No. 85456 

FILE 

NOV 1 7 20 

EL 

Ct. 

BY 

EF DEPUTY CLERK 

IN THE SUPREME COURT OF THE STATE OF NEVADA 

IN THE MATTER OF DISCIPLINE OF 

ROBERT L. BACHMAN, BAR NO. 5860 

ORDER APPROVING CONDITIONAL GUILTY PLEA AGREEMENT 

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 of discipline 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 as part of his 

guilty plea agreement. The record therefore establishes that he violated the 

above-cited rules by allowing nonlawyers to meet with two of his clients and 

handle their cases, by including in his retainer agreement with those clients 

that retainer deposits were nonrefundable, by including in the retainer that 

a company that was not a law firm would perform the services the clients 

hired him for, and by failing to communicate with the clients regarding the 

status of their cases. 

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The 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 of Lerner, 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 

or mitigating circumstances, is suspension. Standards for Imposing Lawyer 

Sanctions, Compendium of Professional Responsibility Rules and 

Standards, Standard 4.42 (Am. Bar Ass'n 2018) (providing that 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 knowingly engages in conduct that is a 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, stayed during a one-year probationary period commencing from the 

date of this order and subject to the following conditions: Bachman provides 

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quarterly 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 working with 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 to the State Bar for review before 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 of Timothy P. Thomas, LLC 

Chair, Southern Nevada Disciplinary Board 

Bar Counsel, State Bar of Nevada 

Executive Director, State Bar of Nevada 

Perry Thompson, Admissions Office, U.S. Supreme Court 

1The plea agreement permitted Bachman to pay the costs of the 

proceedings over the term of his probationary period. 

2The Honorable Mark Gibbons, Senior Justice, participated 

• 

in the 

decision of this matter under a general order of assignment. 

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