Justices chide ‘heavy hitter’

CARSON CITY -- The Nevada Supreme Court has thrown a high fastball past Las Vegas lawyer Glen Lerner, who bills himself as the "heavy hitter" on TV commercials.

Justices issued a public reprimand against Lerner for using an Arizona lawyer, who was not licensed to practice law in Nevada, to represent his clients in two personal injury cases in 2005.

In the decision that was issued late on Christmas Eve, the Supreme Court also announced Lerner, who because of his colorful commercials is one of the best known lawyers in Nevada, previously was issued three private reprimands for "identical conduct."

One of those reprimands also involved Kevin Rowe, the Arizona lawyer he assigned to handle the two 2005 cases.

Lerner, according to the decision, claimed Rowe only was involved in negotiations in the "pre-litigation stage" and did not violate rules forbidding nonlawyers from handling cases.

He also contended the rules on using Nevada-licensed lawyers were "unconstitutionally vague and ambiguous."

Lerner could not be reached for comment Friday.

Justices ordered Lerner to pay court costs, but did not suspend him from practicing law.

Public reprimands are designed as more of an embarrassment to induce lawyers to behave appropriately.

In the 7-0 decision, written by Justice Jim Hardesty, the court stated that it had no evidence that Lerner's clients had been harmed by their representation by a non-Nevada lawyer. But Lerner's violation was not isolated since he had been reprimanded privately before for identical conduct.

Since the private reprimands did not improve his conduct, the court found a public reprimand would be a more appropriate discipline.

Earlier this year, District Judge Michelle Leavitt also criticized Lerner when he failed to show up for the first day of a client's murder trial. She said she would report his actions to the State Bar of Nevada, which first hears complaints against lawyers.

The Supreme Court said in its decision that it, not Lerner, determines what constitutes the practice of law in Nevada. The court stated Rowe served as the Lerner law firm's "sole contact" for the clients on the personal injury cases in 2005.

"Clearly, Rowe engaged in the practice of law," Hardesty wrote. He also said Rowe regularly worked in Lerner's Las Vegas office and acted on behalf of Nevada clients.

"Lerner assisted in Rowe's unauthorized practice, which was undertaken in accordance with Lerner's usual policies and practices," he wrote.

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.