Lawyer chastised for committing ‘courtesy’ puts legal community on notice

Beller began his Las Vegas practice in 1969. He was among the attorneys who represented mob figures in the 1970s, a crew that included Oscar Goodman and John Momot.

Beller, 67, did something so unethical that Markell said he couldn’t even find any other cases like it to cite because it was so clearly wrong. The judge gave Beller a public reprimand and referred him to the State Bar of Nevada for "whatever action it deems appropriate."

Beller’s behavior was an "egregious violation of the Nevada Rules of Professional Conduct that fall outside all accepted norms of the legal profession," Markell wrote in his Aug. 19 opinion. "Indeed, Beller’s conduct discredits the work of all attorneys before this court and in the state of Nevada by calling into question whether attorneys will faithfully and loyally serve the interests of their clients."

Beller’s heinous act?

He represented two opposing parties in the same case. It would be akin to Beller representing a patient and the doctor in a medical malpractice case.

Beller has appealed the public reprimand to the U.S. District Court, and because of that pending appeal, he declined to comment on it Wednesday.

The history of the case goes back to 1987, when Las Vegas attorney John Momot sued Joseph Rossana saying Momot was entitled to a share of the sale of Rossana’s Rum Runner Tavern because he helped find the money to start the business and thus was a partner.

Beller represented Rossana. Momot prevailed and obtained a judgment of $225,779 from Rossana and his brother-in-law Joseph Smith.

Rossana, described by Beller as "old school Italian," didn’t agree with the decision and decided to take justice into his own hands the old school way — with a gun. In 1994, Rossana was convicted of aggravated stalking of Momot, malicious destruction of Momot’s property and discharging a firearm from a vehicle at Momot’s home. Beller represented Rossana in the criminal case as well and some of the convictions were overturned, although he spent two years in prison.

Meanwhile, Rossana and his wife filed bankruptcy and Beller again represented them. In 1999, as part of the bankruptcy, Beller filed a complaint against Momot, saying when he seized property to collect on the $225,779 judgment, Momot took too much. In 2003, the court agreed and said Momot should repay the Rossanas $28,559. Beller garnisheed Momot’s bank account to collect the money.

But the action that made Beller guilty of dual representation is this: Momot asked Beller whether he could remove the judgment against his bank account. And Beller did it, without getting permission from Jo Ann Rossana. Joseph Rossana had since died.

In 2007, three years after Momot made the request in a casual conversation, Beller filed a "motion for relief from judgment" on Momot’s behalf. Basically, he asked the court not to go after the $28,559 in Momot’s bank account, money that should have gone to the Rossanas.

Beller told Markell he filed the motion for Momot as a "courtesy … an accommodation from one lawyer to another." (Markell said he leaves it to the bar to decide whether Momot also violated the Nevada Rules of Professional Conduct.)

Beller argued he no longer represented the Rossanas and there had been no damage to them because Momot had agreed he was overpaid. Beller argued nothing he did was worthy of any sanction, but Markell was not convinced.

Favors can bite you in the end … and this one did. Beller, who has never had any public disciplinary action by the state bar, surely regrets trying to help Momot.

But this is Las Vegas, where favors and reciprocal back-scratching have long been a way of life in business, politics, and the legal community, not to mention the mob.

Markell’s message is clear. Let’s hope all unethical attorneys hear it clearly. The times they are a-changin’ (or they should be) and favors shouldn’t trump legal ethics at the expense of clients.

Jane Ann Morrison’s column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275.