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In re Singer12/22/1993
Per Curiam:
The Southern Nevada Disciplinary Board of the State Bar of Nevada (“the Board”) charged appellant Arthur H. Singer (“Singer”) with four violations of SCR 158(1). SCR 158(1) provides: 1. A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: (a) The transaction and terms of which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in the manner which can be reasonably understood by the client; (b) The client is given a reasonable opportunity to seek the advice of independent counsel in the transaction; and (c) The client consents in writing.
The four violations arose from transactions between Singer and his clients, three violations of which are relevant to this appeal. These violations charged against Singer were: (1) using undue influence to cause his client to finance Singer's home; (2) causing his client to loan Singer $20,000.00; and (3) proposing an equity swap with his client's daughters.
Following a hearing, the Board recommended that Singer's license to practice law be suspended for not less than six months and one day. The panel further recommended that the suspension be stayed provided Singer perform the following conditions: a. That [Singer] take and pass the Multistate Professional Responsibility Examination at the next time it is administrated and provide evidence of said passage to the State Bar; b. That he make the Creasy Trust whole, as early as practicable, but no case later than 120 days, by (1) repaying to the Creasy Trust the entire $205,000.00 principal loaned to him and/or the Singer-Guilloud Trust for purchase of Singer's home/office, including by refinancing the property if necessary; (2) paying the Creasy Trust the difference between the amount of interest Singer (whether he personally, or through his professional corporation, his wife, and/or the Singer Trust) actually paid on the $205,000.00 from February 10, 1989, to the date repaid in full, and the amount of interest that would have been charged to Singer and/or the Singer
[109 Nev. 1117, Page 1119]
Guilloud Trust on a residential real estate loan entered into February 10, 1989, for that same property, by the two largest banks in the State of Nevada; (3) pay the costs to Creasy's heirs and/or the Creasy Trust, of transfer of the $205,000.00 note and/or its proceeds, including interest as set forth above, to the Creasy Trust, including but not limited to the costs of probate of Mrs. Creasy's will. Once Singer fulfilled these conditions, he would receive a public reprimand. This appeal ensued.
An understanding of the nature of Singer's relationship with his client, Mrs. Grace Creasy (“Creasy”), and the events surrounding their acquaintance is essential to appreciate the essence of Singer's misfeasance. Singer met Creasy when he hired her to work as his housekeeper. At the time, she remained despondent over the loss of her husband who had died two years earlier.
Shortly after beginning work, Creasy's leg required amputation due to medical negligence. Singer advised Creasy regarding a medical malpractice action and referred her case to another law firm, receiving a referral fee of approximately $73,000.00 after the case settled.
Thereafter, Singer became increasingly intertwined in Creasy's affairs. Singer deposited the settlement proceeds of $321,774.37 into a trust account from which Creasy could not withdraw funds without his approval. He served as Creasy's attorney, accountant, and personal advisor. He prepa
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