This morning I called David Clark, the counsel for the Nevada Bar, to see if he had any concerns about Las Vegas attorney Jay Brown’s profit sharing agreement with his clients seeking medical marijuana licenses. Jon Ralston revealed http://www.ralstonreports.com/blog/attorney-jay-brown-asks-med-pot-client-37500-nonrefundable-fee-9-percent-business#.U3UTRvldX9k yesterday that Brown filed disclosures with Clark County, noting he will get 9% of profits from his successful applicants.
Clark seemed less than concerned, dismissing the two seminal provisions of the Nevada Rules of Professional Conduct prohibiting attorneys from going into business with clients. Clark noted that rule 1.8 (a) allows clients to waive conflicts declared by their attorneys (which Brown’s client did) and noted that at first glance rule 1.8 (i), which prohibits attorneys from having a proprietary interest in their client’s case, appears to apply to litigation.
What Clark failed to mention is the fact his wife, Diana, is a longtime assistant to Jay Brown. Is there a rule prohibiting such omissions?