From the Desk of John C. Rogers, Esq.

  • December 22, 2015

December 22, 2015

Dear friends and clients,

As I transition from Partner to “Of Counsel” with Incline Law Group, LLP, I find myself reflecting about the forty-five years I have spent practicing law, first in California and the last 41 years in Incline Village.

Without qualification, I am grateful for the people I have worked with, for people are what makes life worth living. I am grateful for the good work I have been able to do and the resulting good that I have seen accomplished in our community.

During my legal career, I have had the pleasure of working with wonderful clients, attorneys and friends, for which I feel great satisfaction. I am particularly grateful for the last decade working with my partners at Incline Law Group, with whom I will continue to work until I fully retire fully. They are a wonderful group of attorneys with the highest ethical and professional standards, and they work hard providing legal clarity to our community.

Thank you for giving me the opportunity and privilege to provide legal service.

Please accept my best wishes for a joyous holiday season and a peaceful and prosperous New Year.

Take time to stop and smell the roses as time accelerates and the years go by.

Follow this link to an article published in the North Lake Tahoe Bonanza. JCR NLTB Ad Final

 

John Rogers Transitions to “Of Counsel”

  • December 22, 2015

Effective December 31, 2015, Incline Law Group LLP’s founding partner, attorney John C. Rogers, will transition to “Of Counsel” at Incline Law Group. Sometime later, in 2016, John expects to fully retire after more than 45 years of service as an attorney.

John C Rogers - Incline Law Group“It has truly been an honor for me to practice law at Lake Tahoe and create a long-standing practice,” said John Rogers, Incline Law Group’s founding partner. “My career over the last 45 years and especially my partnership at Incline Law Group has been exciting at every turn and has afforded me the opportunity to work with some of the best lawyers and clients in the Lake Tahoe Basin and surrounding areas.”

In 1969 when John C. Rogers graduated from Boalt Hall School of Law (now known as UC Berkeley School of  Law), he never imagined that his law practice would flourish at one of the most beautiful places on earth, Lake Tahoe, for over 45 years. John began his legal practice in 1973 in King’s Beach, California, while preparing for and passing the Nevada Bar Exam. Early in 1974, John “hung out his shingle” in Incline Village on Southwood Boulevard, where he practiced for five years. In late 1979, over 36 years ago, he moved his practice to Incline Law Group’s present location at the corner of Village Boulevard and Incline Way. As Incline Village began to grow, John developed strong ties with real estate and title professionals, which translated into a thriving real property law practice. Additionally, many people and businesses were discovering the more friendly tax and business climate of Nevada, which created opportunities for service in both real estate and business law with both national and international clients.

The growth of the Nevada business community allowed John the opportunity to work with very capable and excellent lawyers over his career, leading to the current partnership, which is Incline Law Group, LLP. Today, Incline Law Group includes partners, Andrew (Andy) Wolf, who practices in the areas of real estate law, business law, litigation and probate; Cassell von Baeyer, who has been recognized for her practice in business, financing, development and real estate law, and Stacey Herhusky, who was named one of Nevada’s top family law attorneys in 2015. Incline Law Group is also proud to have Vera Struc (Of Counsel) and her estate planning practice and Jeremy Krenek, an associate attorney practicing general business, family, probate and real estate law as attorneys with the firm. All attorneys at Incline Law Group are licensed and practice law in both Nevada and California.

“John will be greatly missed when he retires,” said Andy Wolf, a partner at Incline Law Group, who has worked with John for almost two decades. “It is important to announce this news to our community. John is a role model for his professionalism, diligence, community service, and family values. In many ways, he was a pioneer, growing his law practice with his colleagues to meet the needs of the growing communities at Lake Tahoe. As a leading local business and real estate law practitioner, the breadth of his knowledge of the law and historical facts, and his meticulous care for his clients provide guidance to all of us. Incline Law Group is committed to carrying on John’s legacy and providing legal clarity for our clients, as we have for over 40 years.”

Guns and Marijuana

  • December 17, 2015

Two of the most controversial subjects in today’s political landscape involves the right to bear arms and the legalization of medical and/or recreational marijuana.  The gun debate has been on-going for decades now with many people demanding background checks and/or making certain types of guns illegal. With 23 states and the District of Columbia legalizing medical marijuana (four states and Washington D.C. have legalized recreational marijuana), the implications of these new marijuana laws on current gun laws is becoming very interesting.

The Second Amendment to the United States Constitution states: “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”  Numerous cases have been before the U.S. Supreme Court and all have come out the same holding that private citizens of the United States have the right to keep and bear arms. See District of Columbia v. Heller, 554 U.S. 570 (2008). While this is the law of the land, there are a few exceptions to the right to bear arms.

While more and more states are legalizing medicinal marijuana, the cultivation, possession, and/or distribution of marijuana is still illegal under federal law.  Marijuana, whether for recreational or medicinal use, remains classified as an illegal controlled substance under federal law. And, under federal law, it is illegal for a user of controlled substances to possess a firearm. Under 18 U.S.C. §922(g)(3) “it shall be unlawful for any person who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”  §922 essentially prohibits medicinal marijuana patients from owning or possessing firearms and ammunition.

This raises a plethora of questions for gun owners who are medical marijuana Marijuana, Gunspatients and or dispensary owners. Until the federal laws are amended, it seems these people will have to choose between their right to bear arms and their access to medicine and/or ability to own and operate a dispensary.