IN THE SUPREME COURT OF THE STATE OF NEVADA
IN THE MATTER OF DISCIPLINE OF No. 69439
RICHARD C. SIPAN, BAR NO. 3155.
FILED
FEB 1 9 2016
CHIEr DERWIN CLER
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 Richard C. Sipan.
Under the conditional guilty plea agreement, Sipan admits to
a total of 136 violations of the Rules of Professional Conduct stemming
from 15 grievances: RPC 1.3 (diligence) (15 violations); RPC 1.4
(communication) (15 violations); RPC 1.5 (fees) (15 violations); RPC 1.15
(safekeeping property) (15 violations); RPC 5.3 (responsibilities regarding
non-lawyer assistants) (15 violations); RPC 5.4 (professional independence
of a lawyer) (15 violations); RPC 5.5 (unauthorized practice of law) (15
violations); RPC 7.1(b) (communications concerning a lawyer's services)
(15 violations); RPC 8.1(b) (bar admission and disciplinary matters) (1
violation); and RPC 8.4 (misconduct) (15 violations). The admitted
violations stem from Sipan's involvement with a business enterprise that
advertised nationally as a law firm specializing in real estate law but was
a telemarketing operation that used a deceptive mailer, designed to look
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like a bank or government notice, to entice consumers to call and receive a
promised restructure loan and Sipan's lack of supervision or control over
non-lawyer employees and client money, resulting in significant harm to
clients.
The stated form of discipline in the conditional guilty plea
agreement provides for a four-year suspension, retroactive to January 6,
2015, and for Sipan to pay the costs of the disciplinary proceeding,
excluding Bar Counsel and staff salaries, within 90 days of receipt of a
billing from the State Bar. The agreed-upon discipline takes into account
five aggravating factors (dishonest or selfish motive, pattern of
misconduct, multiple offenses, vulnerability of victim, and substantial
experience in the practice of law) and four mitigating factors (absence of
prior disciplinary record, personal or emotional problems, cooperative
attitude toward proceeding, and character or reputation).
Based on our review of the record, we conclude that the
agreed-upon discipline is sufficient in relation to Sipan's admitted conduct
and is appropriate. See In re Discipline of Lerner, 124 Nev. 1232, 1246,
197 P.3d 1067, 1077 (2008) (explaining that in determining the
appropriate discipline, four factors must 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"); State Bar of Nev v. Claiborne, 104 Nev. 115, 213, 756 P.2d 464,
527-28 (1988) (explaining that the purpose of attorney discipline is to
protect the public, the courts, and the legal profession, not to punish the
attorney). We therefore conclude that the guilty plea agreement should be
approved. See SCR 113(1). We hereby impose a four-year suspension,
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retroactive to January 6, 2015. Additionally, Sipan shall pay the costs of
the disciplinary proceedings, excluding Bar Counsel and staff salaries,
within 90 days of receipt of the State Bar's bill of costs. See SCR 120. The
parties shall comply with SCR 115 and SCR 121.1.
It is so ORDERED.
C.J.
Parraguirre
tc..,
Douglas
( AL —
S aitta
J.
Gibbons
cc: Chair, Southern Nevada Disciplinary Board
Richard C. Sipan
C. Stanley Hunterton, Bar Counsel, State Bar of Nevada
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Perry Thompson, U.S. Supreme Court Admissions Office
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MigigirS
In Re: Discipline of Richard Sipan
Combined Opinion