complaint admitted, and the hearing proceeded on a default basis. See
SCR 105(2).
The hearing panel found, by clear and convincing evidence,
that Tambolini violated RPC 1.1 (competence), RPC 1.3 (diligence), RPC
1.4 (communication), RPC 1.15 (safekeeping property), RPC 5.5
(unauthorized practice of law), RPC 8.1 (bar admission and disciplinary
matters) (two violations), and RPC 8.4 (misconduct) (two violations). The
panel recommended that Tambolini be suspended for six months and one
day and that he pay the costs of the disciplinary proceedings.
This court's automatic review of a disciplinary panel's findings
and recommendations is de novo. SCR 105(3)(b); In re Stuhff, 108 Nev.
629, 633, 837 P.2d 853, 855 (1992). "Although the recommendations of the
disciplinary panel are persuasive, this court is not bound by the panel's
findings and recommendation, and must examine the record anew and
exercise independent judgment." In re Discipline of Schaefer, 117 Nev.
496, 515, 25 P.3d 191, 204 (2001).
Having reviewed the record, we conclude that clear and
convincing evidence supports the panel's findings that Tambolini
committed the violations alleged. See SCR 105(2)(f). Although we approve
the panel's recommendation that Tambolini be suspended, we determine
that a two-year suspension is more appropriately tailored to Tambolini's
misconduct.
Accordingly, attorney Walter Tambolini is hereby suspended
from the practice of law in Nevada for two years.' Tambolini shall pay the
iTambolini is currently suspended for failure to meet his CLE
requirements. See In re Application of the Bd. of Continuing Legal Educ.,
continued on next page . . .
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costs of the disciplinary proceeding, excluding bar counsel and staff
salaries, within 30 days of receipt of a bill of costs from the State Bar. See
SCR 120. Upon any attempted reinstatement, Tambolini shall comply
with SCR 116. See SCR 1160). Additionally, Tambolini shall comply with
SCR 115 and the State Bar shall comply with SCR 121.1.
It is so ORDETR1
C.J.
Gibbons
, J. , J.
Pickering Hardesty
\-1
Cherry
klut Saitta
CC: Jeffrey Albregts, Chair, Southern Nevada Disciplinary Board
David A. Clark, Bar Counsel
Walter P. Tambolini
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Office, U.S. Supreme Court
• . continued
Docket No. 61517 (Order Dismissing Petition as to Certain Respondent
Attorneys and Granting Petition as to Certain Respondent Attorneys,
December 28, 2012). Accordingly, the suspension imposed in the instant
matter will not commence until after Tambolini resolves his CLE
suspension. See SCR 213.
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