After a 3-day hearing in the proceeding underlying Docket No.
61176, the panel found that Kent had committed 31 violations of the Rules
of Professional Conduct, including violations of RPC 1.3 (diligence), RPC
1.4 (communication), RPC 1.5 (fees), RPC 1.15 (safekeeping property),
RPC 5.3 (responsibilities regarding nonlawyer assistants), RPC 5.4
(professional independence of a lawyer), and RPC 5.5 (unauthorized
practice of law). The panel recommended that Kent be suspended from
the practice of law for two months, take an additional ten hours of CLE
(five in law office management and five in attorney ethics), pay restitution
totaling $16,740 to six clients no later than five years after the date of the
panel's recommendation, and pay the costs of the proceeding within 30
days of receipt of the bill of costs.
In the proceeding underlying Docket No. 62574, Kent and the
State Bar entered into a conditional guilty plea in exchange for a stated
form of discipline. Kent pleaded guilty to 21 violations of the RPCs,
including violations of RPC 1.3 (diligence), RPC 1.4 (communication), RPC
1.5 (fees), RPC 1.15 (safekeeping property), RPC 3.2 (expediting
litigation), RPC 5.3 (responsibilities regarding nonlawyer assistants), RPC
5.4 (professional independence of a lawyer), and RPC 5.5 (unauthorized
practice of law). The stated form of discipline provides for a two-year
suspension, with that suspension stayed pending compliance with the
conditions that (1) Kent promptly respond to requests from the State Bar,
including requests for bank statements and case lists; and (2) that Kent
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not be the subject of any further public discipline. The panel also
recommended that Kent pay the actual costs of the proceedings, not
including bar counsel and staff salaries, within two years of receipt of the
State Bar's bill of costs, and pay restitution totaling $10,250 to four clients
within two years of the recommendation. The agreement specified that
Kent is to open a bank account and begin making monthly payments of
$500 per month to that account for the purpose of paying restitution and
costs from the account and to submit quarterly statements to the bar
evincing his compliance with this requirement. Kent also agreed not to
file an opening brief in Docket No. 61176.
Having reviewed the record, we conclude that clear and
convincing evidence supports the panel's findings that Kent committed the
violations set forth in Docket No. 61176, SCR 105(2)(f), and that Kent
committed the violations to which he pleaded guilty in Docket No. 62574.
We further conclude that the recommended discipline is appropriately
tailored to the circumstances. We therefore approve the hearing panel
recommendations, with one minor exception noted below. Kent is hereby
disciplined as follows:
• Kent shall be suspended from the practice of law for two
years. Kent shall serve an actual suspension of two months, and the
remainder of the two-year suspension shall be stayed pending Kent's
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compliance with the conditions that he (1) promptly respond to requests
from the State Bar, including requests for bank statements and case lists;
and (2) that he not be the subject of any further public discipline.'
• In addition to the customary annual CLE requirements, if
he has not already done so, within the next two years, Kent shall take an
additional five hours of CLE in law office management and five in attorney
ethics. The State Bar shall have authority to determine which classes
meet these requirements.
• Kent shall pay the costs of the proceedings in Docket No.
61176 within 30 days of receipt of the State Bar's bill of costs; and in
Docket No. 62574, within two years of receipt of the State Bar's bill of
costs.
• Kent shall make restitution in the total amount of $26,990
to ten clients. Specifically, by April 17, 2017, Kent shall pay $16,740 in
restitution to the six clients specified by the panel in Docket No. 61176;
and by December 6, 2014, he shall pay $10,250 to the four clients specified
by the panel in Docket No. 62574. If he has not already done so, within 30
days, Kent must open a bank account into which he pays a minimum of
$500 per month toward restitution and costs, and must submit quarterly
reports to the State Bar showing his compliance with this requirement.
'The agreement between Kent and the State Bar contemplated that
these conditions would expire December 6, 2014, but we conclude that
these conditions are appropriate and shall remain in effect for the entire
term of Kent's suspension.
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Kent shall comply with SCR 115. The state bar shall comply
with SCR 121.1.
It is so ORDERED.'
Gibbons
,t),
Hardesty
2As Kent agreed not to file an opening brief in Docket No. 61176, we
take no action on the parties' stipulation to extend the time to file an
opening brief in that matter.
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IN RE: DISCIPLINE OF JAMES S. KENT Nos. 61176, 62574
DOUGLAS, J., with whom PARRAGUIRRE, J. and SAITTA, J. agree,
dissenting:
I dissent from the decision because I feel the two month
suspension is wholly inadequate for the totality of the misconduct in this
matter. The Rules of Professional Conduct are in place to set a standard
and to protect the public, and Kent failed to abide by these rules. In
failing to abide by the rules and failing to pursue his clients' cases, he
harmed vulnerable members of the public during a time of economic crisis
in this state. Therefore, I dissent from the discipline imposed by the
Majority as I feel the discipline should have been stronger.
\)t144-ft (Ac53 J.
Douglas
I concur:
re-AA
Parraguirre
.
J.
cc: David A. Clark, Bar Counsel
Patrick K. McKnight
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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