The State Bar filed a lawsuit May 17 against Mark Pollack, MP Arbitration and Mediation Services Inc., MP Mediation and Paralegal Services Inc., MP Arbitration and Mediation Services and MP Mediation and Para-Legal Services Inc. The lawsuit was filed after consumers complained to the State Bar that Pollack was providing legal services and advice without being licensed as an attorney in Nevada.

The State Bar filed for a preliminary injunction in Clark County District Court on May 18 asking the court to stop Pollack and the companies from offering legal services or advice.

The State Bar's lawsuit accuses Pollack of offering the public legal advice and other services such as preparing legal forms and documents for customers. Those documents include trusts, wills, powers of attorney, designation of conservatorships, guardianships and executors, the preliminary injunction said.

Non-lawyers are permitted to act as arbitrators and mediators, but the complaint states that Pollack misled the public by purporting to be a certified arbitrator and a State Bar arbitrator/mediator.

Patrick Flanagan III, president of the State Bar of Nevada, said complaints about the unauthorized practice of law are taken very seriously.

"We want to make sure that when a consumer goes for legal advice, they're going to get proper legal advice by a person trained in the law," Flanagan said.

According to the preliminary injunction request, the State Bar had received a complaint about Pollack in 2003. The State Bar sent a cease-and-desist letter in March 2003 to Pollack after receiving the complaint. In 2004, the lawsuit said the State Bar recieved information that alleged Pollack was operating under MP Arbitration & Mediation Services, that he used business cards that stated he was a "certified arbitrator" and that he listed himself as a "State Bar arbitrator/mediator."

The preliminary injunction request said Pollack was a lay member of the State Bar Fee Dispute Arbitration committee, but that the State Bar is working to remove Pollack from the committee because of the lawsuit.

One consumer told the State Bar that when she asked Pollack in April if he was licensed as an attorney in Nevada, he answered yes, the preliminary injunction request said. Linda Rohacek said she then asked him to fax her a copy of his law license.

She said he sent her copies of his law degree, Clark County business license and correspondence from State Bar's Fee Dispute Arbitration Committee, but not a Nevada license. The preliminary injunction called the incident "further proof of defendant Pollack's deliberate duplicity."

Gregory Cortese, Pollack's attorney, declined to comment. Pollack could not be reached for comment.

Flanagan said the State Bar doesn't receive many complaints about mediation and arbitration professionals, compared to other types of firms. He couldn't specify how many consumer complaints the State Bar receives. However, he said the State Bar receives the bulk of its complaints from consumers regarding immigration attorneys or those purporting to be immigration attorneys.

Alana Roberts covers courts and labor relations for In Business Las Vegas and its sister publication, the Las Vegas Sun. She can be reached at (702) 259-4059 or by e-mail at alanar@lasvegassun.com.