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panel found a total of 35 violations of the Rules of Professional Conduct, specifically: three violations of RPC 1.1 (competence), two violations of RPC 1.3 (diligence), two violations of RPC 1.4 (communication), two violations of RPC 1.5 (fees), two violations of RPC 1.15 (safekeeping property), one violation of RPC 3.1 (meritorious claims and contentions), two violations of RPC 3.2 (expediting litigation), two violations of RPC 3.3 (candor toward the tribunal), one violation of RPC 3.4 (fairness to opposing party and counsel), two violations of RPC 4.1 (truthfulness in statements to others), two violations of RPC 5.3(b) (responsibilities regarding nonlawyer assistants), three violations of RPC 5.5(a)(2) (unauthorized practice of law), one violation of RPC 7.5A (registration of multi-jurisdictional law firms), two violations of RPC 7.5A(j) (responsibility of Nevada-licensed member), three violations of RPC 8.1(b) (bar admissions and disciplinary matters), and five violations of RPC 8.4(c) (misconduct). 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 Geiger committed the violations charged. In re Discipline of Drakulich,
111 Nev. 1556, 1566,
908 P.2d 709, 715 (1995). Having reviewed the record of the disciplinary proceedings in this matter, we conclude that clear and convincing evidence supports the SUPREME COURT OF NEVADA 2 (0) 1947A panel's findings that Geiger committed the offenses charged. See SCR 105(2)(0. We further conclude that the panel's recommendation of disbarment is appropriately tailored to Geiger's misconduct. Despite Geiger's failure to respond to the second complaint or appear at the formal hearing, clear and convincing evidence supports a finding that Geiger was properly put on notice of the charges and proceedings against him Geiger was aware of the charges in the second complaint and chose not to defend them. We therefore approve the panel's recommendation that Geiger be disbarred. Accordingly, Christopher Geiger is hereby irrevocably disbarred from the practice of law in Nevada. SCR 102(1). Geiger shall pay the costs of the disciplinary proceedings, SCR 120, and shall comply with SCR 115. The State Bar shall comply with SCR 121.1. It is so ORDERED. Gibbons / ctuti ' J. Hardesty j 44"'S T a_A} J. Parrnuirre Dou ' J. Cherry Saitta SUPREME COURT OF NEVADA 3 (0) 1947A me• cc: David A. Clark, Bar Counsel Kimberly K. Farmer, Executive Director, State Bar of Nevada Christopher F. Geiger, Jr. J. Thomas Susich, Chair, Northern Nevada Disciplinary Board Perry Thompson, U.S. Supreme Court Admissions Office SUPREME COURT OF NEVADA 4 (0) 1947A e
Document Info
Docket Number: 66012
Filed Date: 11/10/2014
Precedential Status: Non-Precedential
Modified Date: 4/17/2021