Opinion
No. 59552.
12-07-2012
In the Matter of DISCIPLINE OF Toni L. CHRISTIANI, Bar No. 6597.
Kimberly K. Farmer, Executive Director, State Bar of Nevada Toni L. Christiani
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Toni L. Christiani
ORDER GRANTING PETITION
This is a petition under SCR 114 to reciprocally discipline attorney Toni L. Christiani, based on discipline imposed upon her in California. Christiani did not file a response to the petition.
Christiani was disciplined for misappropriating client funds and for using trust account funds to pay for personal and firm expenses. Specifically, Christiani was found to have violated California Rules of Professional Conduct (RPC) 4–100(A) and (B) (preserving identity of funds and property of a client), RPC 3 –700(D)(1) (termination of employment), and Business and Professions Code Section 6106.
Nevada's counterparts are, respectively, RPC 1.15 (safekeeping property), RPC 1.16 (declining or terminating representation), and RPC 8.4 (misconduct).
On July 27, 2011, the California Supreme Court suspended Christiani for two years, with that suspension stayed and an actual suspension of one year imposed, and placed her on probation with conditions for three years. Christiani did not self-report this discipline to the Nevada State Bar within 30 days as required by SCR 114(l).
SCR 114(4) provides that this court shall impose identical reciprocal discipline unless the attorney demonstrates, or this court finds, that one of four exceptions applies. We conclude that one of the four exceptions exists in this matter, namely, that Christiani's misconduct warrants substantially different discipline in this state. SCR 114(4)(c). Specifically, we conclude that the stayed suspension and the probationary period are not appropriate in Nevada.
Accordingly, we grant the petition for reciprocal discipline to the following extent. Christiani is hereby suspended from the practice of law for two years. Christiani shall provide to the state bar proof that she has passed the MPRE and proof of compliance with the conditions of probation imposed upon her by California. Because her suspension is longer than six months, Christiani must petition this court for reinstatement pursuant to SCR 116. Christiani and the state bar shall comply with SCR 115 and SCR 121.1.
We note that Christiani is currently suspended in Nevada for failure to pay her bar dues. The suspension in the instant matter is separate from and in addition to Christiani's existing bar dues suspension. The suspension in the instant matter shall not begin until Christiani resolves her bar dues suspension.
This order constitutes our final disposition of this matter. Any additional proceedings concerning Christiani shall be filed under a new docket number.