IN THE SUPREME COURT OF THE STATE OF NEVADA
IN THE MATTER OF DISCIPLINE OF No. 67958
GEORGE H. HAINES, BAR NO. 9411
AND DAVID H. KRIEGER, BAR NO.
FILED
9086. JAN 0 7 2016
Tk 'E K. LINDEMAN
cuzg - coitm
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BY .
CHEF DEPUR1TIERK
ORDER APPROVING CONDITIONAL GUILTY PLEA AGREEME
This is an automatic review of a Southern Nevada
Disciplinary Board hearing panel's recommendation that this court
approve, pursuant to SCR 113, a conditional guilty plea agreement in
exchange for a stated form of discipline for attorneys George Haines and
David Krieger. Under the agreement, Haines and Krieger admitted to
multiple violations of RPC 1.3 (diligence), RPC 1.4 (communication), RPC
1.5 (fees), RPC 1.16 (declining or terminating representation), RPC 5.3
(responsibilities regarding non-lawyer assistants), RPC 5.5 (unauthorized
practice of law), and RPC 7.1 (communications concerning a lawyer's
services).'
The agreement provides for a three-year stayed suspension.
During the period of the stayed suspension, Haines and Krieger must
adequately disclose and document to any clients of their law firm or real
estate company any actual or potential conflicts of interest and provide
timely and complete responses to all requests by the State Bar pursuant to
RPC 8.1 for any new grievances. Additionally, if a screening panel
'This matter shall stand submitted for decision as of the date of this
order on the briefs and record filed herein. See SCR 113(3).
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determines that Haines or Krieger have engaged in professional
misconduct after the execution of the plea agreement and violated any of
the same rules admitted in the plea agreement, the screening panel shall
vote the matter for formal hearing. Similarly, if a hearing panel makes
findings that Haines or Krieger engaged in professional misconduct after
the execution of the plea agreement and violated any of the same rules
that they admitted in the plea agreement, the hearing panel shall
recommend imposition of the stayed suspension in additional to any other
discipline that may be warranted in the new matter. Finally, Haines and
Krieger agreed to pay restitution in specific amounts to clients identified
in the plea agreement and to pay the actual costs of the disciplinary
proceeding, excluding bar counsel and staff salaries.
Based on our review of the record, we conclude that the guilty
plea agreement should be approved. See SCR 113(1). Although there are
a significant number of violations at issue, considering the hearing panel's
and bar counsel's observations regarding Haines' and Krieger's mental
states (that they did not act with intent) and the steps that Haines and
Krieger have taken to change their practice to better address the diligence
and communication concerns and adequately convey the nature of the
services provided by their different business entities, see In re Discipline of
Lerner, 124 Nev. 1232, 1246, 197 P.3d 1067, 1077 (2008) (explaining that
four factors must be weighed in determining attorney 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 conclude that the agreed-upon discipline is sufficient to serve
the purpose of attorney discipline, see State Bar of Neu. a. Claiborne, 104
Nev. 115, 213, 756 P.2d 464, 527-28 (1988) (observing that the purpose of
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attorney discipline is to protect the public, the courts, and the legal
profession, not to punish the attorney).
We hereby impose a three-year stayed suspension of Haines
and Krieger to commence from the date of this order. Additionally, Haines
and Krieger must comply with all of the conditions in the plea agreement,
as outlined above, shall pay restitution as set forth in the plea agreement,
and 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. See SCR 120.
It is so ORDERED.
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Parraguirre
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Hardesty
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Douglas
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Gibbons
cc: Chair, Southern Nevada Disciplinary Panel
Bailey Kennedy
C. Stanley Hunterton, Bar Counsel, State Bar of Nevada
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Office, U.S. Supreme Court
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