 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Singer12/22/1993
nt that benefit the attorney, as here—are closely scrutinized for any unfairness on the part of the attorney. In any transaction in which an attorney is charged with obtaining a business advantage from a client, there is a presumption of impropriety which may be overcome only by clear and satisfactory evidence that the transaction was fundamentally fair, free of professional overreaching, and fully
[109 Nev. 1117, Page 1121]
disclosed. See Williams v. Waldman, 108 Nev. 466, 472, 836 P.2d 614, 618 (1992); Davidson v. Streeter, 68 Nev. 427, 440, 234 P.2d 793, 799 (1951). The attorney must ensure that the client has independent advice in the matter or is given the same information as would have been given by a disinterested attorney. Williams, 108 Nev. at 472-73, 836 P.2d at 619.
Singer clearly placed himself in a position wherein the exercise of his professional judgment on behalf of his clients could be affected by his own financial interests. In light of the strong presumption of impropriety attached to business transactions such as the loans and financing agreements into which Singer entered with his clients, we cannot conclude that “technical compliance” with SCR 158 is sufficient for Singer to avoid reprimand. Singer's actions thwart both the spirit and the purpose of SCR 58.
Accordingly, we affirm the Board's decision that Singer violated SCR 158 by failing to provide his clients with sufficient information to enable them to make informed decisions relative to the transactions involved, and as to whether to consult with independent counsel. We hereby publicly reprimand Singer for his conduct. We also order that Singer fulfill the conditions recommended by the panel within the allotted time from the date of this opinion. Should Singer fail to fulfill the conditions with the time allotted, he will be suspended from the practice of law for a period of six months and one day.
|