures.
Injuys From Falling Truck Cargo	AVVo	March, 2007
materials, goods and products from falling from trucks is is a regular source of fatalities w Are pallets usually inspected before being loaded or moved? The purpose of this article is to alert people to the hazards of falling cargo from trucks that are moving and loading/unloading and to help prevent future deaths when performing these jobs. The additional pages describe the recommendations in further detail and provide resource contacts. Following the recommendations described can greatly reduce the risk for a serious injury or deaths
Probate Procedures and Practice	National Business Institute	March, 2007
When guiding a case through the probate process, you need to follow a complicated series of procedures, handle issues that you can no longer consult your client about, all the while troubleshooting unusual situations that are bound to come up. Do you have the knowledge and skills you need to assess the situation, deal with all the problems and come through the process knowing you fulfilled your client's objectives? Don't take risks when getting the information you need is so easy. In these practical, information-packed reference materials, you'll learn exactly what to expect when handling a client's estate during the probate process. Start things off on the right foot by using our checklist when initiating the probate process. Ensure that the family's needs are taken care of by determining spousal rights and making timely distributions. Be prepared for just about anything with troubleshooting strategies that will help you handle unusual situations that may arise during the process. Bring things to a smooth conclusion by wrapping up all the details when closing the estate. Don't miss this opportunity to enhance your skills – order these comprehensive reference materials today! Course Content 1. Getting Started: Initiating the Probate Process 2. The Spouse's Rights and Family Maintenance Concerns 3. Closing the Estate 4. Ethical Issues in Probate Practice
So You Want to have a Mediation or Arbitration Practice?	Nevada Lawyer, State Bar of Nevada	October, 2007
SO YOU WANT TO HAVE A MEDIATION OR ARBITRATION PRACTICE. BY HOWARD ROITMAN, ESQ. Almost every attorney I know wants to get into mediation and arbitration, but it must be approached like any other business proposition. You can’t just hang a sign on the door and say “I am in the ADR business.” This kind of matriculation results in the graduate going broke pretty quickly! First, you need to learn about the business and how it is being operated by other professionals.1 The upside of the business is that when an arbitration or mediation is over, it’s over. As a neutral party you get paid and move on to the next case-- none of the “Chinese water torture” that comes from litigating, no discovery headaches, no listening to clients complaining, and no fighting about fees. The downside, of course, is the difficulty of converting the business into a livable income. As with any other legal specialty, starting an ADR practice takes clients. Without a doubt, the best source of business is other lawyers. That’s right: your friends and colleagues. Start by telling everybody you know that you are available to arbitrate and mediate cases for them and others. If you can get people out of litigation hell-- and this means actually settling their cases-- they will send you work. It is as important to cast your net wide as it is to develop the contacts you already have. It is a fundamental tenet of selling that you will not get any business unless you ask for it. Be aggressive. The worst a prospective client can do is say “no.” Talk to people at social gatherings, write articles, appear at seminars, and let the world know that you can solve problems. However, make sure you are capable of handling the work when it comes your way. If you get cases and you don’t resolve them, you are on your way to both embarrassment and a burning of your relationships. It’s also fundamental to participate on panels which refer work. Some are better and more prestigious than others, and it is more difficult to become a part of some of them than others. Ultimately, your reputation, credentials and experience are the things which will get you onto a panel. Here are some leads to help you get started:
Corporate Formation	Natioanl Business Institute	1995