including trust account management and the calendaring of hearings, and
implement any recommendations made by the mentor that are approved
by the State Bar; (2) Michaelides must complete six CLE credits in law
office management during the first year of his probation;' (3) Michaelides
must not receive any grievances for conduct that occurs during the
probation period that results in the imposition of discipline; and (4) he
must pay the actual costs of the disciplinary proceeding (excluding bar
counsel and staff salaries) within 30 days of receipt of a billing from the
State Bar, or on a payment plan approved by the State Bar. The
disciplinary panel accepted the agreed-upon discipline but with two
additional conditions of probation: (5) Michaelides must pay any damages
incurred by his clients in the matters in which he represented them that
were caused by his misconduct and agree to binding arbitration to resolve
any dispute about the amount of any such damages and (6) he must
continue to receive substance abuse treatment from Dr. Levy and/or any
other substance abuse professional, as agreed to by the State Bar, and
provide quarterly reports of his attendance to the State Bar as long as he
is on probation. Bar counsel and Michaelides verbally agreed to these
additional conditions of probation.
Based on our review of the record, we conclude that agreed-
upon discipline is insufficient in relation to Michaelides conduct. We
therefore reject the conditional guilty plea agreement and remand this
1 Thesecredits are in addition to the annual CLE credits required
under the SCR.
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(0) 1947A Ae.
matter to the Southern Nevada Disciplinary Board for further
proceedings.
It is so ORDERED. 2
Hardesty
J.
Douglas
J.
PARRAGUIRRE and GIBBONS, JJ., dissenting:
We conclude that the guilty plea agreement should be
approved and therefore dissent.
Gibbons
2 The Honorables Michael A. Cherry and Kristina Pickering,
Justices, voluntarily recused themselves from participation in the decision
of this matter.
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(0) 1947A (71146P41,7
cc: Chair, Southern Nevada Disciplinary Panel
Pitaro & Fumo, Chtd.
Bar Counsel, State Bar of Nevada
Kimberly Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Office, U.S. Supreme Court
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(0) I947A et,