NOV 1 0 202 

IN THE SUPREME COURT OF THE STATE OF NEVADA 

IN THE MATTER OF DISCIPLINE OF 

ANDRAS F. BABERO, BAR NO. 1658 

No. 85192 

FILED 

CLE Frr 

ORDER OF SUSPENSION BY 

H1EF DEPUlY CLERK 

This is an automatic review of a Southe'rn Nevada Disciplinary 

Board hearing panel's recommendation that attorney Andras F. Babero be 

suspended from the practice of law for four years based on violations of RPC 

1.1 (competence), RPC 1.3 (diligence), RPC 1.4 (communication), RPC 1.15 

(safekeeping property), RPC 1.16 (declining or terminating representation), 

RPC 3.2 (expediting litigation), RPC 5.5 (unauthorized practice of law), and 

RPC 8.4 (misconduct). Because no briefs have been filed, this matter stands 

submitted for decision based on the record. SCR 105(3)(b). 

The State Bar has the burden of showing by clear and 

convincing evidence that Babero committed the violations charged. See In 

re Discipline of Drakulich, 111 Nev. 1556, 1566, 908 P.2d 709, 715 (1995). 

We defer to the panel's factual findings that Babero violated the abovereferenced rules as those findings are supported by substantial evidence 

and are not clearly erroneous. See SCR 105(3)(b); In re Discipline of Colin, 

135 Nev. 325, 330, 448 P.3d 556, 560 (2019). In particular, the record shows 

that, in representing a client and the client's business in two cases, Babero 

failed to diligently work on the cases and to keep the client informed as to 

their status. Babero also worked on one case while administratively 

suspended for not filing the required CLE report. Ultimately, Babero 

stopped working on the cases, resulting in the dismissal .of the client's 

claims in one case and a substantial adverse default judgment of $10 million 

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($2.5 million in compensatory damages and $7.5 million in punitive 

damages) in the other. 

Turning to the appropriate discipline, we review the hearing 

panel's recommendation de novo. SCR 105(3)(b). Although we 

"must . . . exercise independent judgment," the panel's recommendation is 

persuasive. In re Discipline of Schaefer, 117 Nev. 496, 515, 25 P.3d 191, 204 

(2001). 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). 

The above actions violated the duties Babero owed to his client 

and the legal system. His mental state was knowing and his actions caused 

serious actual injury to his client, with the potential for further injury. The 

baseline sanction for Babero's misconduct, before considering aggravating 

and mitigating circumstances, is suspension. See Standards for Imposing 

Lawyer Sanctions, Compendium of Professional Responsibility Rules and 

Standards, Standards 4.42(a) (Am. Bar Ass'n 2017) (recommending 

suspension when "a lawyer knowingly fails to perform services for a client 

and causes injury or potential injury to a client"). The panel found, and the 

record supports, one aggravating circumstance (substantial experience in 

the practice of law) and three mitigating circumstances (absence of a recent 

prior disciplinary record, absence of a dishonest or selfish motive, and 

personal or emotional problems). Considering all the factors, we conclude 

that a three-year suspension is sufficient to serve the purpose of attorney 

discipline, see State Bar of Nev. v. Claiborne, 104 Nev. 115, 213, 756 P.2d 

464, 527-28 (1988) (observing the purpose of attorney discipline is to protect 

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Parraguirre 

Stiglich 

J. 

Hardesty 

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the public, the courts, and the legal profession), rather than the four-year 

suspension recommended by the hearing panel. 

Accordingly, we hereby suspend attorney Andras F. Babero 

from the practice of law in Nevada for a period of three years commencing 

from the date of this order. Babero shall also pay the costs of the 

disciplinary proceedings, including $2,500 under SCR 120, within 30 days 

from the date of this order. The parties shall comply with SCR 115 and SCR 

121.1. 

It is so ORDERED.1

Pickering 

cc: Chair, Southern Nevada Disciplinary Board 

Andras F. Babero 

Bar Counsel, State Bar of Nevada 

Executive Director, State Bar of Nevada 

Admissions Office, U.S. Supreme Court 

1The Honorable Abbi Silver having retired, this matter was decided 

by a six-justice court. 

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