Tuesday, Sept. 21, 2004 | 10:59 a.m.
The use of Las Vegas Mayor Oscar Goodman's name in his law firm's name and on the letterhead for his son's law firm doesn't appear to violate the letter of a state rule for attorneys who are also elected officials, but it does appear to violate the spirit of the restriction, according to a law school professor.
State Supreme Court Rule No. 199, section 3 states: "The name of a lawyer holding public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm. This provision does not apply to a lawyer who takes a brief hiatus from practice to serve as an elected member of the Nevada State Legislature when the legislature is in session."
The mayor continues to be a partner in Goodman & Chesnoff, and the first half of the firm's name is a reference to the mayor. Also, the Goodman Law Group, his son Ross Goodman's firm, lists Oscar Goodman as "of counsel" on its letterhead and in the Yellow Pages.
The mayor said there is no violation of Rule 199 because he continues to advise his law partner David Chesnoff on cases.
Also, the mayor said he gives daily legal advice to his sons, Ross and Eric. The use of the mayor's name by the Goodman Law Group came to light after Ross Goodman sent a letter to the attorney for an 85-year-old woman who Ross Goodman and his business partner, Louis Palazzo, are suing. They are trying to force her to sell her downtown Las Vegas property to them.
"I practice law every day," the mayor said. "I'm not in court, but I'm advising my children every day. I work with my sons every day."
Jeff Stempel, a William S. Boyd Professor of Law at the University of Nevada, Las Vegas Boyd School of Law, said Goodman's explanation appears to comply with the rule.
Law School Dean Richard Morgan agreed that if Goodman is actively advising the attorneys in those firms the rule probably does not apply to him in those cases.
"If in fact he is engaged in providing advice, he's fulfilling his 'of counsel' role. ... I would think he's OK," Morgan said.
However, Stempel said the use of Goodman's name by his old firm and his son's firm appears to conflict with the intent of the rule, which was to prevent, or limit, a law firm from using an elected official's name to bolster the firm's influence or power.
"The rule seeks to prevent a law firm from trading on the the political influence of an elected official. But the law seems to suggest you can still get some mileage out of elected officials so long as they practice," Stempel said.
Also, the definition of practicing includes more than handling cases.
"The practice of law includes advising and counseling other lawyers," Morgan said.
Stempel also said that identifying the mayor as being "of counsel" to his son's firm lowers the threshold for practicing with that firm, because it inherently implies a part-time, consulting role.
Determining whether the mayor continues to practice with Goodman & Chesnoff would generally require "more involvement than of counsel," Stempel said.
"But if he's regularly consulting with Mr. Chesnoff, just because he's not in court doesn't mean he's not complying," Stempel said.
Chesnoff said he speaks frequently with the mayor about cases and clients.
"The mayor is actively and regularly consulting with me," he said.
Goodman promised to devote all of his time to the part-time mayoral position when he was first elected in 1999. The mayor later said he would probably return to the courtroom for a couple of cases if re-elected, which happened in 2003.
"Clearly he could be satisfying the rule," Stempel said. "But I think the spirit of the rule is not met when you're spending full-time being mayor."
Stempel said his discomfort with the mayor's name appearing on the letterhead of his son's firm stems from the type of cases Ross Goodman might be involved in.
For example, a judge is not likely to be swayed to clear a defendant just by seeing the Goodman name behind a defendant. Goodman made a name for himself as a prominent criminal defense attorney.
But some people could feel the mayor has some influence over issues related to downtown Las Vegas, such as the conflict between his Ross Goodman and the woman who owns the downtown property, he said.
"I'm concerned about the appearance in the Ross Goodman situation because if it's a zoning or land use issue, those are city issues," he said.
The mayor also said that if the use of his name by his son and Chesnoff is wrong then Clark County Commissioners Rory Reid and Bruce Woodbury might also have a problem with the rule.
But Stempel and Morgan said the two commissioners would not be affected by the rule because they actively practice in their firms.
Woodbury is a named partner in the firm of Jolley Urga Wirth & Woodbury.
Reid is a partner in the firm Lionel Sawyer & Collins and his name is listed on some of its letterhead.
Complaints about possible violations of the Supreme Court rules for attorneys are handled by the state bar association, which both responds to complaints and can pursue cases on its own.
Penalties for violating a rule can range from a letter of reprimand to disbarment.
Bar association representatives were unavailable to answer specific questions about Rule 199 and its applicability to the Goodman situation.
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