Quantcast
Home manage Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Sun Mon Tue Wed Thu Fri Sat

sponsored by
News


JANE ANN MORRISON: Know-it-all bankruptcy judge tough on attorneys, law firms

U.S. Bankruptcy Judge Bruce Markell is a tough hombre with demanding standards.

He expects attorneys who practice before him to be ethical and competent. And he's using the persuasive power of the pen to get that message out.


Most Popular Stories
  • Three suspects arrested in shooting death of police officer
  • Three suspects arrested in shooting death of police officer
  • FATAL SHOOTING: Police again mourn comrade
  • NORM: Biden finds rank has its privileges
  • NORM: Walton: Coach deserved a punch
  • DEADLY HOME INVASION: Police suspect link to family
  • Station Casinos posts $455 million third-quarter loss
  • Two of three suspects in slaying of officer could face death penalty
  • Las Vegas police shoot at man fleeing after traffic stop
  • Las Vegas police shoot at man fleeing after traffic stop
  • UNLV sacks football coach Sanford
  • NORM: CityCenter seeks presidential visit




  • Instead of just slapping a few hands in court, Markell authored three take-no-prisoners published opinions reprimanding attorneys and even sanctioning a bank.

    He has a reputation as a know-it-all, but a know-it-all who knows his stuff. Attorneys describe him as "undeniably brilliant" but also arrogant and rigid.

    He spent 10 years practicing bankruptcy law in Los Angeles before moving into the academic world in 1990. He still teaches at UNLV's Boyd School of Law and became a bankruptcy judge in 2004.

    In August, Markell publicly reprimanded attorney Neil Beller and said the State Bar of Nevada should look at Beller's dual representation of two clients in the same case. (More about Beller later.)

    Also in August, Markell publicly reprimanded the Cooper Castle law firm, privately reprimanded one of its junior attorneys and sanctioned Wells Fargo Bank for bad faith conduct, ordering it to pay certain legal fees.

    Markell's wrath was incurred when a Cooper Castle attorney representing Wells Fargo and an attorney representing a husband and wife both signed a stipulation agreeing to surrender two of three homes the couple owned. But the stipulation mistakenly surrendered the home Hector and Tiffany Martinez wanted to keep as a residence.

    Instead of correcting the mistake, Wells Fargo ordered the attorney not to consent to vacating the stipulation.

    Markell didn't take kindly to that, saying attorneys were obligated to tell clients when they were doing something wrong.

    The junior associate was doing the bidding of the bank and his higher-ups at the law firm.

    By following the bank's orders, knowing they were wrong, Cooper Castle and its lawyers became "unthinking agents," he wrote.

    In 2006, Markell sanctioned the Henderson law firm Harris Merritt Chapman and partner Scott Chapman, saying the firm and Chapman "who had no background or training in Chapter 11, agreed to represent a client who had no business being in bankruptcy."

    This case over a Porsche resulted in Markell ordering a combination of public reprimands, admonishments and educational requirements.

    He banned the firm from appearing in bankruptcy court or advertising bankruptcy as a specialty until at least one member attended continuing education classes in bankruptcy and ethics.

    Chapman has appealed Markell's opinion to the 9th U.S. Circuit Court of Appeals.

    Markell is the only bankruptcy judge in Las Vegas who is aggressive about publicly and harshly reprimanding attorneys. He is demanding ethical behavior and legal expertise and wants to avoid unnecessary and costly hearings.

    Sounds like he's trying to protect the public's interest by raising the bar.

    CORRECTION: In my Sept. 4 column about Beller's public reprimand by Markell, I made two mistakes; and I want to correct the errors involving Beller's dual representation of Joseph and Jo Ann Rossana and Las Vegas attorney John Momot.

    Some condensed background in the case: Momot obtained a judgment of $225,779 from Beller's clients, the Rossanas, over the sale of a bar in 1987. A judge later decided Momot seized $28,559 too much property and Momot owed that to the Rossanas. Beller exercised a judgment against Momot's bank account for the $28,559 in 2003. Momot later asked Beller if he could remove the judgment because it was hurting his credit and reputation. Beller, acting as Momot's attorney, asked the court to set aside the judgment because it had already been paid.

    I wrote: "Momot asked Beller if he could remove the judgment against his bank account." That was wrong because, at that time, there was no pending judgment against Momot's bank account. It had been satisfied.

    I wrote: "Basically, he asked the court not to go after the $28,559 in Momot's bank account, money that should have gone to the Rossanas." Again, that was wrong because Momot already had paid the Rossanas.

    Despite that, Markell wrote, "Although Beller claims no prejudice, he did not secure from Momot any agreement not to take action against the Rossanas if Beller was successful in setting aside the judgment." The judge said that was important, because "Momot could have conceivably sought to recover the funds garnished."

    Beller's appeal of the judge's public reprimand is pending in U.S. District Court.

    Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275.

    Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

    Leave Your Comment 26 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    BK Refugee wrote on September 16, 2008 05:59 PM: Markell = Self-Promotion. Truer words have yet to be spoken. He is not about the public. He bored students to death at UNLV and no one would listen. He then moved on to the Court to promote his judicial activism. He files bar complaints agaist attorneys who disagree with his opinions. What about complaints against him? He needs to comb his hair, use Head and Shoulders, iron his clothes and start serving the public.


    Markell Equals Self-Promotion wrote on September 16, 2008 04:42 PM: @ BK Refugee...you are right. Most won't say it, because Markell is "smart", but he costs taxpayers WAY more than he helps. Book-smart does not equal common-sense & that is certainly the case here. He can read and write and think, but his motive are for his self-promotion. The other judges know EQUITY, they save money for the taxpayers. Markell expands cases, drags on hearings, approves fees to attorney in CRAZY amounts (only to those in the inner circle), but cuts fees to people he doesn't know, and on, and on.

    The SAD thing here is that Jane Ann really missed the mark...in the same breath, she tells us that Momot and Beller actually did nothing wrong and helped save taxpayers money by settling a case, then says that Markell is raising the bar by sanctioning them. Markell was just plain wrong, given her correction. Markell just wants FAME on the publics dime...a chance to pen his Opinions. A deeper investigation would have revealed this...WELL, so much for accurate reporting. Remember, the LA Times leads the way in breaking stories in Las Vegas corruption, not the RJ. At the RJ, most of the stories protect those inside the "circle". So much for change, it just takes on another form.


    And In District Court wrote on September 16, 2008 01:03 PM: To Indigent; That's business as usual for Judge Mosley. Did you know that only Judge Walsh has been reversed more than Mosley?


    BK Refugee wrote on September 16, 2008 10:53 AM: As a refugee of Markell, I could not disagree more with most of the commments. Those who can't do, teach. It has been said. Those who can't teach become bitter like Markell and attack, judge and terrorize attorneys who can both do and teach. In my opinion, Markell is a tyrant and goosesteps to the beat of his own drum. He wastes so many public resources writing lenghtly opinions which mean nothing. Spending all of our money in an empty courthouse. He likes to write and that is why he quit law and quit UNLV. He is cordial in person and sneaks to his chambers and writes lies and inaccuracies about members of the bar who have spent years building their reputations. Count yourselves lucky not to have met him. California unfortunately won't take him back as his slash and burn style ran him out of town. He is all wrong for Nevada.


    indigent wrote on September 16, 2008 10:44 AM: And In District Ct....

    Wow. I missed this one. Its interesting the Supremes would make this move for this 'reason' as cases have surfaced wherein the supreme court itself upheld lower courts dismissals after needless delays and obstructions when evidence clearly showed constitutional violations as well as violations of Nevada statutes.

    The violations are serious and not just technical...suppression of mitigating evidence withholding the evidence from the defendant to coerce a plea, failure to disclose certain consequences of the plea, stacking bogus charges to induce a plea in exchange for a reduction of those bogus charges with the threat of prison if not agreed to.

    In one case the Supreme Court was given two opportunities to review the facts and evidence of the case and refused to review and reach the constitutional issues of the case.

    Now this and others are being investigated by federal agencies.

    There is no speculation on the latter case. Facts are blatent.


    PW wrote on September 16, 2008 04:59 AM: My hat is off to Judge Markell!

    The reason, in my opinion, that so many are wronged by the system, is the fact that too many attorneys, for too long, have gotten away with practicing sloppy law and violating ethics. No thanks, in some cases to the State Bar who is suppose to oversee them.

    More often than not, some attorneys accept cases outside the arena of their legal experience or knowledge. Not because of compassion, but because of money. Of course the client doesn't know this. So when things go sour, clients are left in the lurch. In some cases, greatly harmed. I mean, would you go to a podiatrist (foot doctor)to have heart surgery?

    As far as I'm concerned, all judges should follow the lead of Judge Markell; State & Federal!


    More Morrison Corrections wrote on September 15, 2008 11:00 PM: It's pretty bad when the corrections are almost as long as the column... I know they say newspapers are written on a fifth-grade level but I didn't realize it meant they're written BY fifth-graders.


    Ganged Up On wrote on September 15, 2008 10:04 PM: Can someone please tell me if it is possible to switch judges in Bankruptcy Court. Help!


    Bankruptcy Lawyers wrote on September 15, 2008 10:00 PM: There are a lot of difficulties when it becomes adversarial in bankruptcy proceedings. Because knowing about creditor’s initiation of a proceeding is affective to scare a debtor a pay first. But it is also true that when the debt is huge than it becomes significant power also. However, bankruptcy lawyers in New York are the best way to solve these types of issues.

    http://www.lawyersindemand.com/


    TalkingHead wrote on September 15, 2008 09:10 PM: Markell has a reputation as one of the smartest bankruptcy judges anywhere. The district is lucky to have him.


    Read All Comments