Thursday, October 11, 2018

The "Stay Out Of Trouble" Condition

The Nevada Supreme Court accepted a proposed consent sanction for this admitted misconduct

Randazza has admitted to the facts and the violations alleged in two counts set forth in the amended complaint. The record therefore establishes that Randazza violated the above-listed rules by loaning money to his client without informing the client in writing of the desirability of obtaining independent counsel, and by negotiating with opposing counsel to receive, as part of a settlement, a retainer for future legal services.

Sanction

...we hereby suspend Marc J. Randazza for 12 months, stayed for 18 months commencing on the date of this order, subject to the following conditions: (1) Randazza shall "stay out of trouble" during the probationary period, "meaning that he will have no new grievance arising out of conduct post-dating the date of the plea which results in the imposition of actual discipline (a Letter of Reprimand or above, SCR 102) against him"; (2) he shall successfully complete 20 hours of CLE in ethics in addition to his normal CLE requirements during the probationary period; (3) he shall seek the advice and approval of an independent and unaffiliated ethics attorney in the relevant jurisdiction before obtaining any conflicts of interest waivers during the probationary period; and (4) he shall pay the actual costs of the disciplinary proceeding, including $2,500 under SCR 120, within 30 days of this court's order, if he has not done so already. The State Bar shall comply with SCR 121.1

The case is Discipline of Marc Randazza.

His interesting practice is the subject of this story in the Daily Beast. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2018/10/the-nevada-supreme-court-randazza-has-admitted-to-the-facts-and-the-violations-alleged-in-two-counts-set-forth-in-the-amende.html

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