The panel recommended that Boles be suspended from the
practice of law for two years, with the conditions that Boles be (1) required
to retake the Multistate Professional Responsibility Examination (MPRE)
and attorney ethics portion of the Nevada Bar Examination prior to
applying for reinstatement; (2) required to pay for the costs associated
with the disciplinary proceeding pursuant to SCR 120; (3) within three
days of the effective date of an order of suspension, required to
demonstrate to bar counsel that he has notified all of his clients of his
suspension; and (4) within fifteen days of an order of suspension, place all
of his Nevada clients with other counsel, conclude representation, or, with
the assistance of bar counsel, attempt to expeditiously aid any remaining
clients in finding new counsel.
The findings and recommendations of a disciplinary board
hearing panel are persuasive; however, our automatic review of a panel
decision recommending a suspension is conducted de novo, requiring the
exercise of independent judgment by this court. SCR 105(3)(b); In re
Stubff 108 Nev. 629, 633, 837 P.2d 853, 855 (1992).
Having reviewed the briefs filed in this matter and the record
of the disciplinary proceedings, we conclude that clear and convincing
evidence supports the findings that Boles violated RPC 1.3 (diligence) and
RPC 1.4 (communication). SCR 105(2)(e). We approve the panel's
recommendation that Boles be suspended subject to conditions. However,
we determine that a suspension of one year is appropriately tailored to the
violations here. We therefore reject the recommended suspension term of
two years and instead direct that Boles be suspended for one year.
Accordingly, Boles is hereby suspended from the practice of
law for one year, subject to the conditions set forth above. Boles shall pay
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the costs of the disciplinary proceedings within 30 days of receipt of the
Nevada State Bar's bill of costs. See SCR 120. Boles and the state bar
shall comply with the applicable provisions of SCR 115 and SCR 121.1.
It is so ORDERED.
I eikeil , C•J.
Pickerin
Gibbons
clesty
, J
Parraguirre
, J.
, J.
Saitta
cc: Thomas Susich, Chair, Southern Nevada Disciplinary Panel
David Clark, Bar Counsel
James Andre Boles, Esq.
Kimberly Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Office, U.S. Supreme Court
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