In Re: Discipline of Andrew Taylor ( 2015 )

 bar counsel updating his place of employment, areas of practice, caseload,
restitution payments, and any issues that may have developed; (5) take
and pass the Multistate Professional Responsibility Exam (MPRE) within
one year after the plea is approved; and (6) pay the actual costs of the
disciplinary proceedings, excluding bar counsel and staff salaries.
Considering the duties violated, Taylor's mental state, the
injury caused by Taylor's misconduct, the aggravating factors (dishonest
or selfish motive, a pattern of misconduct, multiple offenses, vulnerability
of the victim, and substantial experience in the law), and mitigating
factors (absence of prior disciplinary record, timely good faith effort to
make restitution or rectify consequences, full and free disclosure to
disciplinary authority or cooperative attitude, delay in disciplinary
proceedings in relation to the misconduct, and remorse), see In re
Discipline of Lerner, 124 Nev. 1232, 1246, 197 P.3d 1067, 1077 (2008), the
agreed-upon discipline recommended by the hearing panel is sufficient to
serve the purpose of attorney discipline State Bar of Nev. 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 therefore conclude that
the guilty plea agreement should be approved. See SCR 113(1).
We hereby impose an 18-month stayed suspension, a 120-day
actual suspension, and a 2-year probationary period commencing from the
date of this order. Taylor must comply with all of the conditions in the
plea agreement, as outlined above, and shall pay the costs of the
disciplinary proceedings, excluding bar counsel and staff salaries, within
30 days from the date of this order. The parties shall comply with the
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relevant provisions of SCR 115 and 121.1
It is so ORDERED.
, C.J.
J.
Parraguirre
Che
Gibbons
1/4
N-g- 6)
DOUGLAS, SAITTA, and PICKERING, JJ., dissenting:
We would reject the conditional guilty plea agreement because
the agreed-upon discipline is not sufficient. In our view, an actual
suspension of at least six months is appropriate considering the relevant
factors.
J.
Douglas
Saitta
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cc: Chair, Southern Nevada Disciplinary Board
Lipson Neilson Cole Seltzer & Garin, P.C.
Stan Hunterton, Bar Counsel, State Bar of Nevada
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Office, United States Supreme Court
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(0) I.947A 4g4.