The agreed-upon discipline provides for a five-year suspension,
commencing on December 8, 2014, followed by a three-year probationary
period if Sanchez is reinstated to the practice of law. In addition, Sanchez
must comply with the following conditions:
(a) continue his treatment in accordance with Dr.
DiTomasso's recommendations dated November
22, 2014;
(b) obtain and provide bar counsel with an
updated evaluation from his current treating
physician, who must be approved by the State
Bar, every three months during the three-year
probationary period and follow any amended
recommendations contained in the updated
evaluation reports;
(c) abstain from drugs, except as prescribed by his
licensed physician and filled by a local pharmacy; 2
(d) obtain a mentor approved by the State Bar who
is responsible for submitting quarterly reports to
bar counsel during the three-year probationary
period;
. . . continued
56126 (Order of Temporary Suspension, June 23, 2010), and Sanchez has
been suspended from the practice of law since then. He was ordered to
comply with the provisions of SCR 115 at that time, id., and based on the
record currently before this court it appears that he has complied with
that directive.
2 The exception of prescribed medications does not include mind
altering drugs obtained via the Internet or stimulant types of weight
control drugs.
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(e) sign a HIPPA authorization to allow bar
counsel to obtain any medical reports related to
Sanchez's treatment during the three-year
probationary period so that bar counsel can
monitor whether Sanchez is complying with the
terms and conditions of the plea agreement;
(f) submit quarterly reports to bar counsel during
the three-year probationary period regarding all
trust accounts in Sanchez's name or in the name
of any other person on behalf of any of Sanchez's
business entities in which client monies are
placed;
(g) meet with his mentor twice a month to discuss
his calendar, his workload, his stress levels and
how he is managing them, his goals, and any other
issues pertaining to his legal practice;
(h) promptly comply with the State Bar's requests
for information;
(i) not be convicted of any crime with the exception
of minor traffic infractions that do not involve
alcohol or controlled substances;
(j) retake and successfully pass the Nevada State
Bar Examination and MPRE before applying for
reinstatement;
(k) successfully complete a StateS Bar approved
CLE course concerning the proper use and
maintenance of trust accounts;
(1) pay all outstanding legal fees to his counsel
(Rebecca Miller and William Terry);
(m) pay the entire restitution amount 3 or show
detailed proof of a good faith effort to consistently
3 Thepanel's recommendation includes a total restitution amount of
$118,864.18 and includes a breakdown of restitution due by grievance
continued on next page. . .
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comply with the repayment requirement during
the full term of his suspension and, if reinstated to
the practice of law before restitution is paid in full,
pay the remaining amount due during the three-
year probationary period.
Finally, the agreed-upon discipline requires Sanchez to pay the actual
costs of the disciplinary proceeding (excluding Bar Counsel and staff
salaries) within 90 days of receipt of the State Bar's bill of costs or
pursuant to a payment plan approved by the State Bar.
Based on our review of the record, we conclude that the guilty
plea agreement should be approved. See SCR 113(1); see also In re Lerner,
124 Nev. 1232, 1246, 197 P.3d 1067, 1077 (2008) (explaining that four
factors must be weighed in determining the appropriate discipline: "the
duty violated, the lawyer's mental state, the potential or actual injury
caused by the lawyer's misconduct, and the existence of aggravating or
mitigating factors"). We hereby impose a five-year suspension, with the
period of suspension beginning on December 8, 2014. Sanchez shall
comply with all conditions, as outlined above, and shall pay the costs of
. . . continued
number and client. Sanchez, however, has submitted a motion to
supplement the record with a stipulation executed by Sanchez's counsel,
bar counsel, and the panel chair. The stipulation indicates that the total
restitution amount is $101,244.28 and specifies the reduction in
restitution amounts for specific grievances. We direct the clerk of this
court to file the motion received on May 19, 2015, and we grant that
motion and direct the clerk of this court to file the stipulation received on
May 19, 2015.
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the disciplinary proceedings (excluding bar counsel and staff salaries)
within 90 days or as provided in a payment plan approved by the State
Bar. SCR 120. Sanchez shall comply with SCR 115 and 116, and the
State Bar shall comply with SCR 121.1.
It is so ORDERED.
tatt , C.J.
Hardesty
—C2441ACII=Stgair Douglas
J.
■
Saitta
" /.I 0E2
Gibbons Pickering
cc: Chair, Southern Nevada Disciplinary Panel
Cooper Coons Ltd.
Bar Counsel, State Bar of Nevada
Kimberly Farmer, Executive Director, State Bar of Nevada
Perry Thompson, U.S. Supreme Court Admissions Office
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