Opinion
No. 59585.
12-07-2012
In the Matter of DISCIPLINE OF Laurence A. HECKER, Bar No. 3732.
David A. Clark, Bar Counsel Kimberly K. Farmer, Executive Director, State Bar of Nevada Laurence A. Hecker Perry Thompson, Admissions Office, United States Supreme Court
David A. Clark, Bar Counsel
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Laurence A. Hecker
Perry Thompson, Admissions Office, United States Supreme Court
ORDER IMPOSING RECIPROCAL DISCIPLINE
This is a petition under SCR 114 to reciprocally discipline attorney Laurence A. Hecker, based on discipline imposed upon him in New Jersey. Hecker did not file a response to the petition.
Hecker's misconduct arose from his failure to maintain a proper attorney client relationship between his office and a collection agency. Hecker maintained an office in the agency's facility, and in exchange for payment, loaned his name to the agency. Agency employees supervised by Hecker misleadingly represented that they were working for Hecker's office. Specifically, Hecker was found to have violated New Jersey Rules of Professional Conduct (RPC) 5.5(a) (lawyers not admitted to the bar of this state and the lawful practice of law) for allowing agency employees to falsely represent that they were employees of his office and for failing to prevent their unauthorized practice of law, and RPC 8.4(c) (misconduct) by loaning his name to the collections agency and permitting the agency to send collection letters on his stationery.
Nevada's counterparts are RPC 5.5(a) (unauthorized practice of law) and RPC 8.4(c) (misconduct).
On March 10, 2011, the New Jersey Supreme Court suspended Hecker for one year and required him to reimburse the Disciplinary Oversight Committee for costs and expenses in prosecution of the matter. Hecker did not self-report this suspension to the Nevada State Bar within 30 days as required by SCR 114(1).
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. None of the exceptions is present in this case.
Accordingly, we grant the petition for reciprocal discipline. Attorney Laurence A. Hecker is hereby suspended for one year. Hecker is required to provide proof to Nevada Bar Counsel of compliance with the conditions of suspension imposed upon him by New Jersey. Hecker and the State Bar shall comply with SCR 115 and SCR 121.1.
We note that Hecker is currently suspended in Nevada for failure to fulfill CLE requirements. The suspension in the instant matter is separate from and in addition to Hecker's existing CLE suspension. The suspension in the instant matter shall not begin until Hecker has resolved his CLE suspension.
It is so ORDERED.