FEB 1 9 2016 

CHIEr DERWIN CLER 

IN THE SUPREME COURT OF THE STATE OF NEVADA 

IN THE MATTER OF DISCIPLINE OF No. 69439 

RICHARD C. SIPAN, BAR NO. 3155. 

FILED 

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 Richard C. Sipan. 

Under the conditional guilty plea agreement, Sipan admits to 

a total of 136 violations of the Rules of Professional Conduct stemming 

from 15 grievances: RPC 1.3 (diligence) (15 violations); RPC 1.4 

(communication) (15 violations); RPC 1.5 (fees) (15 violations); RPC 1.15 

(safekeeping property) (15 violations); RPC 5.3 (responsibilities regarding 

non-lawyer assistants) (15 violations); RPC 5.4 (professional independence 

of a lawyer) (15 violations); RPC 5.5 (unauthorized practice of law) (15 

violations); RPC 7.1(b) (communications concerning a lawyer's services) 

(15 violations); RPC 8.1(b) (bar admission and disciplinary matters) (1 

violation); and RPC 8.4 (misconduct) (15 violations). The admitted 

violations stem from Sipan's involvement with a business enterprise that 

advertised nationally as a law firm specializing in real estate law but was 

a telemarketing operation that used a deceptive mailer, designed to look 

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like a bank or government notice, to entice consumers to call and receive a 

promised restructure loan and Sipan's lack of supervision or control over 

non-lawyer employees and client money, resulting in significant harm to 

clients. 

The stated form of discipline in the conditional guilty plea 

agreement provides for a four-year suspension, retroactive to January 6, 

2015, and for Sipan to pay the costs of the disciplinary proceeding, 

excluding Bar Counsel and staff salaries, within 90 days of receipt of a 

billing from the State Bar. The agreed-upon discipline takes into account 

five aggravating factors (dishonest or selfish motive, pattern of 

misconduct, multiple offenses, vulnerability of victim, and substantial 

experience in the practice of law) and four mitigating factors (absence of 

prior disciplinary record, personal or emotional problems, cooperative 

attitude toward proceeding, and character or reputation). 

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

agreed-upon discipline is sufficient in relation to Sipan's admitted conduct 

and is appropriate. See In re Discipline of Lerner, 124 Nev. 1232, 1246, 

197 P.3d 1067, 1077 (2008) (explaining that in determining the 

appropriate discipline, four factors must be weighed: "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"); State Bar of Nev v. Claiborne, 104 Nev. 115, 213, 756 P.2d 464, 

527-28 (1988) (explaining that the purpose of attorney discipline is to 

protect the public, the courts, and the legal profession, not to punish the 

attorney). We therefore conclude that the guilty plea agreement should be 

approved. See SCR 113(1). We hereby impose a four-year suspension, 

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Douglas 

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S aitta 

J. 

Gibbons 

retroactive to January 6, 2015. Additionally, Sipan shall pay the costs of 

the disciplinary proceedings, excluding Bar Counsel and staff salaries, 

within 90 days of receipt of the State Bar's bill of costs. See SCR 120. The 

parties shall comply with SCR 115 and SCR 121.1. 

It is so ORDERED. 

 C.J. 

Parraguirre 

cc: Chair, Southern Nevada Disciplinary Board 

Richard C. Sipan 

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

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

Perry Thompson, U.S. Supreme Court Admissions Office 

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