IN THE SUPREME COURT OF THE STATE OF NEVADA
IN THE MATTER OF DISCIPLINE OF No. 85118
DERRICK S. PENNEY, BAR NO. 8606
OCT 1 0 202
EL
CLE
BY
ORDER OF SUSPENSION EF EPuTy CAEN(
This is an automatic review of a Southern N vada Disciplinary
Board hearing panel's recommendation that this court approve, pursuant
to SCR 113(1), a conditional guilty plea agreement in exchange for a stated
form of discipline for attorney Derrick S. Penney. Under this agreement,
Penney admitted to violating RPC 1.3 (diligence); RPC 1.4(a)
(communication); RPC 1.15(a), (c) (safekeeping property); and RPC 8.1
(disciplinary matters). He agreed to a six-month-and-one-day suspension,
to run concurrent to his six-month suspension in In re Discipline of Penney,
No. 84201, 2022 WL 1302176 (Nev. Apr. 29, 2022) (Order of Suspension), to
submit to binding fee arbitration as to one client, and to the payment of
costs.
Penney admitted to the facts and violations as part of his guilty
plea agreement. Thus, the record establishes that Penney violated the
above-listed rules by failing to diligently litigate his client's postconviction
actions in both federal and state court, by failing to communicate with the
client, and by not placing the client's attorney fees deposit into his trust
account. He also did not provide the information requested by the State Bar
during its investigation. The issue for this court is whether the agreed-upon
discipline is sufficient to protect the public, the courts, and the legal
profession. See State Bar of Neu. v. Claiborne, 104 Nev. 115, 213, 756 P.2d
SUPREME COURT
OF
NEVADA
27- 307/3
(0) 1947A
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 Discipline of Lerner, 124 Nev. 1232, 1246, 197 P.3d 1067,
1077 (2008).
Penney admitted to knowingly engaging in conduct that
violated duties owed to his client, who was harmed by the delay in the
handling of his case. Penney's actions also violated duties owed to the legal
profession and legal system, with minor injury resulting from his failure to
fully participate in the Bar's investigation. The baseline sanction before
considering aggravating or mitigating factors is suspension. See Standards
for Imposing Lawyer Sanctions, Compendium of Professional Responsibility
Rules and Standards, Standard 4.42 (Am. Bar Ass'n 2018) (providing that
suspension is appropriate when "a lawyer knowingly fails to perform
services for a client and causes serious or potentially serious injury to a
client"); Standard 4.12 (providing that suspension is appropriate when "a
lawyer knows or should know he is dealing improperly with client property
and causes injury or potential injury to a cliene), and Standard 7.2
(Suspension is generally appropriate when a lawyer knowingly engages in
conduct that is a violation of a duty owed as a professional and causes injury
or potential injury to a client, the public, or the legal system."). The record
supports the panel's finding of three aggravating factors (prior disciplinary
offenses, multiple offenses, and substantial experience in the practice of
law) and two mitigating factors (cooperative attitude toward the
proceedings and substantial recent personal life changes). Considering all
four factors, we conclude that the agreed-upon discipline is appropriate.
SUPREME COUFFr
OF
NEVADA
2
)(» 1)47A 441SiNa,
Accordingly, we hereby suspend attorney Derrick S. Penney
from the practice of law for six months and one day, to run concurrently
with his suspension in Docket No. 84201. Penney shall also submit to
binding fee dispute arbitration regarding his client's deposit. Finally,
Penney shall pay the costs of the disciplinary proceedings, including $2,500
under SCR 120, within 30 days from the date of this order. The parties
shall comply with SCR 115 and SCR 121.1.
It is so ORDERED.'
, C.J.
Parraguirre
J. A-t_ct-c7 J.
Hardesty Stiglich
Cadish
Cae,,Y , J.
Pickering
Herndon
cc: Chair, Southern Nevada Disciplinary Board
Derrick S. Penney
Bar Counsel, State Bar of Nevada
Executive Director, State Bar of Nevada
Admissions Office, U.S. Supreme Court
1The Honorable Abbi Silver having retired, this matter was decided
by a six-justice court.
SUPREME COURT
OF
NEVADA
3
(o) 19,0A