With feds, judge and bar after him, lawyer’s in ‘bad situations’ indeed

Las Vegas attorney Barry Levinson hasn't had a good year.

The State Bar of Nevada wants his license suspended. The feds have targeted him in the HOA investigation, and recently, U.S. Bankruptcy Judge Bruce Markell issued another of his merciless sanctions saying Levinson and his firm lack competence in bankruptcy.

According to Markell, lawyer Jeremy Mondejar's behavior in court representing James and Katherin Spickelmier was "the lowest moment in attorney representation the court has ever witnessed."

Levinson said he let Mondejar go that day, Oct. 12, 2011: "He really embarrassed me."

Markell said Mondejar came to court knowing no more about the case than what he could read off his computer screen. But he also held Levinson responsible, saying he previously ordered Levinson's office, including Mondejar, to take bankruptcy-related continuing legal education courses.

The judge sanctioned Mondejar, Levinson and Levinson's law office in his public reprimand.

Levinson was ordered to pay the couple back the fees.

Levinson, who said he hasn't decided whether he would appeal, said the sanction was "no big deal" because he doesn't do a lot of bankruptcy except for friends. "I think he (the judge) was a little harsh on Jeremy, and maybe on me."

Mondejar, who now works for Callister and Associates, declined to comment.

What could he say when, according to Markell, the attorney arrived late for a hearing that was supposed to last half a day and walked in as his client was complaining about his poor representation.

"He turned on his laptop computer, balanced it in one hand, and began scanning its screen apparently to determine what the hearing was about," Markell wrote in his sanction. "He was unaware of what had been filed in the case and ignorant of the contents of the Order to Show Cause at issue. He floundered, showing an almost complete lack of preparation. It was painful for all in the courtroom, from the client who saw his money being wasted, to the court staff who all too often had seen similar performances from (Mondejar.)"

Levinson and Markell have different opinions of a judge's role in court. Feel free to pick a side.

Markell has been aggressive about sanctioning attorneys who practice in bankruptcy court without knowing the complexities of the laws.

"I don't think that's his job," Levinson said, referring to Markell's disciplining bankruptcy attorneys who don't meet his standards. "It's his job to help guide us; if we're having problems, he should guide us."

I wouldn't want to be represented by a bankruptcy attorney who needs guidance. That's just me. But since the economy tanked and so many people have sought the protection of bankruptcy court, lawyers have flocked to include that in their practice, some with little knowledge of the subject. I tend to agree with Markell that we need to protect bankruptcy clients from incompetent attorneys.

Markell also suggested the State Bar investigate whether further discipline of Levinson and Mondejar is necessary.

The State Bar already has asked the Nevada Supreme Court to suspend Levinson's law license, alleging he misappropriated an undetermined amount of his clients' funds. Levinson blamed his fired bookkeeper for the problems, and the high court has taken no action. "I'm fighting back, and hopefully it will be resolved," Levinson said.

Meanwhile, Levinson doesn't know the status of the federal investigation into fraud and corruption at homeowners associations, but he denied he did anything wrong. The investigation focuses on whether construction defect attorneys and construction companies benefited when there were takeovers of boards, who steered the work to particular people and companies while cheating homeowners.

"I do try to help my clients out of bad situations," Levinson said earnestly.

Levinson may need to focus on his own bad situations with a judge, the bar and the feds nipping at his heels.

Jane Ann Morrison's column appears Monday, Thursday and Saturday. Email her at Jane@reviewjournal.com or call her at (702) 383-0275. She also blogs at lvrj.com/blogs/Morrison