Sunday, October 13, 2019

Once More With Feeling

An attorney who accepted a partially-stayed suspension for frivolous litigation has had that stay revoked by the Nevada Supreme Court

On February 23, 2018, this court approved Lopez's conditional guilty plea agreement and suspended him for two years, with all but the first six months and one day stayed, for violating RPC 3.1 (meritorious claims and contentions), RPC 3.4 (fairness to opposing counsel), RPC 4.4 (respect for rights of third persons), and RPC 8.4(d) (misconduct—conduct prejudicial to the administration of justice). The stayed suspension was conditioned on Lopez's compliance with certain conditions, which included the condition that he "not be found . . . to have abused the legal process." In re Discipline of Lopez, Docket No. 73894 (Order Approving Conditional Guilty Plea Agreement, Feb. 23, 2018). After this court approved the conditional guilty plea, Lopez filed an amended complaint against the same parties and based on the same set of facts that Lopez agreed were frivolous
in the conditional guilty plea agreement, and that had already been dismissed in other cases. Thus, substantial evidence supports the panel's finding that Lopez violated the terms of his stayed suspension by abusing the legal process. Because the stay of the remainder of Lopez's two-year suspension was subject to his compliance with certain conditions, we revoke the stay of the remaining portion of Lopez's suspension, and suspend him for two years commencing from February 23, 2018, the date this court approved the conditional guilty plea agreement.

The case is In the Matter of Discipline of Jason Lopez. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2019/10/once-more-with-feeling.html

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