### 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 

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CLE Frr ORDER OFSUSPENSION BY H1EF DEPUlYCLERK This is an automaticreview ofa Southe'rn Nevada Disciplinary Board hearing panel's recommendation that attorney Andras F. Babero be suspended from the practiceoflaw for four yearsbased on violations ofRPC 1.1 (competence), RPC 1.3 (diligence), RPC 1.4 (communication), RPC 1.15 (safekeepingproperty), RPC 1.16 (decliningor terminatingrepresentation), RPC 3.2 (expediting litigation), RPC 5.5 (unauthorized practice oflaw), and RPC 8.4 (misconduct). Because nobriefshavebeenfiled, thismatter 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 ofDrakulich, 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 ofColin, 135Nev. 325, 330, 448P.3d 556, 560 (2019). Inparticular, 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 claimsinone case and a substantial adversedefaultjudgment of$10million

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(0) 1947A($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 reDisciplineofSchaefer, 117Nev. 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 andthe legal system. Hismental state wasknowing and his actions caused serious actual injury to his client, with thepotential 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 oflaw) and three mitigatingcircumstances (absence ofa 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) (observingthepurpose ofattorney discipline istoprotect

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Stiglich

J. Hardesty

J. the public, the courts, and the legal profession), rather than the four-year suspension recommendedby the hearingpanel.

Accordingly, we hereby suspend attorney Andras F. Babero from the practice of law in Nevada for a period ofthree 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 dateofthisorder. Theparties shallcomplywith SCR 115and SCR 121.1. It is so ORDERED.1

Pickering

cc: Chair, Southern Nevada Disciplinary Board Andras F. Babero Bar Counsel, State Bar ofNevada Executive Director, State Bar ofNevada Admissions Office, U.S. Supreme Court

1The Honorable Abbi Silver having retired, this matter was decided by a six-justice court. 3 SUPREME COURT

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