Attorney gets wish: a formal hearing

Three days after demanding a formal hearing, former attorney general candidate and Las Vegas attorney Jacob Hafter on Monday got what he wished for when the Nevada State Bar served him with papers alleging he engaged in attorney misconduct last spring.

In April, Hafter, as a Republican candidate, told online reporter Elizabeth Crum of the Nevada News Bureau that incumbent Democrat Attorney General Catherine Cortez Masto violated attorney-client privilege when she publicly stated her reasons for rejecting Gov. Jim Gibbons' call to join other states in a lawsuit against federal health care reform .

But Hafter, according to the complaint, also told Crum the allegations against Cortez Masto had been filed by a third party according to a "reliable source" at the bar. That third party, according to the bar, was Hafter. No other party complained about Masto formally or informally.

The bar complaint against Hafter alleges the attorney on April 2 called Assistant Bar Counsel David Clark about the Cortez Masto letter. According to Clark, Hafter told him he wanted to file a complaint against Cortez Masto "anonymously," as he was "a declared candidate against Masto and didn't want his name connected with the complaint."

In his answer to the bar, Hafter acknowledged his discussion with Clark, but did not confirm or deny whether he requested permission to make the complaint against Cortez Masto anonymously. Both parties reference a "press release" Hafter sent out April 7 entitled, "Hafter Responds to Allegations Masto Violates Attorney Ethics Rules."

In that press release, Hafter repeats the claim he made to Crum, writing "Mr. Hafter called the Bar and confirmed that a report of Ms. Masto's violation was made to the State Bar."

In court papers, Clark said Hafter's remarks to the press were misleading because Hafter called the bar to lodge a complaint, not confirm that one was made. Clark also noted the title of the press release was misleading since it claims Hafter was responding to allegations "that he personally authored."

Hafter in his answer argues the bar's tactics were an affront to his political free speech rights, and he also claims Assistant Bar Counsel Phil Pattee violated the same ethics rule the bar accuses him of breaking by telling the press Hafter was the subject of an ethics investigation.

That investigation is complete. A three-member screening panel of the bar's Northern Nevada Disciplinary Board reviewed the original grievance alleging professional misconduct and recommended Hafter receive a letter of reprimand. Hafter objected and requested a formal disciplinary hearing .

Hafter has 20 days to respond to the bar's complaint, at which time a hearing will be scheduled.

In his answer to the bar complaint, Hafter seeks to have Clark and Pattee removed from taking a role, alleging they are biased.

Contact Doug McMurdo at dmcmurdo@reviewjournal.com or 702-224-5512 or read more courts coverage at lvlegalnews.com.