The hearing panel, proceeding on a default basis, determined that Wariner had committed all 114 alleged violations of the Rules of Professional Conduct, specifically: 18 violations of RPC 1.3 (diligence) and RPC 1.4 (communication), 16 violations of RPC 1.5 (fees), 17 violations of RPC 1.15 (safekeeping property), 5 violations of RPC 5.3 (responsibilities regarding nonlawyer assistants) and RPC 5.5 (unauthorized practice of law), 18 violations of RPC 8.1 (bar admission and disciplinary matters), and 17 violations of RPC 8.4 (misconduct). The panel found several aggravating circumstances: Wariner's prior discipline, dishonest or selfish motive, pattern of misconduct, multiple offenses, bad faith obstruction of the disciplinary process by his intentional failure to comply with the rules, refusal to acknowledge the wrongful nature of his conduct, the vulnerability of his victims, his substantial experience in the practice of law, and his indifference to making restitution. The panel found no mitigating circumstances and recommended that Wariner be disbarred and ordered to pay restitution.

Having reviewed the record of the disciplinary proceedings in this matter, we conclude that clear and convincing evidence supports the panel's findings that Wanner committed the offenses charged. See SCR 105(2)(0. We further conclude that the panel's recommended discipline is appropriately tailored to Wariner's misconduct. Despite Wariner's failure to participate in the disciplinary proceedings, clear and convincing evidence supports a finding that Wariner was properly put on notice of the charges and proceedings against him. Wariner was aware of the charges and chose not to defend them. We therefore approve the panel's recommendation that Wariner be disbarred.

SUPREME COURT OF NEVADA (0) 1.947A Accordingly, C. Andrew Wanner is hereby irrevocably disbarred from the practice of law in Nevada. SCR 102(1). Wariner is also ordered to pay restitution in the amount of $119,420.72 2 and to pay the costs of the disciplinary proceedings. SCR 120. Wariner shall comply with SCR 115. The State Bar shall comply with SCR 121.

It is so ORDE

C.J.

Gibbons

/ AA , J.

Pickering Hardesty

Parraguirre

Cherry Saitta

2 Therestitution shall be paid to the following clients in the indicated amount: Kevin Smith, $22,840; Jose Monzon, $7,136; David Langlais, $7,500; David Baudoin, $7,500; Amber Sena, $1,500; Mark Heimlich, $900; John H. Stout, $10,000; Carlos Ramos Guizar, $11,280; Ruben Martinez, $5,352.69; Daniel Dhondt, $13,830.50; Peggy Charles, $10,500; Jean Pierre Giron, $7,000; Mary Lou Henric, $1,800; Patrice & Regina Caillot, $2,081.53; Domingo Carrasco & Liliana Angulo, $1,200; Armi Cana, $500; Minnie F. Bernardino, $7,500; Chava Peebles, $1,000.

SUPREME COURT OF NEVADA (0) 1947A offt0, cc: David A. Clark, Bar Counsel C. Andrew Wariner Jeffrey R. Albregts, Chair, Southern Nevada Disciplinary Board Kimberly K. Farmer, Executive Director, State Bar of Nevada Perry Thompson, Admissions Office, United States Supreme Court

SUPREME COURT OF NEVADA (0) 1947A