In Re: Discipline of Lynn Shoen ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
IN THE MATTER OF DISCIPLINE OF No. 69697
LYNN R. SHOEN, BAR NO. 1197.
FILED
APR 2 2 2016
TR/COE K. LINDEMAN
BCyL4
HI DEPa
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 Lynn R. Shoen.
Under the agreement, Shoen admitted to over 40 violations including RPC
1.3 (diligence), RPC 1.4 (communication), RPC 1.8 (conflict of interest:
current clients: specific rules), RPC 1.15 (safekeeping property), RPC 3.4
(fairness to opposing party and counsel), RPC 8.1(a) (bar admission and
disciplinary matters), and RPC 8.4 (misconduct).
The agreement provides for a four-year and six-month
suspension beginning retroactively on April 24, 2014, when this court
temporarily suspended Shoen from the practice of law, and the payment of
$25,100 in restitution to be made in monthly payments and to be paid in
full within one year of this court's approval of the guilty plea. During the
remaining term of Shoen's suspension, she is required to take 6 CLE
classes per year until she is reinstated and she must pass the MPRE
examination within 6 months of applying for reinstatement. Further,
upon Shoen's reinstatement, she will be prohibited from maintaining her
own practice, must work under the supervision of another attorney with at
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least 15 years of experience, and may never be a signatory to or have any
access to any trust account, client or third-party funds of any kind,
regardless of their characterization such as a "flat-fee." Additionally, the
agreement requires Shoen to pay the costs of all the disciplinary
proceedings.
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 four-year and six-month suspension, the payment of
restitution, and the prohibition on Shoen maintaining her own law
practice or having access to client or third-party funds 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). While Shoen's
misconduct is egregious and her continued misconduct after the first bar
complaint was filed is troublesome, we conclude that the plea agreement's
prohibition on her maintaining her own law practice or having access to
client or third-party funds sufficiently protects the public and the legal
profession.
We hereby impose a four-year and six-month suspension
beginning retroactively on April 24, 2014. Further, Shoen shall pay
$25,100 in restitution as outlined in the plea agreement, to be made in
monthly payments and paid in full within one year of the date of this
order. The payment of restitution is a condition precedent to the
submittal of an application for reinstatement. Shoen must take 6 CLE
classes per year until she is reinstated and she must pass the MPRE
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examination within 6 months of applying for reinstatement. Further,
upon Shoen's reinstatement, she is prohibited from maintaining her own
practice and must work under the supervision of another attorney who has
at least 15 years of experience. Shoen is also prohibited from being a
signatory to or having any access to any trust account or client or third-
party funds of any kind, regardless of the characterization of those funds,
such as "flat-fee." Additionally, Shoen must pay the costs of all the
disciplinary proceedings, excluding Bar Counsel and staff salaries, within
180 days of receipt of a billingS from the State Bar. See SCR 120. The
parties shall comply with SCR 115 and SCR 121.1.
It is so ORDERED.
IN
((WI C. J.
Parraguirre
j.
H rty
iitta
Cher Saitta
Piekuti J.
Gibbons Pickering
cc: Chair, Southern Nevada Disciplinary Board
Marquis Aurbach Coffing
C Stanley Hunterton, Bar Counsel, State Bar of Nevada
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Officer, United States Supreme Court
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