Opinion
88347
10-17-2024
IN THE MATTER OF DISCIPLINE OF AMBER ROBINSON, BAR NO. 10731.
UNPUBLISHED OPINION
ORDER APPROVING CONDITIONAL GUILTY PLEA AGREEMENT
This is an automatic review of a Southern Nevada Disciplinary Board hearing panel's recommendation that this court approve, pursuant to SCR 113, a conditional guilty plea agreement in exchange for a stated form of discipline for attorney Amber Robinson. Under the agreement, Robinson admitted to violating RPC 1.3 (diligence), RPC 1.4(a) (communication), RPC 3.2(a) (expediting litigation), RPC 3.4(c) (fairness to opposing party and counsel), and RPC 8.1(b) (bar disciplinary matters). Robinson agreed to a 4-month suspension, stayed in favor of a 12-month probationary period to be monitored by the State Bar.
Robinson admitted to the facts and violations as part of the guilty plea agreement. Robinson failed to file two separate draft orders as directed by the courts in those actions, failed to timely file a complaint in a separate action, failed to adequately communicate with two clients, and failed to provide a requested refund to one client. Robinson also failed to timely respond to the State Bar's inquiries. Robinson eventually refunded the one client's fees and the orders at issue were filed.
The issue for this court is whether the agreed-upon discipline sufficiently protects the public, the courts, and the legal profession. See In re Discipline of Arabia, 137 Nev. 568, 571, 495 P.3d 1103, 1109 (2021) (stating the purpose of attorney discipline). In determining the appropriate discipline, we weigh four factors: "the duty violated, the lawyer's mental state, the potential or actual injury caused by the lawyer's misconduct, and the existence of aggravating or mitigating factors." In re Discipline of Lerner, 124 Nev. 1232, 1246, 197 P.3d 1067, 1077 (2008).
Robinson admitted to knowingly violating duties owed to her clients (diligence and communication) and the profession (expediting litigation, fairness to opposing party and counsel, and bar disciplinary matters). Robinson further admitted harm to her clients. The baseline sanction for such violations, before considering the aggravating or mitigating circumstances, is suspension. Standards for Imposing Lawyer Sanctions, Compendium of Professional Responsibility Rules and Standards, Standard 4.42(a) (Am. Bar Ass'n 2023) (providing that suspension is appropriate when "a lawyer knowingly fails to perform services for a client and causes injury or potential injury to a client"); id., Standard 6.22 (providing that suspension is appropriate "when a lawyer knows that he or she is violating a court order or rule, and causes injury or potential injury to a client or party, or causes interference or potential interference with a legal proceeding"); id., Standard 7.2 (providing that suspension is appropriate "when a lawyer knowingly engages in conduct that is a violation of a duty owed as a professional and causes injury or potential injury to a client, the public, or the legal system"). The record supports three aggravating circumstances (pattern of misconduct, multiple offenses, and substantial experience in the law) and three mitigating circumstances (absence of prior discipline, personal or emotional problems, and full and free disclosure to the disciplinary authority or cooperative attitude toward the proceeding). We agree with the panel's conclusion that the mitigating circumstances here warrant a downward deviation from an I actual suspension to a stayed suspension. Considering all four factors, we conclude that the agreed-upon discipline is appropriate.
Accordingly, we hereby suspend attorney Amber Robinson from the practice of law in Nevada for four months, with the suspension stayed for twelve months from the date of this order subject to the conditions outlined in the conditional guilty plea agreement. Those conditions include the requirement that Robinson participate in individual and group counseling; she continue active participation with a business coaching regimen; she obtain an attorney mentor approved by the State Bar; she meet monthly with the attorney mentor regarding general legal practice management and attorney well-being; her selected and approved attorney mentor timely provide quarterly reports to the State Bar probation monitor; and she engage in no professional misconduct following the date of the entry of plea here that results in a screening panel recommending new disciplinary charges be filed. Robinson shall also pay the costs of the disciplinary proceedings, including $2,500 under SCR 120, within 30 days from the date of this order. The State Bar shall comply with SCR 121.1.
It is so ORDERED.
Stiglich, Pickering, Parraguirre, J.