IN THE SUPREME COURT OF THE STATE OF NEVADA 

IN THE MATTER OF DISCIPLINE OF 

MITCHELL L. POSIN, BAR NO. 2840. 

No. 69417 

FILE 

MAR 2 5 2016 

CW K. LINDEMAN 

SUgREMEQ. 

SUPREME COURT 

OF 

NEVADA 

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 Mitchell L. Posin. 

Under the agreement, Posin admitted to violations of RPC 1.1 

(competence), RPC 1.2 (scope of representation), RPC 1.3 (diligence), RPC 

1.4 (communication), and RPC 1.15 (safekeeping property). 

The agreement provides for a 2-year suspension with 18 

months stayed, subject to Posin satisfying the following conditions: (1) 

remain on probation for 2 years starting 30 days after the plea is accepted 

by the panel, during which time Posin must not receive any grievances 

that result in actual discipline and must provide quarterly reports to bar 

counsel regarding his place of employment, practice areas, caseload, 

restitution payments, and any issues that may have developed; (2) obtain 

a mentor, to be approved by the state bar, who must be a licensed attorney 

practicing in personal injury law, and who will monitor Posin's active 

cases and report quarterly to bar counsel; (3) pay restitution in specific 

amounts to five clients and provide proof of payment by the end of the 

probation period; and (4) pay for the costs of the disciplinary proceeding 

within one year, excluding bar counsel and staff salaries. 

Based on our review of the record, we conclude that the guilty 

plea agreement should be approved. See SCR 113(1). We hereby impose a 

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Hardesty 

J. 

Saitta 

2-year suspension with 18 months of the suspension stayed. Additionally, 

Posin must comply with all of the conditions in the plea agreement, as 

outlined above, must pay restitution as set forth in the plea agreement, 

and must pay the costs of the disciplinary proceedings, excluding bar 

counsel and staff salaries, within the time frame designated in the plea 

agreement. See SCR 120. 

It is so ORDERED. 

J. 

Piek0A 

Cherry 

I , J. 

6ibbons Pickering 141 

HARDESTY, DOUGLAS, and SAITTA, JJ., dissenting: 

We dissent because, having considered the relevant standards 

and the mitigating and aggravating factors, a 2-year suspension with 18 

months stayed is insufficient to protect the public and the integrity of the 

profession considering Posin's admitted misconduct, the number of clients 

harmed, the extent of the harm, and the relatively recent prior discipline 

for similar misconduct. Therefore, we would reject the conditional guilty 

plea agreement and remand for further proceedings. 

SUPREME COURT 

OF 

NEVADA 2 

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cc: Chair, Southern Nevada Disciplinary Board 

William B. Terry, Chartered 

C. Stanley Hunterton, Bar Counsel, State Bar of Nevada 

Kimberly K. Farmer, Executive Director, State Bar of Nevada 

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

SUPREME COURT 

OF 

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