Having reviewed the briefs and the record, we approve the
panel's recommendation that Kossack be suspended subject to conditions.
However, in weighing Kossack's disregard of the responsibilities of
running a legal practice and supervising his staff against the fraudulent
and well-concealed conduct of his staff, we determine that a shorter period
of suspension is appropriate. Further, while conditions are appropriate,
we determine that the panel's recommended conditions require
modification to better protect the public. We therefore reject the
recommended suspension term of three years and instead direct that
Kossack be suspended for 18 months, with the conditions that (1) Kossack
be required to take and pass the MPRE prior to applying for
reinstatement; (2) if reinstated, Kossack shall enter into a two-year
mentoring agreement with a mentor approved by the state bar; the mentor
shall have access to and control over Kossack's trust account, and the
mentor shall make quarterly written reports to bar counsel regarding
Kossack's law practice and trust account; (3) if reinstated, Kossack's
mentor shall determine whether Kossack shall (a) complete a substance
abuse evaluation and comply with any recommendations or (b) participate
in the Lawyers Concerned for Lawyers program"; (4) if reinstated, in
addition to the customary required annual CLE, in his first year of
reinstatement, Kossack shall complete four CLE credits in ethics and six
CLE credits in accounting, trust account management, and/or law practice
management; and (5) Kossack shall pay the costs of the disciplinary
proceedings before applying for reinstatement.
'Alternatively, if, along with any petition for reinstatement, Kossack
provides evidence that he has passed a drug test within the 30 days prior
to the petition being filed, this requirement may be waived.
SUPREME COURT
OF
NEVADA
(0) 1947A
2
473R-742.11EMEIFERNa *.17:-''.74;."4T1';051(EPANINZWAKe'75'11 ,1-;f7,`_:. .•
Accordingly, we hereby suspend Robert K. Kossack from the
practice of law for 18 months from the date of this order. In addition,
Kossack must comply with the conditions set forth above.
It is so ORDERED.
C.J.
Pickering
, op
• - , J
Gibbons
Le-e-c-a-1
Hardesty
Parraguirre
( 1 .E) , J.
Douglas
Saitta
cc: Jeffrey R. Albregts, Chair, Southern Nevada Disciplinary Board
David Clark, Bar Counsel
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Robert J. Kossack
Perry Thompson, Admissions Office, United States Supreme Court
SUPREME COURT
OF
NEVADA
(0) 1947A
3
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