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In re Drakulich12/19/1995
y, then we don't charge that expense to the case costs." Although Hall was present at the disciplinary proceedings, for reasons unclear from the record, neither appellant nor bar counsel called Hall to testify. On August 7, 1990, the panel filed its findings and recommendations. The panel found in pertinent part:
n a number of different occasions, Mr. Hall referred individuals who had sustained personal injuries to the law office of [appellant]. [Appellant] undertook the representation of these individuals and successfully obtained monetary settlements and/or judgments in varying amounts. [Appellant] paid referral fees to Mr. Hall which in two specific cases totaled ten percent (10
[111 Nev. 1556, Page 1563]
cases totaled ten percent (10%) of [appellant's] fee on that particular case. 3 The panel further found that appellant had thus violated the following Nevada Rules of Professional Conduct:
1. SCR 188(1) (a lawyer shall not share legal fees with a non-lawyer); 2. SCR 196(3) (a lawyer shall not give anything of value to a person for recommending the lawyer's services); 3. SCR 197 (" lawyer shall not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship, by mail, in person or otherwise, when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain"); and 4. SCR 203(1) (it is professional misconduct for a lawyer to violate the rules of professional conduct, knowingly assist or induce another to do so, or to do so through the acts of another).
The record of the disciplinary proceeding before the panel was filed in this court on August 29, 1990. Both Drakulich and bar counsel requested and were granted extensions of time to file appellate briefs. Briefing was completed on January 22, 1991. Thereafter, former Chief Justice Mowbray disqualified himself from any further participation in the matter. On July 17, 1992, the governor designated District Judge Jerry Carr Whitehead to sit in the place of then Chief Justice Mowbray. On June 2, 1993, this court entered an unanimous five-judge order remanding this matter back to the disciplinary panel. This court indicated that after conducting "an independent review of the record" and after having "carefully considered the arguments of counsel," the court had "determined that additional evidentiary proceedings before the hearing panel would assist the court in resolving the issues on appeal." Specifically, this court directed the panel to conduct "a further evidentiary hearing for the purpose of receiving testimony from . . . Mr. Harold Hall." This court also noted that appellant could present the testimony of other witnesses as well during the additional proceedings.
Supplemental Evidentiary Proceedings
On December 15, 1993, the disciplinary panel conducted the supplemental hearing. Hall testified at this hearing that he has been extremely close to appellant and
[111 Nev. 1556, Page 1564]
to appellant's entire family for thirty years. Hall has worked many jobs, but, he indicated, his training has been primarily in the area of credit and collections. He testified that his father was a vice-president in a credit company and his father encouraged and assisted Hall in learning the credit collections business. His father taught him how to perform skip tracing, asset checks, and other aspects of credit collections business. Hall, however, has often been unemployed over the years. During such periods appellant would help him out by letting Hall do various odd jobs, including janitorial or gardening work. In the 1980's Hall went to work for the Reno Orthopedic Clinic in the
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