Miller while Miller was incarcerated. Dow set forth a scenario in which
Miller was to arrange for the transfer of an acquaintance to the jail and
stage a jailhouse fight between the acquaintance and a guard. Miller
would then intervene and assist the guard. The purpose of this plan was
to secure an early release for Miller, as in the previous incident. Dow and
Miller did not discuss the scheme in any of their later conversations and
no action was taken toward implementing any part of it.
A hearing panel of the Northern Nevada Disciplinary Board
determined that Dow had violated RPC 1.2(d) and RPC 8.4(a)-(d). The
panel considered aggravating and mitigating factors and found that, in
aggravation, Dow had acted with a dishonest and selfish motive and had
not acknowledged that her conduct was wrongful. Dow's lack of a prior
disciplinary record and relative inexperience in the practice of law were
found to be mitigating circumstances.
The panel recommended that Dow be suspended for two years,
with the following conditions: Dow must take and pass the Multistate
Professional Responsibility Exam (MPRE) before applying for
reinstatement; Dow must demonstrate to Bar counsel that she has notified
her employer and all clients of her suspension within three days of the
effective date of the suspension order; Dow must wind up her practice
within 15 days of the suspension order, placing her clients with other
counsel or concluding representation; and Dow must pay the costs of the
instant disciplinary proceeding. 2
2 Thepanel also recommended that if reinstated, Dow must enter
into a mentoring agreement with a State-Bar-approved mentor, to
continue for one year with the mentor making quarterly reports to the
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Having reviewed the record, we conclude that clear and
convincing evidence supports the panel's finding that Dow violated RPC
1.2(d) and RPC 8.4(a), (c), and (d). We further conclude that clear and
convincing evidence does not support a finding that Dow's conduct falls
within the ambit of RPC 8.4(b), which states that it is misconduct for an
attorney to "commit a criminal act that reflects adversely on the lawyer's
honesty, trustworthiness or fitness as a lawyer in other respects." See
SCR 105(2)(0, This conclusion is supported by both the U.S. attorney and
the FBI hearing the conversation at issue and declining to prosecute the
matter.
We therefore approve the panel's recommendation that Dow
be suspended. However, due to the isolated nature of the incident, which
Dow and Miller did not discuss in later conversations, the lack of any
action taken to implement the plan, and the lack of client harm, we
conclude that an actual suspension of six months and one day, with a two-
year stayed suspension, during which Dow shall make quarterly reports to
the State Bar, is more appropriately tailored to Dow's misconduct. A
suspension of this length will require Dow to petition for reinstatement.
SCR 116. The two-year stayed suspension shall become active upon any
further misconduct. We approve the additional reinstatement conditions
recommended by the hearing panel.
. . . continued
State Bar, and Dow is prohibited from allowing Miller to access her law
office, client files, and trust accounts. While these conditions appear
reasonable, such conditions are more appropriately considered as part of a
reinstatement proceeding, and thus we decline to impose them now.
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Accordingly, Emily Dow is hereby suspended from the practice
of law for six months and oneS day, with a two-year stayed suspension that
shall become active upon any misconduct other than a minor traffic
violation. Dow shall comply with the conditions approved above. Dow is
ordered to pay the costs of the disciplinary proceedings. SCR 120. Dow
shall comply with SCR 115. The State Bar shall comply with SCR 121.1.
It is so ORDERED.
, C.J.
/ J.
Hardesty
Parraguirre Douglas
CSA
J. J.
Saitta
cc: David A. Clark, Bar Counsel
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Lemons, Grundy & Eisenberg
J. Thomas Susich, Chair, Northern Nevada Disciplinary Board
Perry Thompson, U.S. Supreme Court Admissions Office
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