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Oct. 09, 2006
Copyright © Las Vegas Review-Journal


JANE ANN MORRISON: Lawyer Lerner plans counterpunch after taking heavy hit from arbitrator

The Heavy Hitter received a thwacking himself in Reno, where an arbitrator ruled that Glen Lerner used deceptive advertising and that his law office was negligent in handling a case, which if upheld could affect his ability to advertise in Las Vegas.

"We're appealing; it's a joke," Lerner said.

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Best known for over-the-top advertising that more conservative members of the bar find repulsive but that the public finds memorable and amusing, Lerner insisted that he is the victim of a vendetta by Reno attorneys.

"Reno attorneys hate Las Vegas attorneys," he said. "I'm not part of their old boys' network, and I've taken all their business."

Lerner relishes the tough talk, but Reno lawyers are enjoying that last satisfying laugh. To settle a bar complaint brought by other clients several years ago, Lerner has pulled out of the Reno market. He won't practice or advertise in Reno, although he's still going strong in Southern Nevada and Arizona.

But this case, which threatens his ability to advertise, wasn't part of that complaint. Singer Cecilia Llamas sued Lerner and his former paralegal, Geraldine Coronado, in Washoe County District Court over the way her lawsuit was handled.

Llamas, who was injured in a car accident Aug. 20, 2000, visited Lerner's law office in Reno, met with Coronado and assumed that the paralegal was an attorney. (The Nevada Supreme Court since has said that nonlawyers cannot meet with clients.)

The paralegal discussed the claim, explained the statute of limitations and other legal issues and, at one point, handed a cell phone to Llamas, who spoke briefly with Lerner. Llamas said they only exchanged greetings, but Lerner insisted they discussed the facts of the case and the terms of the retainer agreement.

Llamas thought she had hired the Heavy Hitter himself.

His firm crafted a complaint but couldn't locate Jeff Irvin, the driver who hit her, to serve him with the paperwork.

"Apparently, Lerner's office was not familiar with the statute that allowed service by certified mail at the last known address of Irvin and service upon the Director of Department of Motor Vehicles," the arbitrator wrote (clearly taking a dig at the competency of Lerner's law firm).

Because Irvin wasn't served, the court dismissed the complaint, which couldn't be refiled because it was past the two-year statute of limitations.

Llamas sued Lerner and the paralegal. The claims against the paralegal were dismissed, but the arbitrator, Albert Pagni, found in Llamas' favor when it came to negligence and deceptive trade practices. He said the award should be a total of $114,000, but because of caps, it was cut to $47,643.

Pagni said Lerner's unacceptable defense was to shift responsibility to other lawyers in his firm. Pagni wrote that "whether he was an ordinary lawyer or a 'Heavy Hitter,' he should have prevented the case from falling through the cracks."

Lerner's ads -- in which he is in front of a tornado, playing baseball and winning car races -- received Pagni's scorn as false and misleading. The ads led Llamas to believe that she was hiring a seasoned trial lawyer based in Reno, Pagni wrote. "Lerner created a sense of false security." (Isn't that what lawyers do?)

Lerner insisted that the antipathy toward him was directed by a specific Reno personal injury attorney, Peter Chase Neumann.

"I'm going after Peter Chase Neumann," Lerner said, without being more specific about whether his heavy hitting might be a lawsuit or something more physical.

Neumann was a witness for Llamas who testified that it appeared Lerner was "a rainmaker, but not a experienced seasoned, highly reputable trial lawyer." Neumann said Lerner's ads violated the Nevada Supreme Court's rules, and Pagni agreed with him.

Neumann responded to Lerner's comments by saying, "I guess he's mad because I was quoted by the arbitrator as the expert."

A decision as to whether Lerner can go to trial as if the arbitrator's decision was never issued on July 26 is pending before a Washoe County judge.

A lawyer for 16 years, Lerner said he's not in court much anymore, describing himself as more of an administrator.

"I'm the Joe Louis greeter," Lerner said with a laugh.

His low-brow advertisements work, which is why more and more attorneys are showing their faces on television. But in the end, it's a free-speech issue, and if people prefer lawyers lacking dignity on TV, that's their choice.

But the folks in Reno won't be bombarded with the Heavy Hitter ads any longer.

Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call 383-0275.

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