Rules of Professional Conduct); SCR 203(2) (misconduct; commit a
criminal act that reflects aversely on the lawyer's honesty,
trustworthiness, or fitness as a lawyer); SCR 203(3) (misconduct: engage
in conduct involving dishonesty, fraud, deceit, or misrepresentation); SCR
203(4) (misconduct; engage in conduct that is prejudicial to the
administration of justice); SCR 154 (communication); SCR 158 (conflict of
interest); SCR 165 (safekeeping property); SCR 173(3) (fairness to
opposing party and counsel; knowingly disobey an obligation under the
rules of a tribunal); SCR 181 (truthfulness in statements to others); RPC
1.15 (safekeeping property); and 8.4 (misconduct). The panel
recommended that Tanner be suspended from the practice of law for two
years, retroactive to his temporary suspension, and that he be ordered to
pay the costs of the disciplinary proceedings.
Having reviewed the record and Tanner's brief, we approve
the panel's recommendation that Tanner be suspended from the practice
of law for two years, retroactive to his temporary suspension. 2
...continued
current form in May 2006, and thus Tanner was charged with violations of
the then-applicable SCRs.
2 We recognize that this renders Tanner eligible to immediately
apply for reinstatement. We note that, in order to protect the public and
the integrity of the bar, see In re Discipline of Schaefer, 117 Nev. 496, 518 -
19, 25 P.3d 191, 206 (2001), this court will not consider reinstating Tanner
unless it is clearly demonstrated that he understands his ethical duties
regarding clients' property, including trust account management, and that
for at least one year following any reinstatement: (1) a mentor, chosen by
the bar, is required to monitor Tanner's practice and report to the bar on a
quarterly basis; (2) a co-signatory, approved by the bar, is required on
Tanner's trust account; and (3) quarterly audits of his trust account are
required.
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Accordingly, we hereby suspend David L. Tanner from the
practice of law for two years, retroactive to the date of his temporary
suspension. In addition, Tanner must pay the costs of the disciplinary
proceedings.
It is so ORDERED.
Gibbons
, J. ett-ti , J.
H ardesty
k CU.): et C,
Parraguirre
Saitta
cc: Jeffrey R. Albregts, Chair, Southern Nevada Disciplinary Board
David Clark, Bar Counsel
Kimberly K. Farmer, Executive Director, State Bar of Nevada
William B. Terry, Chartered
Perry Thompson, Admissions Office, United States Supreme Court
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