Rule 102 - Decisions regarding a grievance. Misconduct is grounds for:
1. Issuance of any of the following sanctions: (a) Irrevocable disbarment by the supreme court. (b) Suspension by the supreme court for a fixed term. A suspension of 6 months or less shall not require proof of rehabilitation; a suspension of more than 6 months shall require proof of rehabilitation to be demonstrated in a reinstatement proceeding under SCR 116. A suspension, or portion thereof, may be stayed pending compliance with probationary terms. Probation procedures shall be consistent with SCR 105.5. (c) Temporary restraining order regarding funds.(1) On the petition of bar counsel, supported by an affidavit alleging facts personally known to the affiant which shows that an attorney appears to be causing great harm by misappropriating funds to their own use, a district court of this state in the county where the attorney resides, where they maintain an office, or where the alleged acts occurred, may issue an order, in the same manner and under the same provisions of the Nevada Rules of Civil Procedure, not inconsistent with this rule, as a temporary restraining order is issued, which restricts the attorney in the handling of funds entrusted to them or over which the attorney has the power of disposition. (2) An order entered pursuant to the preceding paragraph may also prescribe the manner in which fees or other funds received from or on behalf of clients are to be handled during the existence of the order. When served on either the attorney or a depository in which the attorney maintains an account, the order is also an injunction against withdrawals from the account except in accordance with the terms of the order. In preparing such an order, due consideration shall be given to whether the account(s) affected by it are maintained by the attorney alone or whether there are other people whose right to withdraw funds may be affected. (3) Unless it is deemed necessary by the district court, a bond shall not be required for an order under this rule. The duration of the order and proceedings to dissolve it are governed by NRCP 65, unless the order is superseded by an order of the supreme court pursuant to the next paragraph of this rule. (d) Temporary suspension by the supreme court. (1) Following a hearing and upon entry of a hearing panel’s recommendation for disbarment pursuant to SCR 105(2)(e) and served upon the attorney in accordance with SCR 105(3)(a), bar counsel may file a petition with the supreme court requesting the immediate temporary suspension of the attorney. The decision of the hearing panel shall accompany the petition. (2) On the petition of bar counsel, supported by an affidavit alleging facts personally known to the affiant, which shows that an attorney appears to be posing a substantial threat of serious harm to the public, the supreme court may order, with notice as the court may prescribe, the attorney’s immediate temporary suspension or may impose other conditions upon the attorney’s practice. If a petition is filed under subsection 1(c) of this rule, a separate petition under this subsection must be filed with the supreme court as soon thereafter as possible. (3) A temporary order may restrict an attorney in the handling of funds entrusted to the attorney or over which the attorney has the power of disposition, or, if appropriate, direct the attorney to establish a trust account in accordance with conditions prescribed in the order. When served on either the attorney or a depository in which the attorney maintains an account, the order is also an injunction against withdrawals from the account except in accordance with the terms of the order. An order of the supreme court that restricts the handling of funds by an attorney supersedes an order entered by the district court pursuant to subsection 1(c) of this rule. (4) An order of temporary suspension precludes the attorney from accepting new cases but does not preclude the attorney from continuing to represent existing clients during the first 15 days after service of the order unless the court orders otherwise. Fees and other funds received from or on behalf of clients during this 15-day period shall be deposited in a trust account from which withdrawals may be made only in accordance with the conditions imposed by the order.(5) The attorney may request dissolution or amendment of the temporary order of suspension by petition filed with the supreme court, a copy of which shall be served on bar counsel. The petition may be set for immediate hearing before a hearing panel, to hear the petition and submit its report and recommendation to the court within 7 days of the conclusion of the hearing. Upon receipt of the report and recommendation, the court may modify its order, if appropriate, and continue such provisions of it as may be appropriate until the final disposition of all pending disciplinary charges against the attorney. (e) Reprimand, with or without conditions, as referenced below, imposed by the supreme court or a hearing panel of the disciplinary board. (f) Admonition imposed by a screening panel pursuant to SCR 105(1) with the consent of the respondent. The screening panel chair shall issue the admonition in writing, and bar counsel shall serve it upon the respondent. Admonitions are private discipline. A screening panel may impose an admonition only in cases of minor misconduct, when there is little or no injury to a client, the public, the legal system, or the profession, and when there is little likelihood the respondent will repeat the misconduct. Bar counsel shall publish all admonitions in the bar publication for the education of the profession but shall not identify the respondent therein. Bar counsel may use an admonition in subsequent proceedings as an aggravating factor after the disciplinary panel has found the respondent guilty of misconduct or as otherwise permitted by the rules of evidence. A screening panel may impose an admonition with or without conditions, as set forth below. A screening panel may not issue an admonition if the respondent:(1) Misappropriated client funds;(2) Caused substantial injury;(3) Received an admonition for similar misconduct within the last 5 years; (4) Received an admonition or any public discipline within the last 3 years; (5) Engaged in dishonesty, deceit, fraud, or misrepresentation; or (6) Committed a “serious crime” as defined in SCR 111.
(g) Admonition, with or without conditions, as referenced above, imposed by the supreme court or hearing panel of the disciplinary board.2. In addition to any of the aforementioned sanctions except disbarment, upon order of the supreme court or a panel of the disciplinary board, or upon stipulation, an attorney can be required to pay restitution to persons financially injured, disgorge all or part of the attorney’s or law firm’s fee, reimburse the client security fund, pay a fine of up to $1,000, and/or comply with additional conditions intended to create protection of the public or increase confidence in the integrity of the profession.3. A dismissal, with or without cautionary language, by a screening panel, hearing panel, or the supreme court. Cautionary language may not be used as an aggravating factor in any subsequent disciplinary proceeding but does serve as notice to the attorney regarding specific conduct. Added; effective 2/15/1979; amended effective 10/26/2023.