comply with the California Bar Act and the California Rules of
Professional Conduct; submit written quarterly reports to the Office of
Probation, with a final report due no earlier than 20 days before the last
day of the probation period; answer fully, promptly, and truthfully, any
inquiries of the Office of Probation relating to whether Lynes is complying
or has complied with the conditions of probation; report any change in
information to the California Bar and Office of Probation within 10 days of
the change; schedule a meeting with a probation deputy within 30 days of
the effective date of discipline and meet with the probation deputy, in
person or by telephone, as directed and upon request; attend Ethics School
within one year of the effective date of discipline and provide proof of
attendance and passage of the session-end test to the Office of Probation;
and take and pass the Multistate Professional Responsibility Examination
(MPRE) within one year of the effective date of discipline. 2
Lynes was disciplined in case S205810 for failing to provide a
client with an accounting or billing statements, failing to respond to
clients' status requests, failing to provide a client with a copy of the
client's file, failing to promptly refund unearned fees to a client, and
failing to cooperate in pending disciplinary investigations. In so doing,
Lynes was found to have violated California Rule of Professional Conduct
(RPC) 4-100(B)(3), equivalent to Nevada RPC 1.15 (safekeeping property);
California Business and Professions Code (BPC) section 6068(m),
equivalent to Nevada RPC 1.4 (communication); California RPC 3-
700(D)(1), equivalent to Nevada RPC 1.16 (declining or terminating
Lynes was also ordered to pay the costs of the disciplinary
2
proceedings.
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representation); California RPC 3-700(D)(2), equivalent to Nevada RPC
1.15 (safekeeping property); and BPC section 6068(i), equivalent to
Nevada RPC 8.1 (bar admission and disciplinary matters). One
aggravating factor—multiple acts of misconduct involving multiple
clients—and one mitigating circumstance—no prior record of discipline—
were considered.
Case no. S206240
The California Supreme Court entered an order in case no.
5206240 on January 9, 2013, wherein Lynes was placed on a two-year
stayed suspension from the practice of law in California and a two-year
probationary period. During Lynes's probationary period, he must adhere
to the following conditions: comply with the California Bar Act and the
California Rules of Professional Conduct; report any change in information
to the California Bar and Office of Probation within 10 days of the change;
schedule a meeting with a probation deputy within 30 days of the effective
date of discipline and meet with the probation deputy, in person or by
telephone, as directed and upon request, to discuss terms and conditions of
probation; submit written quarterly reports to the Office of Probation,
with a final report due no earlier than 20 days before the last day of the
probation period; answer fully, promptly, and truthfully, any inquiries of
the Office of Probation relating to whether Lynes is complying or has
complied with the conditions of probation; attend Ethics School within one
year of the effective date of discipline and provide proof of attendance and
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passage of the session-end test to the Office of Probation; and take and
pass the MPRE within one year of the effective date of discipline. 3
Lynes was disciplined in case S206240 for failing to act
competently, failing to respond to a client's status requests, failing to
promptly refund unearned fees to a client, and failing to cooperate in
pending disciplinary investigations. In so doing, Lynes was found to have
violated California RPC 3-110A, equivalent to Nevada RPC 1.1
(competence); BPC section 6068(m), equivalent to Nevada RPC 1.4
(communication); California RPC 3-700(D)(2), equivalent to Nevada RPC
1.15 (safekeeping property); and BPC section 6068(i), equivalent to
Nevada RPC 8.1 (bar admission and disciplinary matters). One
aggravating factor—prior record of discipline—and no mitigating
circumstances were considered.
Reciprocal Discipline
SCR 114(4) provides that this court shall impose identical
reciprocal discipline unless the attorney demonstrates, or this court finds,
that at least one of four factors is present: (1) the procedure in the other
jurisdiction denied the attorney due process; (2) there was such an
infirmity of proof of the misconduct in the other jurisdiction that this court
cannot accept the other court's decision; (3) substantially different
discipline is warranted in this state; or (4) the established misconduct does
not constitute misconduct under the rules of this state. Discipline
elsewhere is res judicata, as SCR 114(5) provides that "[fin all other
respects, a final adjudication in another jurisdiction that an attorney has
'Lynes was also ordered to pay restitution and the costs of the
disciplinary proceedings.
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engaged in misconduct conclusively establishes the misconduct for the
purposes of a disciplinary proceeding in this state."
We are not persuaded that any of the exceptions apply to this
case. Accordingly, we grant the petition for reciprocal discipline We
hereby suspend Steven Charles Lynes for two years, stay the suspension,
and place him on probation for two years. Consistent with the California
terms of probation, Lynes must spend the first 90 days in actual
suspension. Further, Lynes shall copy Nevada Bar Counsel with proof of
his compliance with the conditions of his probation in California. In
particular, Lynes shall provide all reports submitted to the California
State Bar probation unit, proof of attendance at Ethics School, and his
MPRE score. This discipline shall commence on the date this order is
filed. Lynes and the Nevada State Bar shall comply with SCR 115 and
SCR 121.1.
It is so ORDE
, C.J.
Gibbons
,J. Z.-cc ,J.
Hardesty
J.
Saitta
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cc: Glenn M. Machado, Bar Counsel
Steven Charles Lynes
Jeffrey R. Albregts, Chair, Southern Nevada Disciplinary Board
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Office, United States Supreme Court
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