admitted to practice in 2011, also failed to complete his required TIP mentoring program or pay his 2012 bar dues.' Pilkington did not respond to the complaint against him and did not appear at the disciplinary panel's hearing on the matter, and the case proceeded on a default basis. 2 The panel recommended that Pilkington be suspended from the practice of law for five years and one day, that he be required to pay restitution to the client whose divorce paperwork he never filed, and that he be required to pay the costs of the disciplinary proceedings. 3 This court's automatic review of a disciplinary panel's findings and recommendations is de novo, SCR 105(3)(b); In re Discipline of Stuhff 108 Nev. 629, 633, 837 P.2d 853, 855 (1992), and therefore, while the panel's recommendations are persuasive, we "must examine the record anew and exercise independent judgment," In re Discipline of Schaefer, 117 Nev. 496, 515, 25 P.3d 191, 204 (2001). In determining the appropriate discipline, this court has considered four factors to 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." In re Lerner, 124 Nev. 1232, 1246, 197 P.3d 1067, 1077 (2008).

The process server indicated that he made 11 unsuccessful attempts to serve Pilkington.

SUPREME COURT OF NEVADA (0) I947A Having reviewed the record, we conclude that the panel's recommendation is appropriate. Accordingly, Pilkington is suspended from the practice of law in Nevada for five years and one day commencing from the date of this order. To be reinstated to the practice of law, Pilkington must successfully petition for reinstatement, SCR 102(2), successfully complete the bar examination. SCR 116(5), and pay the restitution set forth above. Pilkington shall pay the costs of the disciplinary proceedings, excluding bar counsel and staff salaries, within days of receipt of the state bar's bill of costs. The state bar shall comply with SCR 121.1. 4 It is so ORDERED.

A--\t.t.tivatt • C.J.

Hardesty

ClAfit , Jr. Parraguirre

J.

Saitta

vv v , J Gibbons Pickering

SUPREME COURT OF NEVADA (0) 19(0A cc: Chair, Southern Nevada Disciplinary Board State Bar of Nevada/Las Vegas Thomas D. Pilkington Kimberly Farmer, Executive Director, State Bar of Nevada Perry Thompson, Admissions Office, U.S. Supreme Court

SUPREME COURT OF NEVADA (0) 1947A e