admitted to practice in 2011, also failed to complete his required TIP
mentoring program or pay his 2012 bar dues.' Pilkington did not respond
to the complaint against him and did not appear at the disciplinary panel's
hearing on the matter, and the case proceeded on a default basis. 2 The
panel recommended that Pilkington be suspended from the practice of law
for five years and one day, that he be required to pay restitution to the
client whose divorce paperwork he never filed, and that he be required to
pay the costs of the disciplinary proceedings. 3
This court's automatic review of a disciplinary panel's findings
and recommendations is de novo, SCR 105(3)(b); In re Discipline of Stabil:
108 Nev. 629, 633, 837 P.2d 853, 855 (1992), and therefore, while the
panel's recommendations are persuasive, we "must examine the record
anew and exercise independent judgment," In re Discipline of Schaefer,
117 Nev. 496, 515, 25 P.3d 191, 204 (2001). In determining the
appropriate discipline, this court has considered four factors to be
weighed: "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." In re Lerner, 124 Nev. 1232, 1246, 197
P.3d 1067, 1077 (2008).
1 Pilkington is currently administratively suspended from the
practice of law for these failures. He is also on suspension for failing to
comply with CLE requirements.
2 The panel found that the state bar attempted to have Pilkington
personally served with the pleadings regarding the complaint against him.
The process server indicated that he made 11 unsuccessful attempts to
serve Pilkington.
3 The panel's recommendation was by a 4-1 vote; it is not clear what
the dissenting member would recommend.
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Having reviewed the record, we conclude that the panel's
recommendation is appropriate. Accordingly, Pilkington is suspended
from the practice of law in Nevada for five years and one day commencing
from the date of this order. To be reinstated to the practice of law,
Pilkington must successfully petition for reinstatement, SCR 102(2),
successfully complete the bar examination, SCR 116(5), and pay the
restitution set forth above. Pilkington shall pay the costs of the
disciplinary proceedings, excluding bar counsel and staff salaries, within
30 days of receipt of the state bar's bill of costs. The state bar shall comply
with SCR 121.1. 4
It is so ORDERED.
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4 Docket No. 67969 is a petition by bar counsel under SCR 111(4)
informing this court that Pilkington was convicted of one count of DUI,
first offense, and that Pilkington failed to inform the stateS bar of the
conviction under SCR 111(2). In light of Pilkington's suspension from the
practice of law, we will take no action on the petition in Docket No 67969.
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cc: Chair, Southern Nevada Disciplinary Board
State Bar of Nevada/Las Vegas
Thomas D. Pilkington
Kimberly Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Office, U.S. Supreme Court
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