review the record de novo. SCR 105(3)(b); In re Stuhff, 108 Nev. 629, 633,
837 P.2d 853, 855 (1992). To support imposing discipline, the panel's
findings must be supported by clear and convincing evidence. In re
Drakulich, 111 Nev. 1556, 1566, 908 P.2d 709, 715 (1995). In determining
the proper disciplinary sanction, we consider four factors: (1) the duties
violated, (2) the lawyer's mental state, (3) the potential or actual injury
caused by the lawyer's misconduct, and (4) the existence of aggravating or
mitigating circumstances, In re Lerner, 124 Nev. 1232, 1246, 197 P.3d
1067, 1077 (2008). Neither party has filed an opening brief, and this
matter will accordingly be decided on the record without briefing or oral
argument. SCR 105(3)(b).
After reviewing the record, we conclude that clear and
convincing evidence supports the panel's findings concerning Floyd's
misconduct. In particular, the record demonstrates that Floyd failed to (1)
properly deposit client funds into her client trust account, (2) file her
client's petition for bankruptcy, (3) timely file an answer to the State Bar's
complaint or provide documents for these proceedings as ordered by the
panel, (4) respond to correspondence from the State Bar, (5) timely pay
restitution to her client as ordered by the panel, (6) timely pay costs of the
disciplinary proceeding as ordered by the panel, (7) provide timely proof of
completion of the CLE requirements imposed by the panel, (8) appear at a
hearing in the course of these proceedings, and (9) provide good cause for
her noncompliance with panel orders.
We conclude that a three-month suspension is appropriate in
light of both the aggravating factors (Floyd's pattern of misconduct,
multiple offenses, bad-faith obstruction of the disciplinary proceeding by
intentionally failing to comply with orders, and indifference to making
restitution) and the mitigating factors (the lack of prior public discipline,
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Floyd's serious illness, and the existence of personal or emotional
problems) identified by the panel. SCR 102.5. Accordingly, we suspend
Floyd from the practice of law for three months beginning on the date of
this order and subject to the following conditions. Floyd shall: (1) have a
mentor throughout the suspension period and for a period of one year
thereafter, and this mentor shall file a report with the State Bar every
three months; (2) retake and pass the Multistate Professional
Responsibility Exam within one year from the date of this order, and; (3)
complete, within three months from the date of this order, ten hours of
continuing legal education in law office management in addition to her
annual requirements, providing proof of such attendance to the State Bar.
Floyd shall pay the costs of the disciplinary proceedings within 30 days of
receipt of the State Bar's bill of costs. SCR 120(1).
It is so ORDERED.
, C.J.
Pickering Hardesty
Parraguirre
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SAITTA, J., with whom DOUGLAS, J., joins, concurring in part and
dissenting in part:
While I concur with the majority in concluding that clear and
convincing evidence supports the panel's findings concerning Floyd's
misconduct, I dissent from the discipline imposed. Floyd's conduct here
violates several rules of professional conduct, including those governing
competence, safekeeping property, fairness, obligations to a tribunal,
disciplinary matters, and conduct concerning the administration of justice.
I believe more severe discipline is appropriate based on this extensive
misconduct. Thus, I would impose a two-year suspension from the
practice of law, with one year of that suspension stayed during which I
would require Floyd to submit quarterly reports to the State Bar and
complete the other conditions imposed as a result of her professional
conduct violations.
Saitta
I concur:
J.
Douglas I
cc: Jeffrey It Albregts, Chair, Southern Nevada Disciplinary Panel
David A. Clark, Bar Counsel
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Shannon L. Floyd
Perry Thompson, Admissions Office, United States Supreme Court
State Bar of Nevada/Las Vegas
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