Bar Counsel Wants Retraction, Sends Divorce Decree

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.  

 Dana:

 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
Bar Counsel
State Bar of Nevada
600 East Charleston Blvd.
Las Vegas, NV  89104
(702) 317-1444 – direct
(800) 254-2797
(702) 382-8747 – fax

 


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