In Re: Discipline of Allen Gibson ( 2015 )

 respond to the complaint or appear for the formal hearing.' SCR 105(2).
The issue for this court is whether the recommended discipline is
sufficient. 2
The purpose of attorney discipline is to protect the public, the
courts, and the legal profession, not to punish the attorney. State Bar of
Neu. u. Claiborne, 104 Nev. 115, 213, 756 P.2d 464, 527-28 (1988). In
determining the appropriate discipline, this court has considered four
factors to be weighed: "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).
Having considered the record and the factors for imposing
discipline, we approve the recommendation. We hereby suspend Gibson
from the practice of law in Nevada• for a period of six months and one day
commencing from the date of this order. 2 Also, Gibson shall pay the costs
'The panel found that the State Bar failed to establish by clear and
convincing evidence that Gibson had violated RPC 5.3 (responsibilities
regarding nonlawyer assistants) and RPC 5.5 (unauthorized practice of
law) on the basis that the allegations in the complaint were not sufficient
to establish those violations on a default basis.
Gibson has not filed an opening brief in this court. This matter
2
therefore stands submitted for decision based on the record. SCR
105(3)(b).
3 Based
on the length of the suspension, Gibson will be required to
comply with SCR 116 and petition for reinstatement. SCR 116(1), (2).
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of the disciplinary proceeding (excluding bar counsel and staff salaries)
within 30 days of receipt of the State Bar's bill of costs. See SCR 120.
Gibson shall comply with SCR 115, and the State Bar shall comply with
SCR 121.1.
It is so ORDERED.
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Parraguirre
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Gibbons
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Pickering
cc: Chair, Northern Nevada Disciplinary Board
Allen D. Gibson
Stan Hunterton, Bar Counsel, State Bar of Nevada
Kimberly Farmer, Executive Director, State Bar of Nevada
Perry Thompson, U.S. Supreme Court Admissions Office
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