Opinion
No. 50918.
February 8, 2008.
ORDER GRANTING PETITION FOR RESIGNATION
The Southern Nevada Disciplinary Board has filed, under SCR 112, a petition for attorney Nancy Fernandez-Nies' disbarment by consent. The petition is supported by Fernandez-Nies' affidavit, stating that she freely and voluntarily consents to disbarment, after having had the opportunity to consult with counsel. Fernandez-Nies acknowledges in the affidavit that she violated SCR 158(1) (conflict of interest: prohibited transactions) and 203 (misconduct) by engaging in a longstanding scheme to defraud a vulnerable client, resulting in a loss to the client of over one million dollars. Fernandez-Nies admits that she could not successfully defend against a disciplinary complaint.
The rules governing professional conduct were substantially revised effective May 1, 2006, after Fernandez-Nies' conduct occurred, and the former rules apply. No change other than renumbering was made to SCR 203. See RPC 8.4. SCR 158 was replaced by RPC 1.8, and the new rule imposed additional duties upon a lawyer who acquires an interest adverse to a client. See RPC 1.8(a). The disciplinary complaint in this matter properly charged a violation of the former rule, in effect at the time of Fernandez-Nies' misconduct, which she has admitted.
See Sloan v. Geier, Docket No. 40411 (Order Affirming in Part, Reversing in Part and Remanding, January 31, 2007) (affirming most aspects of a civil judgment against Fernandez-Nies).
SCR 112 provides that an attorney who is the subject of a proceeding involving allegations of misconduct may consent to disbarment by delivering an affidavit to the appropriate disciplinary board, which must file it with this court. Fernandez-Nies' affidavit meets the requirements of SCR 112(1), and we conclude that the petition should be granted. Accordingly, Fernandez-Nies is disbarred. The provisions of SCR 115 and SCR 121.1 governing notice and publication of orders of disbarment shall apply to this order.
It is so ORDERED.
GIBBONS, C. J.
MAUPIN, J.
HARDESTY, J.
PARRAGUIRRE, J.
DOUGLAS, J.
CHERRY, J.
SAITTA, J.