Bar Counsel David Clark sent me a copy of divorce decree from almost seven years ago. Apologies for linking him to ex-wife who is assistant to Jay Brown. I stand by the comments attributed to Clark.
I have seen your blog post and second post regarding our conversation and my “failure to disclose.”
I am requesting a retraction of your post on all media and all outlets in which you published the original post and second posting
First, attached is a copy of my divorce decree, showing that I was divorced from Diana Clark almost 7 years ago.
Second, I declined to offer you an opinion on the facts you proffered – repeatedly declined. I do not offer ethics opinions on news articles, only grievances and requests for opinions from attorneys or the court.
Third, I disagree with your characterization that the “Rules of Professional Conduct prohibit[…] lawyers from going into business with clients.” I certainly said no such thing.
RPC 1.8 prohibits such transactions unless the requirements of RPC 1.8(a)(1-3) are met. I mentioned this to you in our conversation. As to RPC 1.8(i), the prohibition is to “cause of action or subject matter of litigation.” Again, as I mentioned to you in our conversation, I have not seen “cause of action” ever applied to a non-litigation representation.
Please respond to my request for a retraction.
David A. Clark
State Bar of Nevada
600 East Charleston Blvd.
Las Vegas, NV 89104
(702) 317-1444 – direct
(702) 382-8747 – fax