IN THE SUPREME COURT OF THE STATE OF NEVADA
IN THE MATTER OF DISCIPLINE OF No. 83817
ELAINE A. DOWLING, BAR NO. 8051.
FILED
JAN 1 4 2022
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 Elaine A. Dowling. Under the agTeement,
Dowling admitted to violating RPC 1.7(a) (conflict of interest: current
clients), RPC 1.8(h)(1) (conflict of interest: current clients: specific rules),
RPC 2.4 (lawyer serving as a third-party neutral), RPC 4.1 (truthfulness in
statements to others), and RPC 8.4(c) (misconduct). She agreed to a six-
month suspension stayed during a two-year probationary period with
conditions.
Dowling has admitted to the facts and violations as part of her
guilty plea agreement. The record therefore establishes that she violated
the above-cited rules by failing to disclose she was not a third-party neutral
when acting as an escrow agent for a transaction between her client and an
unrepresented non-client, by failing to timely inform the non-client to seek
independent counsel, by limiting her liability in the escrow agreement, and
by passing along incorrect information in response to the non-client's
request for assurances that Dowling's client would fulfill the underlying
contract.
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The issue for this court is whether the agreed-upon discipline
sufficiently protects the public, the courts, and the legal profession. See
State Bar of Nev. v. Claiborne, 104 Nev. 115, 213, 756 P.2d 464, 527-28
(1988) (explaining the purpose of attorney discipline). In determining the
appropriate discipline, we weigh four factors: "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
Di.scipline of Lerner, 124 Nev. 1232, 1246, 197 P.3d 1067, 1077 (2008).
Dowling admitted that she knowingly violated duties owed to
the public and to the profession. The non-client suffered injury by Dowling
not advising it to seek independent counsel before entering into the escrow
agreement, which allowed for immediate payment of the funds placed in
escrow to Dowling's client and purported to limit Dowling's liability. The
baseline sanction for such misconduct, before considering aggravating or
mitigating circumstances, is suspension. Standards for Imposing Lawyer
Sanctions, Compendium of Professional Responsibility Rules and
Standards, Standard 4.32 (Am. Bar Ass'n 2018) (providing that suspension
is appropriate "when a lawyer knows of a conflict of interest and does not
fully disclose to a client the possible effect of that conflict, and causes injury
or potential injury to a client"). The record supports the panel's findings of
one aggravating circumstance (substantial experience in the practice of law)
and one mitigating circumstance (absence of selfish or dishonest motive).
Considering all four factors, we conclude that the agreed-upon discipline is
appropriate.
Accordingly, we hereby suspend Elaine A. Dowling for six
months, stayed during a two-year probationary period subject to the
following conditions: Dowling participate in a legal practice mentoring
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program; she participate in a Nevada Lawyer Assistance Program
evaluation and all recommended folloW-up; she take eight additional CLE
credits in law practice management, one of which must be on the topic of
engagement agreements; she cease all business relationships with former
Nevada attorney Shawn Hackman; and she not engage in any conduct that
results in a letter of reprimand or more severe discipline. Dowling shall
also pay the costs of the disciplinary proceedings, including $2,500 under
SCR 120, within 30 days from the date of this order, if she has not done so
already. The State Bar shall comply with SCR 121.1.
It is so ORDERED.
4:24.,M.Stylmomm,C.J.
Parraguirre
17- J.
Hardesty
J.
cc: Chair, Southern Nevada Disciplinary Board
Pitaro & Fumo, Chtd.
Bar Counsel, State Bar of Nevada
Executive Director, State Bar of Nevada
Perry Thompson, Admissions Office, U.S. Supreme Court
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