In re Discipline of Gianna M. Orlandi

Summary

The Nevada Supreme Court reviewed a disciplinary hearing panel's recommendation and disbarred Gianna M. Orlandi for violations involving client communication, fees, safekeeping property, supervision of a nonlawyer, unauthorized practice of law, disciplinary cooperation, and trust-account requirements. The court found one mitigating circumstance and five aggravating circumstances, ordered irrevocable disbarment, and required payment of disciplinary proceeding costs.

Holdings

1. When an attorney fails to answer an amended disciplinary complaint and a default is entered, the facts and charges alleged in the amended complaint are deemed admitted.
2. The Supreme Court reviews a disciplinary hearing panel's recommendation de novo, while treating the panel's recommendation as persuasive.
3. The appropriate discipline is determined by weighing the duty violated, the lawyer's mental state, the potential or actual injury caused by the misconduct, and aggravating or mitigating factors.
4. Disbarment was the appropriate sanction for Orlandi's knowing misconduct involving unauthorized practice of law, client and professional duties, and obstruction of the disciplinary process.

Questions Presented

1. Whether the facts and charges in the amended disciplinary complaint were established when Orlandi failed to answer and default was entered.
2. What discipline was appropriate for Orlandi's violations of the Nevada Rules of Professional Conduct and Supreme Court Rules.
3. Whether disbarment was warranted based on the duties violated, Orlandi's mental state, the actual or potential injury, and aggravating and mitigating circumstances.

Disposition

other