In Re: Discipline of David Francis ( 2015 )

 onditional guilty plea, Francis agreed to be suspended from the practice
f law for 14 months and to pay the costs of the disciplinary proceedings
up to $150,000.
This court's automatic review of a disciplinary panel's findings
and recommendations is de novo. SCR 105(3)(b); In re Discipline of Stuhff,
108 Nev. 629, 633, 837 P.2d 853, 855 (1992). "Although the
recommendations of the disciplinary panel are persuasive, this court is not
bound by the panel's findings and recommendation, and must examine the
record anew and exercise independent judgment." In re Discipline of
Schaefer, 117 Nev. 496, 515, 25 P.3d 191, 204 (2001). The State Bar has
the burden of showing by clear and convincing evidence that Francis
committed the violations charged. In re Discipline of Drakulich, 111 Nev.
1556, 1566, 908 P.2d 709, 715 (1995).
We conclude that clear and convincing evidence supports the
panel's findings that Francis violated RPC 1.1 (competence), RPC 1.3
(diligence), and RPC 1.4 (communication), but we disagree that the three-
month suspension is sufficient considering Francis' conduct while
representing his client, Mark Vance. Furthermore, having reviewed the
record of the disciplinary proceedings, we cannot approve the conditional
guilty plea agreement and the 14-month suspension. See SCR 113(1).
Although we could determine the appropriate discipline in the first
instance on the Vance matter, because the disciplinary panel considered
these matters together, we decline to do so. Accordingly, we remand this
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.latter to the Southern Nevada Disciplinary Board for further
roceeclings. 2
It is so ORDERED.
i te--"C"-• -0-4-av ' CA.
Hardesty
aA54. a-S261" V4-Z ,J.
Parraguirre Douglas_
J.
Saitta
Gibbons Pickering
cc: Jeffrey Posin, Chair, Southern Nevada Disciplinary Board
Stan Hunterton, Bar Counsel, State Bar of Nevada
Pitaro & Fumo, Chtd.
Kimberly K. Farmer, Executive Director, State Bar of Nevada
2This is our final disposition of this matter. Any further proceedings
involving Francis shall be docketed as a new matter.
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