IN THE SUPREME COURT OF THE STATE OF NEVADA
FILED
'IN THE MATTER OF DISCIPLINE OF No. 69102 JAN 2 2 2016
MARINA KOLIAS, BAR NO. 6383. T CF K. LINDE AN
CL E
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ORDER APPROVING CONDITIONAL GUILTY PLEA AGREEMENT
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 attorney Marina Kolias. Under
the agreement, Kolias admitted to violations of RPC 1.3 (diligence), RPC
1.15 (safekeeping property), RPC 8.1 (bar admission and disciplinary
matters), and RPC 8.4 (misconduct).
Kolias received settlement funds on behalf of a client, made
two disbursements to the client, issued a check to Medicare on behalf of
the client, and retained more than $100,000 of the settlement funds in her
trust account. She failed to respond to inquiries from a lienholder's
counsel regarding payment of a subrogation lien and never paid the lien.
She made no further disbursements of the remaining settlement funds to
the client or on the client's behalf. Several months later, her bank closed
the trust account after writing off a negative balance. After a grievance
had been filed regarding the matter, Kolias failed to respond to multiple
inquiries from the State Bar.'
1 Koliaswas temporarily suspended from the practice of law in
Nevada on July 24, 2013, pending the resolution of disciplinary
proceedings. In re Discipline of Marina Kolias, Docket No. 62783 (Order of
Temporary Suspension, July 24, 2013); see SCR 102(4).
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The misconduct at issue here is similar to and occurred during
the same time as that addressed in another disciplinary matter involving
Kolias. In that matter, we suspended Kolias from the practice of law in
Nevada for five years commencing on October 22, 2015. In re Discipline of
Marina Kolias, Docket No. 67559 (Order of Suspension, October 22, 2015).
The agreement reached in this matter provides for a five-year
suspension concurrent to the suspension imposed in Docket No. 67559 and
requires that Kolias pay the costs of the disciplinary proceedings,
excluding bar counsel and staff salaries. Additionally, Kolias agreed to
the same conditions on reinstatement recommended by the hearing panel
in Docket No. 67559: that Kolias make full restitution to all clients and
the Client Security Fund and that she obtain a psychiatric evaluation
declaring that her gambling addiction is under control and that she does
not pose a threat to the public if allowed to practice law.
Based on our review of the record, we conclude that the guilty
plea agreement should be approved. See SCR 113(1). In particular, we
conclude that the mitigating circumstances (personal and emotional
problems and remorse) outweigh the aggravating circumstances (pattern
of misconduct and substantial experience in the practice of law), see ABA
Standards for Imposing Lawyer Sanctions, Compendium of Prof?
Responsibility Rules and Standards, Standard 4.11 (2015) (indicating
that, absent aggravating or mitigating circumstances, "[d]isbarment is
generally appropriate when a lawyer knowingly converts client property
and causes injury or potential injury to a client"), and that additional
discipline beyond that imposed in Docket No. 67559 is not necessary to
serve the purpose of attorney discipline. See In re Discipline of Lerner, 124
Nev. 1232, 1246, 197 P.3d 1067, 1077 (2008) (identifying four factors that
must be weighed in determining the appropriate discipline: "the duty
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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"); State Bar of Neu. v. Claiborne, 104 Nev. 115, 213, 756 P.2d 464,
527-28 (1988) (observing that the purpose of attorney discipline is to
protect the public, the courts, and the legal profession, not to punish the
attorney).
We hereby impose a five-year suspension to be served
concurrently with the five-year suspension imposed in Docket No. 67559.
Kolias must petition for reinstatement under SCR 116 and, in addition to
successfully completing the State Bar examination as required by SCR
116(5), Kolias must comply with all of the conditions in the plea
agreement, as outlined above, before she will be reinstated to the practice
of law. Kolias 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. The State Bar shall comply with
SCR 121.1.
Parraguirre
145 J.
Dougla
Saitta
Gibbons
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cc: Chair, Southern Nevada Disciplinary Board
Michael J. Warhola, LLC
C. Stanley Hunterton, 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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