mentor acceptable to bar counsel, one that he is not employed by or
practicing law with; (3) the mentor shall submit monthly reports to the
State Bar detailing his or her contacts with Long, his or her impressions of
Long, and other pertinent observations; (4) he not act as a solo practitioner
while on probation; (5) Long's employers must provide quarterly reports to
the State Bar and to the mentor regarding any issues pertinent to Long's
practice of law; and (6) he pay the costs of the reinstatement proceedings.
The panel also recommended that Long take continuing legal education
courses in any area of law new to him before performing any legal work in
that area, but did not make this a condition of Long's probation.
SCR 116(2) requires that an attorney seeking reinstatement
must
demonstrat[e] by clear and convincing evidence that
he or she has the moral qualifications, competency,
and learning in law required for admission to
practice law in this state, and that his or her
resumption of the practice of law will not be
detrimental to the integrity and standing of the bar,
to the administration of justice, or to the public
interest.
While a disciplinary panel's recommendation is persuasive, we
review a petition for reinstatement de novo. See In re Nubar Wright, 75
Nev. 111, 335 P.2d 609 (1959). Having reviewed the record, we conclude
that clear and convincing evidence supports the panel's findings and
conclusions. We therefore approve the panel's recommendation that the
petition be granted subject to conditions; however, we conclude that some
of the conditions require modification and that the panel's
recommendation regarding continuing legal education should be a formal
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,TVIMMLEMINEMMWM5MICZti I WnWn.s2TM, 4,-ORIMIRIPIFIWAIRDREINIMMEriffl-X.11:1KIKIWARM5NRIEMEMAS TC-V1 3,-`1,
condition. Accordingly, the conditions of Long's reinstatement are as
follows:
(1) Long is placed on probation for 36 months from the date of
this order;
(2) Long must obtain a neutral mentor acceptable to bar
counsel, one that he is not employed by or practicing law
with, and Long's longtime personal friend, attorney Afshin
Tadayon, may not act as such a mentor;
(3) The mentor shall submit monthly reports to the State Bar
detailing his or her contacts with Long, his or her
impressions of Long, and other pertinent observations;
(4) Long may not act as a solo practitioner while on probation;
(5) Long's employers must provide quarterly reports to the
State Bar and to the mentor regarding any issues
pertinent to Longs practice of law, including the areas of
law involved in his current caseload;
(6) Long must take continuing legal education courses in any
area of law new to him before performing any legal work
in that area and be prepared to show his mentor and the
State Bar proof of said CLE completion should one of his
employer's reports detail that Long is handling a case
outside of his normal experience; and
(7) Long must pay the costs of the reinstatement proceedings
within 30 days from the date of this order.
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igir:XLWM. Mffling--r-S374T,TIZAISt*
- ENLS14iWaillilEiliatEMBEE
Accordingly, Kenneth Long is hereby reinstated to the practice of
law, subject to the conditions set forth above.
It is so ORDERED. 1
, C.J.
Pickering
Hp..r,desty
reLA--)1 , J.
Parraguirred
tiN S.
Douglas
cc: David Clark, Bar Counsel
Jeffrey R. Albregts, Chair, Southern Nevada Disciplinary Board
Kimberly K. Farmer, Executive Director, State Bar of Nevada
William B. Terry, Chartered
Perry Thompson, Admissions Office, United States Supreme Court
'The Honorable Nancy Saitta, Justice, did not participate in the
decision of this matter.
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CHERRY, J., dissenting:
I would deny reinstatement at this time. Still glaring is that
Long does not appear to accept full responsibility and accountability for
what he has done by refusing to admit his dishonesty or that the senior
citizen involved was in fact victimized by him.
I am also disappointed that Long's conditions of reinstatement
do not exclude him from representing elderly clients and do not mandate
that he take continuing legal education in the area of elderly law.
J.