Nevada Supreme Court, 2016

In Re: Discipline of Robert Graham - Confidential

In Re: Discipline of Robert Graham - Confidential
Nevada Supreme Court · Decided December 9, 2016

In Re: Discipline of Robert Graham - Confidential

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADAF E IN THE MATTER OF THE DISCIPLINE No. 71849 DEC 0 9 201 OF ROBERT C. GRAHAM, BAR NO. 4618. c.

BY

ORDER GRANTING PETITION, SUSPENDING ATTORNEY, AND RESTRICTING HANDLING OF CLIENT FUNDS This is a petition by the State Bar for an order temporarily suspending attorney Robert C. Graham from the practice of law, pending the resolution of formal disciplinary proceedings against him. The petition and supporting documentation demonstrate that Graham appears to have misappropriated client funds entrusted to him and abandoned his practice without complying with SCR 115.

SCR 102(4)(b) provides, in pertinent part: On the petition of bar counsel, supported by an affidavit alleging facts personally known to the affiant, which shows that an attorney appears to be posing a substantial threat of serious harm to the public, the supreme court may order, with notice as the court may prescribe, the attorney's immediate temporary suspension or may impose other conditions upon the attorney's practice.

In addition, SCR 102(4)(c) provides that we may place restrictions on an attorney's handling of funds.

We conclude that the documentation before us demonstrates that Graham poses a substantial threat of serious harm to the public, and that his immediate temporary suspension is warranted under SCR

SUPREME COURT OF

-weo NEVADA

(0) 1947A IL:' 102(4)(b). We further conclude that Graham's handling of funds, should be restricted.' Accordingly, attorney Robert C. Graham is temporarily suspended from the practice of law, pending the resolution of formal disciplinary proceedings against him. Graham is precluded from soliciting or accepting new clients and from continuing to represent existing clients upon service of this order. See SCR 102(4)(d) (allowing attorney to represent clients for 15 days after service of the order "unless the court orders otherwise"). In addition, pursuant to SCR 102(4)(b) and (c), we impose the following conditions on Graham's handling of funds: 1. All proceeds from Graham's practice of law and all fees and other funds received from or on behalf of his clients shall, from the date of service of this order, be deposited into a trust account from which no withdrawals may be made by Graham except upon written approval of bar counsel; and 2. Graham and anyone else with access to the accounts, see NRCP 65(d), are prohibited from withdrawing any funds from any and all accounts in any way relating to his law practice, including but not limited to his general and trust accounts, except upon written approval of bar counse1. 2

lOur decision is based solely on the petition and supporting documents as provided by SCR 102(4)(b). Graham "may request dissolution or amendment" of this order by complying with SCR 102(4)(e).

2 This restriction includes, but is not limited to, the accounts held at City National Bank, Nevada State Bank, JP Morgan Chase, Utah Community Credit Union, Cetra Advisors, TINC Wealth Advisors, Pershing Advisor Solutions, LLC, and WBI Wealth Management that continued on next page. . .

SUPREME COURT OF NEVADA (0) 1947A The State Bar shall immediately serve Graham with a copy of this order. Such service may be accomplished by personal service, certified mail, delivery to a person of suitable age at Graham's place of employment or residence, or by publication. When served on either Graham or a depository in which he maintains an account, this order shall constitute an injunction against withdrawal of the proceeds except in accordance with the terms of this order. See SCR 102(4)(c). Graham shall comply with the provisions of SCR 115. The State Bar shall comply with SCR 121.1. 3

Parraguirre A, Hardesty

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. . . continued relate in any way to Graham's law practice or that hold funds belonging to his clients.

3 Because we grant the petition, this matter is no longer confidential.

SCR 121(5).

4The Honorable Lidia S. Stiglich, Justice, did not participate in the decision of this matter. This is our final disposition of this matter. Any new proceedings shall be docketed under a new docket number.

SUPREME COURT OF NEVADA (0) 1947A cc: Chair, Southern Nevada Disciplinary Board Robert C. Graham Lawyers West, Inc. P. Sterling Kerr C. Stanley Hunterton, Bar Counsel, State Bar of Nevada Kimberly K. Farmer, Executive Director, State Bar of Nevada Perry Thompson, Admissions Office, U.S. Supreme Court

SUPREME COURT OF NEVADA (0) 1947A

Case-law data current through December 31, 2025. Source: CourtListener bulk data.