No. 85456 

# FILE NOV 17 20
EL Ct. BY EF DEPUTYCLERK IN THE SUPREME COURT OF THE STATE OF NEVADA

IN THE MATTER OF DISCIPLINE OF ROBERT L. BACHMAN, BAR NO. 5860

ORDERAPPROVING CONDITIONAL GUILTYPLEAAGREEMENT

This is an automatic review of a Southern Nevada Disciplinary Board hearing panel's recommendation that this court approve, pursuant to SCR 113, a conditional guilty plea agreement in exchange for a stated form ofdiscipline for attorney Robert L. Bachman. Under the agreement, Bachman admitted to violating RPC 1.4 (communication), RPC 1.5 (fees), RPC 1.16 (declining or terminating representation), RPC 5.3 (responsibilities of nonlawyer assistants), and RPC 5.4 (professional independence of a lawyer). He agreed to a six-month suspension stayed during a one-year probationary period with conditions.

Bachman has admitted to the facts and violations aspart ofhis guilty plea agreement. The record therefore establishesthat heviolated the above-cited rulesby allowingnonlawyersto meet with two ofhis clients and handle their cases, by includingin hisretainer agreementwiththose clients that retainer depositswere nonrefundable, byincludingin the retainer that
a company that was not a law firm would perform the services the clients hired him for, and by failingto communicate with the clients regarding the status oftheir cases.

SUPREME COURT OF
• NEVADA (0) I947A 

### 42-1-

## 30/1-3The issue for this court is whether the agreed-upon discipline

sufficiently protects the public, the courts, and the legal profession. See State Bar of Nev. v. Claiborne, 104 Nev. 115, 213, 756 P.2d 464, 527-28 (1988) (explaining the purpose of attorney discipline). In determining the appropriate discipline, we weigh four factors: "the duty violated, the lawyer's mental state, the potential or actual injury caused by the lawyer's misconduct, and the existence of aggravating or mitigating factors." In re Discipline ofLerner, 124 Nev. 1232, 1246, 197 P.3d 1067, 1077 (2008).

Bachman admitted that he knowingly violated duties owed to clients, the public, and to the legal system. Two clients suffered injury or potential injury by paying Bachman for legal services he never provided. The baseline sanction for such misconduct, before considering aggravating
ormitigatingcircumstances, is suspension. Standardsfor ImposingLawyer Sanctions, Compendium of Professional Responsibility Rules and Standards, Standard 4.42 (Am. Bar Ass'n 2018) (providingthat suspension is appropriate "when a lawyer knowingly fails to perform services for a client and causes injury"), Standard 7.2 (providing that suspension is appropriate "when a lawyer knowinglyengagesinconductthat isa violation of a duty owed as a professional and causes injury or potential injury to a client, the public, or the legal system"). The record supports the panel's findings of two aggravating circumstances (multiple offenses and a vulnerable victim) and one mitigating circumstance (absence of a prior disciplinary record). Considering all four factors, we conclude that the agreed-upon discipline is appropriate.

Accordingly, we hereby suspend Robert L. Bachman for six raonths, stayedduringaone-yearprobationaryperiod commencingfromthe date ofthis order and subject tothe followingconditions: Bachman provides

2quarterly reports to the State Bar to include a list of firm employees and

responsibilities, and an explanation of how those employees are trained to perform their responsibilities. The report will also include a review of the procedures used when workingwith the company Debt Solution Services to ensure any legal work required to be performed by that company is done by respondent or another attorney. Bachman will also update his retainer agreement and submit it tothe State Bar for reviewbefore the probationary term expires. Finally, Bachman shall pay the costs of the disciplinary proceedings, including$2,500 under SCR 120, before the probationary term expires.1 The State Bar shall comply with SCR 121.1.

It is so ORDERED.2

, Parraguirre Al/iiGusO Stiglich Sr.J.

cc: Law Office ofTimothy P. Thomas, LLC Chair, Southern Nevada Disciplinary Board Bar Counsel, State Bar ofNevada Executive Director, State Bar ofNevada Perry Thompson, Admissions Office, U.S. Supreme Court

1The plea agreement permitted Bachman to pay the costs of the proceedings over the term ofhis probationary period.

2The Honorable Mark Gibbons, Senior Justice, participated

•in the decision ofthis matter under a general order ofassignment. 3 SUPREME COURT

OF NEVADA (0) 1947A