In Re: Discipline of Walter Tambolini ( 2014 )


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  •                 complaint admitted, and the hearing proceeded on a default basis.          See
    SCR 105(2).
    The hearing panel found, by clear and convincing evidence,
    that Tambolini violated RPC 1.1 (competence), RPC 1.3 (diligence), RPC
    1.4 (communication), RPC 1.15 (safekeeping property), RPC 5.5
    (unauthorized practice of law), RPC 8.1 (bar admission and disciplinary
    matters) (two violations), and RPC 8.4 (misconduct) (two violations). The
    panel recommended that Tambolini be suspended for six months and one
    day and that he pay the costs of the disciplinary proceedings.
    This court's automatic review of a disciplinary panel's findings
    and recommendations is de novo. SCR 105(3)(b); In re 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).
    Having reviewed the record, we conclude that clear and
    convincing evidence supports the panel's findings that Tambolini
    committed the violations alleged. See SCR 105(2)(f). Although we approve
    the panel's recommendation that Tambolini be suspended, we determine
    that a two-year suspension is more appropriately tailored to Tambolini's
    misconduct.
    Accordingly, attorney Walter Tambolini is hereby suspended
    from the practice of law in Nevada for two years.' Tambolini shall pay the
    iTambolini is currently suspended for failure to meet his CLE
    requirements. See In re Application of the Bd. of Continuing Legal Educ.,
    continued on next page . . .
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    costs of the disciplinary proceeding, excluding bar counsel and staff
    salaries, within 30 days of receipt of a bill of costs from the State Bar.     See
    SCR 120. Upon any attempted reinstatement, Tambolini shall comply
    with SCR 116. See SCR 1160). Additionally, Tambolini shall comply with
    SCR 115 and the State Bar shall comply with SCR 121.1.
    It is so ORDETR1
    C.J.
    Gibbons
    , J.                                         , J.
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    \-1
    Cherry
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    CC:   Jeffrey Albregts, Chair, Southern Nevada Disciplinary Board
    David A. Clark, Bar Counsel
    Walter P. Tambolini
    Kimberly K. Farmer, Executive Director, State Bar of Nevada
    Perry Thompson, Admissions Office, U.S. Supreme Court
    • . continued
    Docket No. 61517 (Order Dismissing Petition as to Certain Respondent
    Attorneys and Granting Petition as to Certain Respondent Attorneys,
    December 28, 2012). Accordingly, the suspension imposed in the instant
    matter will not commence until after Tambolini resolves his CLE
    suspension. See SCR 213.
    SUPREME COURT
    OF
    NEVADA
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Document Info

Docket Number: 65226

Filed Date: 9/24/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014