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Pro Bono Update: Fees and Costs Recovery in Constitutional Rights Cases
John Fortin authored the Pro Bono Update column in the November 2024 issue of Communique’, Clark County Bar Association’s official publication. His update is provided below and available as a PDF here.
“Supreme Court of Nevada Docket Includes Fees and Costs Recovery in Constitutional Rights Cases,” Communique’, November 2024, 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 the 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 McDonald Carano
In 2024, McDonald Carano celebrated its 75ᵗʰ Anniversary of serving Nevada’s legal, business, government, and civic communities. More than 60 lawyers and government affairs professionals serve Nevada, national, and international clients from our offices in Reno, Las Vegas, and Carson City. McDonald Carano provides transactional, litigation, regulatory, and government affairs services to startups, corporations, private companies, trade associations, nonprofits, public entities, high-net-worth individuals, and family offices throughout Nevada. We are deeply committed to supporting local communities by volunteering our time, resources, and services, including pro bono legal services, to nonprofit organizations, charitable foundations, and public service entities. We are proud to be your Nevada law firm since 1949.
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