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Immigration, school zones, restraining orders: Looking at Las Vegas legal questions

Drive anywhere in Las Vegas and you’re bound to see a billboard advertising a law firm or lawyer.

And it’s not a coincidence.

Nevada is one of the top 10 states when it comes to filing lawsuits. According to a recent study by Tribeca Lawsuit Loans, we ranked tenth, with 86 suits filed per 100,000 people over 12 months ending March 2023. The most litigious state is Florida, with 276 suits per 100,000.

The bottom line: lawsuits are omnipresent in Nevada. And when laypeople find themselves stuck in one, it can be daunting to navigate.

State of Nevada invited two local lawyers who answered questions about the legal system from listeners.

HOW MUCH DO LAWYERS REALLY GET PAID? 

Jay from Las Vegas wondered how much personal injury lawyers make on a case. He said he saw an ad from a local lawyer that said “I’ll never take more than you.” But does that mean they can take 49 or 50 percent of whatever is awarded in court?

Donald Paradiso, trial attorney with Ladah Law Firm PLLC, said when a lawyer works on a contingency basis – that often means if there’s no win, there’s no fee. But if they win, it’s typically much less than 50 percent.

“When you hear advertising like that it means the attorney is not going to be taking more in fees than the client would be receiving as a net recovery at the end of the case after all expenses are taken out, not including attorney’s fees,” he said.

“If we settle your case without having to file a lawsuit, we’re entitled to one third,” he added. “That’s generally standard in Nevada.”

At the same time, Paradiso noted, not all lawyers bill their clients the same way.

“Sometimes there are case expenses or medical bills where the attorney cannot take their full fee. If they did, an attorney’s fee for example might be ten thousand dollars and a client might only receive one thousand. That’s just fundamentally unfair.”

SCHOOL ZONE DISPUTE

Miguel from North Las Vegas asked: “My ex-spouse and I disagree on where our children should attend school. How do we resolve this dispute amicably and ensure that our children’s best interests are prioritized?”

April Green, directing attorney for the Family Justice Project with Legal Aid of Southern Nevada, said that’s a case that can be resolved in court.

“If you cannot resolve it among yourselves, someone has to file a motion for a judge to make a decision,” she said. “All kinds of resources and services that schools have can be put in front of the court (for them to consider) and it’ll be the judge to decide between the two schools.”

RESTRAINING ORDERS

Melissa from Summerlin asked: “What kind of actions are needed to be proven in court in order for a judge to grant a protection or restraining order?”

Green said Nevada has specific criteria to address those questions.

“Assault, battery, threats to harm, harassment, stalking, even destruction of property or animals; all of those things are under the definition of what is domestic violence in Nevada and (can result in the granting of a temporary protection order)”.

The Family Law Self Help Center, 601 N. Pecos Road, provides paperwork for people who want to file for an order, or it can be completed online.


Guests: Donald Paradiso, trial attorney, Ladah Law Firm; April Green, directing Attorney, Family Justice Project (Family Law and Immigration), Legal Aid Center of Southern Nevada

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Christopher Alvarez is a news producer and podcast audio editor at Nevada Public Radio for the State of Nevada program, and has been with them for over a year.