IN THE SUPREME COURT OF THE STATE OF NEVADA
IN THE MATTER OF DISCIPLINE OF No. 69438
FILED
EFREM A. ROSENFELD, BAR NO. MAR 2 5 2016
5110. TRACI K. LINDEMAN
0 Y' ;nu
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 Efrem A. Rosenfeld.
Under the agreement, Rosenfeld admitted to over 200 violations of RPC
1.1 (competence), RPC 1.3 (diligence), RPC 1.4 (communication), RPC 1.5
(fees), RPC 1.8 (conflict of interest: current clients: specific rules), RPC
1.15 (safekeeping property), RPC 1.16 (declining or terminating
representation), RPC 3.2 (expediting litigation), RPC 3.3 (candor toward
the tribunal), RPC 3.4 (fairness to opposing party and counsel), RPC 5.1
(responsibility of partners, managers and supervisory lawyers), RPC 5.3
(responsibility for non-lawyer assistants), RPC 5.5 (unauthorized practice
of law), RPC 8.1 (bar admission and disciplinary matters), and RPC 8.4
(misconduct).
The agreement provides for a 5-year suspension beginning
retroactively on October 30, 2013, and followed by a 2-year probationary
period. The agreement also requires Rosenfeld to pay $171,160.77 in
restitution, which is a condition precedent to his submittal of an
application for reinstatement. Additionally, the agreement requires that
Rosenfeld pay the costs of the disciplinary proceedings, excluding bar
counsel and staff salaries.
SUPREME COURT
OF
NEVADA
I947A ftc- 61-1 R
Based on our review of the record, we conclude that the guilty
plea agreement should be approved. See SCR 113(1). Considering the
duties violated and the aggravating and mitigating circumstances, we
conclude that the 5-year suspension followed by a 2-year probationary
period and the payment of restitution is sufficient to serve the purpose of
attorney discipline. See In re Lerner, 124 Nev. 1232, 1246, 197 P.3d 1067,
1077-78 (2008) (setting forth factors to be considered); State Bar of Nev. v.
Claiborne, 104 Nev. 115, 213, 756 P.2d 464, 527-28 (1988) (explaining
purpose of attorney discipline).
We hereby impose a 5-year suspension beginning retroactively
on October 30, 2013, followed by a 2-year probationary period. Further,
Rosenfeld shall pay $171,160.77 in restitution as outlined in the plea
agreement and his payment of such restitution is a condition precedent to
his submittal of an application for reinstatement. Rosenfeld shall also 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.
p
It is so0 E RED.
fiwiW CLiStrvez..., C.J.
Parraguirr
, J.
Hardesty Douglas
)1\4- , J. (CTAL--
-- , J.
Che Saitta
SUPREME COURT
OF
NEVADA
Gibbons
J.
2
Pit
Pickering 7 'J.
(0) I947A
cc: Chair, Southern Nevada Disciplinary Board
Landis Law Group
State Bar of Nevada/Las Vegas
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Officer, United States Supreme Court
SUPREME COURT
OF
NEVADA
3
(0) 1947A