By John Fortin
Balancing a busy practice and taking on pro bono matters is difficult. Taking on complex constitutional rights violations cases can be even more difficult because those proceedings are usually drawn out over several years, involve significant motion practice, and end with a jury trial. While pro bono legal services should be just that—pro bono—fees and costs incurred (especially in complex constitutional rights matters) can certainly add up.
It will be some time before decisions are rendered, but there are two appeals pending before the Supreme Court of Nevada that could result in recovery for some fees and costs. First, in Herndon v. City of Henderson, Case No. 88497, the court will determine whether NRS Chapter 41 limits punitive damages when the government violates the Constitution of the State of Nevada (i.e., a Mack claim). Second, in Spencer v. City of Henderson, Case No. 88629/89007, the court will determine whether special damages are available under Mack.
If there is no bar to, or cap on, punitive and special damages, the Nevada legal community would be able to take advantage of these rulings and take on complex pro bono constitutional rights matters from Legal Aid Center of Southern Nevada knowing that there may be recovery for some fees and costs at the end. Favorable rulings in Herndon and Spencer would provide assistance to Nevada lawyers trying to balance their daily lives and their desires to give back to the community through accepting constitutional rights violations cases.
About the author
John Fortin is a commercial litigator and appellate attorney at McDonald Carano. He is a former law clerk to the Honorable Chief Justice James Hardesty of the Supreme Court of Nevada and served for over a decade in the U.S. Navy on active duty and continues to serve in the reserves today.
About the article
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This article was originally published in the Communiqué (Nov. 2024), the official publication of the Clark County Bar Association. See https://clarkcountybar.org/about/member-benefits/communique-2024/communique-nov-2024/.
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