12 14 12 No Numbers Stamped 0204 Order by Chair Echeverria Findings of Fact Conclusions of Law Seeking to Disbar Coughlin

7/27/2019 12 14 12 No Numbers Stamped 0204 Order by Chair Echeverria Findings of Fact Conclusions of Law Seeking to Di

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Case No: N20204, N120435 and N120434

TTE B OF NEVD

NOTHEN NEVD DPLNY BOD

STATE BAR F NEVADA,

Complanant,vs

ZACHARY CUH N, ESQ,Bar No 9473

Respondent

FNDNG OF FT ND

ONLUON O F LW

TS MATER ame before a esgnated Formal Hearng Panel of the Northe NevadaDsplna Board (the "Panel for heng on Wednesday, November 14, 2012 The Panel

onsste of ohn P Eheverra, Esq, Charman ay-Member Karen Peal, Stephen Kent, sq,

Clk V Vells, Esq, and Mhael K ohnson, Esq The State Ba of Nevada (the "State Ba

appeaed and was represented by Deputy Ba Counsel, Patk Kng, Esq he esponent,

Zahary Baker Coughln, Nevada State Ba No 9473 (the "Respondent or "Coughln appeared

pp p

FNDNG OF FT

Based upon the pleangs le, the oumentay evene amtted as Hearng Ehbts 1

though 16, and the testmonal evdene of the Honorable uge Bre Beesley, har Hll, Esq

Paul Eano, Esq, the onorable udge Dorothy Nash olmes, Zahary B Coughln, Esq an

ay Barer presented at the hearng of these proeedngs, the Panel makes nngs of fats as

follows

1 Coughln s an attoey lensed to prate aw n the State of Nevaa At all

vt ti prior to d t t of t in of t Complin in hi mar, Rpondn'

rnple oe, as led th the State Ba of Nevaa n aorane wth ule of Proessonal


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Conduc ("C) 79(1)(a), as os Oce Box 3961, Reno, NV 89505. See H aring Exhb I a0001, lnes 710 (Sae B of Nevada vs. Zachay B Couhln Esq Case No NGI2-0204, NGI2

0435, NGI2-0434, Complan a I (led Auus 23, 2012

2 Coul as admted as a membe of he Sae Ba of Nevada on March 25, 2005

See H aing Exhb 1 a 0001, lnes 7-8 (Sae Bar of Nevada vs. Zachary B. Couhln, Esq., CaseNo: NGI2-0204, NG12-0435, NGI2-0434, Complan a I (ed Auus 23, 2012

3. On Sepembe 9, 2011, Couhln shopled a candy ba and couh drops from a

WaMa soe appoxmae vaue of foueen dollas ($14.00). On November 30, 2011,Muncpal Cou Jude eneh R Hoard found Couhln uly of the oense of et Larceny, a

volaton of RC 8.10040 Couhln appealed the judment of convcon. On March 15, 2012,

the Honoable Dsc Cour Jue Seven . Ello armed he judmen of convcon o appeal.

See H aring Exhb 1 a 0002, 5, lnes 11-15; (Stae Bar o Nevada vs Zachary B. Couhln, Esq.,Case No: NGI2-0204, NGI2-0435, NGI2-0434, Complan a 2 (led Auus 23, 2012

4. Couln' conduc durn he of he pe lceny case on November 30, 2011,

hch Couhln appeaed in propria persona, as so dsrupve tha Jude Hoard found

Couhln n drec conemp of cou and senenced hm o jal ha same day o be released on

Deceme 3, 2011 a 800 M. Jude Hod speccally found Couhlns conduc o be

dsorderly and as ehe conemptuous o behavor nsolen oard the jude n ha Couhln

resed

...to obey decves of the Jude, connun lnes of qur aerben advsed by the Cour o refran from don so; demeann the Cort statemens such as WOW n response o cour rulns lauhndun tesmony and rhe quesonn the cour and s authory.

See H aring Exhbt 11, ODER OR SMMARY NSHMENT O CONTEMTCOMTTED I THE MEDATE VE AND PRESENCE O THE COURT, November 30,

2011

5. On June 7 2012, the Supreme Co of he Sate of Nevada, upon petton of Bar

Counsel for the State Bar of Nevada pursuat o SCR 111 ordered ol teor suspended

from he pracce of la n Nevada. The Order her drected tat te matter be refeed to te

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ill" into is qustions d statmnts wn suc prson was not rlvantto t procding and t dfndant ad bn ordrd to stop discussingtat dfndants disrgding t ruls of vidnc and cour procdurby continually posing improp qustions ar bing dirctd by t coutto proprly pras is qustions 7 dfndants continually accusing tcout of dnying im t rigt or ability to ask qustions and tlling tcou to giv m a list of qustions you want m to ask;" dfndantssuggsting tat cou tll m wat would mak you appy;" 9dfndants lying to t cot in rspons to dirct qustions posd by tcou wit rgard to is rcording t procdings and 10 dfndantsfailing and rsing to proprly xamin t witnss dspit numrousadmonitions by cou to stop rpating qustions misstating answrs

injcting irrlvant matria arguing wi t witnss andmiscaractriing t tstimony

earing Exibit 4 ODE IDIG TE DEEDAT I COTEMT O COT ADIMOSIG SACTIOS

T trial of t mattr was continud to Marc 1 01 Couglin faild to appa

and faild to contact t co to xplai or xcus is absnc owvr ar srving t vdayContmpt of Cou sanction and ar bing rlasd om custody Couglin fax-ld a -pag

documnt ntitld Notic of Appal of Summary Contmpt Ordr; Motion to t rsoal

oprty Conscatd by no Municipal Cours and Its Marsalls Motion for w Trial and to

Altr or nd Smary Contmpt Ordr" earing Exibit 5 ODE lins 19 Jug Nas olms obsrd tat t plading ld by Couglin faild to addrss

most of the topics lsted in the caption. Raher, she obseved, the document contained rambling

references to Coughlin's personal life, his fathersfootball career in college; dozens of pages of

strng citations taken from he inteet andother nelated references. Judge Nash Holmes found

thepleadingtobedisjointedandincoherent anda"pathetic demonstrationof whatmight once have

been legal andacademic prowessthat appears tonowbegreatlydamaged" See He ring Exhibit 5,RDER, P2, lines 9-15; P2 lines16-20.

10 Judg Nas olms also found at Couglin ar bing rlasd fom custody

ollowing t bua 7 01 Contmpt of Co inccration ld otr nonsnscal pladings

ncluding a 1 pag documnt


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pupod o b oh moio i hi ca id"Moioo R C ho Moio o S Aid Sa Comp Ordrad oic o Appa o Summa Comp Ord Wih ca

dicuio o, o rvac o, h abov capiod ma, ad docummo gu aga Judg Howad i a Dparm 4 ca ad agaicoa or ha 2 pag o ig ga ciaio ric o rock (ic)og M. Coughi poa am hio; dicuio o a vicoca d aoh comp ca dioid ga ciao ad ohoica mar ha hav o appa rvc o hi ac ciaioca

He ng Ehibi 5, ORDER, P, i 11-19.11 A obvig ha Coughi coduc had b iappropa, bza, dho,

iraioa ad diupiv, Judg ah Hom cocudd, b ca ad covcig vdc, ha

Cough had commid umrou ac o ao micoduc, cudig, bu o imid o,

vioaig Ru o rooa Coduc .4(c), 8.4(d), .(a), .1, .2, 4(c), 1 ad 1.1.

Hear ngEhibi 5, ORDER, ,, i 2526 4, i -212 Judg ah Hom a cocudd ha Cough vioad vada Supm Cou

Ru 229, cio 2(b), a amdd b ADKT 449 o Augu 1 211 b upiiou rcordg

h rac cou procdg wihou advac pmiio ad ig o h cour wh uiod

egarding thematterby denying that he haddone so. SeeHear ngExibitS, ORDER P4, lines24-28.

13 Judg ah Hom ordd, amog oh ordr, ha h rac cou mar b

cod ad rcdig rag o rac cot atr b od pdg rr o h

ma o Sa Ba o vada Hear ng Ehibi 5, ORDER 4, i 7-I814. O March 14, 212, Judg ah Hom rrrd ma o Coughi o Sa Ba

Counsel DavidClark and suggesed he mae had some gency. S HearngExhbi 8, Leterdated arch 14, 2012 from Reno Municipa Cou Judge Dorothy Nash Holmes to Oce of State

Ba Counsel, Nevada Sae Ba.

15 Judg Hom d a h harg o hi dicpar ma ha o h

pupo o hr March 14, 212 Od wa o provid h pa o har hi ma wh c d

convincing vn, bad on r xrin and bakground a ay pcu d judg


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that ouglin ad violated numeous provisions of he Nevada Rules of Professiona onduct

ranscrpt of Proc dings Wednesday November 4202P 37L 22 P 38 L .6. Bauptcy Judge Buce Beesley was called to tesi at te hearing of tis

7 Judge Beesley bece conceed woe a leter to the State Bar eplaining is

eperience wi oughlin and indicated that he did not elieve oughlin in his current state was

able to adequately represent hs cliets Trscript of Proc dings Wednesday November 4202P 3L 24 P 4 L 7.

8 n Judge Beesleys opinion oughlin is not competent to practice law

Transcrpt of Proc dings Wednesday Noveber 4202P L 5 State Ba ounse aed attoey Rad H o st a he an o hs mater:

Hill has been a member in good standing with te Stae Ba of Nevad for 33 yes

Trnscrpt of Proc dings Wednesday November 4 202P 36 L 22 P 37 L 4 Mr Hill wasretained by Dr Merlisso assistDr. Merliss in a landlod enant dispute wihis tenant Coughlin

See ransrpt of Proc dings Wednesday, November 14, 2012,P 37, L14 - 20. r HillrepresenedDr. Merliss in RenoJusice Court and Washoe Couny Disrc Cour and wo appeals o

he Nevada Supreme Cou in he matters involving Dr Merliss and Coughlin. See Transcript ofProc dings Wednesday, November14,2012,P 39, L 3 - 24. Mr Hill has alsoreviewedflings ina case in which ouhlin is invlved wh h L Transcp oeedingWednesday November 4202P 3 L 25 P 40 L 3.

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20. n the evctn proceedng beween D. Merss and Coghln Mr Hll's

obtaned evcton order allowng Coghln one week to vacate the premses Ultmately

Coghln faled to comply th the evcton order and wa convcted of crmnal trespass

Trscript of Proc dngs Wednesday November 14, 2012, P 41, L 18 P 44, L 12.21. On behalf of hs clent r Merlss Mr. Hll soght and obtaned an order n favor of

Dr Merlss and aganst Coghn awardng Dr Merlss attoey's fees n the amount of $42,065.50.

Washoe Dstrict Cou Jdge Patrick Flanagan entered the order on Jne 25, 2012. Transcriptof Proc dngs Wednesday November 14, 2012, P 47, L 3-7. H aring Exhbt 2, P 3, L 101.The moton seeking atoeys fees was based on Coghln's condct n the defense of the evcton

matter, whch condct was chactezed as rvolos and vexatos and presmably so found b

Jdge Fanagan. H arng Exhbt 2, P 2, L 8-13; P 3, L 4-11.22. Based on Mr Hll's experence and backgrond hs revew of the pleadngs n the

lt gaton between r Merlss and Coghln and hs revew of the pleadngs n Coghlns ltgatonwth Washoe Legal Servces Mr. Hll s of the opnon that Coghln s not competent to practce

law. Transcript of Proc dngs Wenesday, November 14, 2012, P 39, L 1 1223. Based on Mr Hlls experence n ltgatng wth Coghln Coghln was not

trthfl wth ether consel or the cour Transcrpt of Proc dngs Wednesday November 142012, P 53, L 6 16. Hll felt that Coghln's lngs were absve, at one pont callng Mr

Hll's assocate a lchen Coghln has accsed ll of brbng the Reno Polce epartment to

have Coghln arrested Mr. Hll's sta s terrorzed by Coghln Transcrpt of Proc dngsWednesday, November 14, 2012, P 54, L 4 15.

24. State Bar Cosel called aoey Pal Elco to test at the hearng of ths mater.

Elcano s the exectve drector of Washoe Legal Servces that provdes legal servces to

ndgents. Transcrt of Proc dngs Wednesday ovember 14, 2012, P 88, L 25 P 89, L 14.Coghln was employed by Wahoe Legal Servces from Agut 29, 2007 to May 11, 2009.

Trascrpt of Proc dngs Wednesday November 14, 2012, P 3, L 17 - 20. Mr Ecano becameaware of an order entered by Jde ardner on l 0 009 in e maer of Joshi v oh nd, a

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a esu eviewed he aped anscipt of he heaing Tanscipt f Poc dings WednesdayNovembe 14 21 2 P 94 L 22 P 95 L 6

25 Judge adne's ode in he Joshi mae indicaed ha oughin had conduced no

discovey in he case and faed o pesent any docmenay evidence a he ia of he mae on

behaf of his client Ms Joshi H aing Ehibit 3 P 12 L 4 6 Ae commening on vaiousnegaive aspecs of oughin's epesenaion of s cien Ms Joshi ( H aing Ehibit 3 P 12L 9 P 13 L 4 Judge adne specicay hed

The mos oubling aspect of his case was M oughins de sacasicand disespecl pesenaion a ial M oughlin's inabiliy oundestand a baance shee; his failue o conduc discovey; and his lack

of knowledge wih egad o he es of evidence and ial pocedue Allof s was compounded wih a coninuously anagonisic pesenaion ofhe case ha esuled in a shi fom a fay simple divoce case o aconenious divoce ial lasing an ecessive amoun of ie

H aing hibi 3 P 13 L 5 1 26 Judge adne sancioned oughlin pesonaly and awaded aoey's fees o M.

Joshi in he amoun of $934 o be paid pesonally by oughin wihin 3 days of he ode

H aing Ebi 3 P 1 3 L 1 4 1727 Based on he ode and oughin's conduc in he Joshi mate oughin was

eminaed by Washoe Lega Sevices Tanscip of Poc dings Wednesday Novebe 14212 P O, L 7 8

28 In M Elcanos opinion oughin is no compeen o pacice law. Tansciptof Poc dings Wednesday Novembe 14 21 2 P 94 3 8

29 Sae Ba ounsel caled oughlin o esi a he heaing of he mae oughlin

was quesioned wih egad o a lee daed Febuay 14 2 1 2 fom Assisn Ba ounse King o

oughlin in which Ba ounse foaded o oughin coespondence eceived fom Rchd

Hil Tnscip of Poc di Wednesday Novebe 14 212 P 13 L 1 3 P 164 L 23 H aing Ehibt 6 oughlin's esponse daed Mach 9 212 sked fo addiiona ime inwhich o espond H ng Ehibi 7. No evidence wa rntd tt ou btveyesponded o B ounsels lee of Febua 1212 pio o he ling of he oplain in his

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mater. Coughlin failed to directly respond to Bar Consels questions inquirng i Coghlin ever

subsequently responded to Ba Counsel's letter o Feuary 1, 2012. See Tanscript oProceedings Wednesday, November 1, 2012, P 169, L 1 3 -P 172, L 16

30. Coughlin also ailed to directly respond to questioning regarding whether or not he

had sbstantively responded, prior to the ling o the Complaint in this matter to a letter orwrded

to him rom Ba Counsel regarding the leter received y the Nevada State Bar rom Judge Dorohy

Nash Holmes and dated Mach 1, 201 2 See Transcript o Proeedings Wednesday, Novemer 1,2012 P 17, L 1 3

- P 180, L See earing Exhibit 83 1 On Marh 72012 Coughlin caused to be led an "Adavit o Poverty in Suort o

Motion to Proceed Iorma Pauper." See earing Exhiit . In his Adavit oughlinrepresented that he was selemployed as a "Jak o all Trades See ering Exhibit 9 TheAdavit does not identi Mr Coughlin as a layer or ienti ay income om the racice o

law See eang Exhibit 932. The reord also indicates that Coughlin had also led a motion on Novemer 1,

0 1 1 to oceed i Forma Paueris in ase number 1CR 22176 pending in the Reno Mnicial

ou before Judge Kenneth R Howard See earing Exhibit 10. Judge Hoards Order denyingCoughlins motion specically noted that Coughlin's "adavit of ovey did not identi any

income om the practice of la yt Coughlin had imlied to te our when sentenced to

iarceration for contemt tat his incrceration wol aversely aet his clients. Se earingExhibit 10, P 2, L 1 9 23

33 Although oughlin claims to suer the impaiment o atention decit isorder, or

whihheisrescred medicationand whihmedication hetookonthe dayofhis hering,he does

ot feel he needs ny aditional hel. See Tranc rpL9JP rocedings Wednesday, November 1 4,202 P , L 3 -P 20

34. On August 23, 20 12 the State Brof Nevada ed its Complaint in thismatter ad

seved it upon Respondent oughlin byCetiedMailtohisaddess thenregisteredwiththe State

Bar ofNevada. See leadings DocketComplin

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35. Not avg eeved espose to te Complt, o Octobe , 01 te te

of Nevad led and seved o Respodet Coughl, by ceed ml, a "otce of Itet to

Poceed o Defult Bass. Te Notce attaced a ddtoal copy of e omplat d

ndated hat unless a esposve pleg to the Complat was eeved by the State Ba by

Octobe 24, 20 12, he me would poceed o default bass Pleadins ocket Notce ofIntent to Poceed on a Defult Bas

36 O Otobe 3 1, 20 12 Pael Cha Ehevea ssued the Panels Ode deyg

Cougls "Moto to Dsmss led Octobe 16, 20 12; eyng Coughls "oto o Ode to

Show Cuse Regadng Impope Atempt by Ba Cousel nd, Possbly, D to Delay ad

Obsuct Heng Requed by Couts (s Jue 7, 20 12 Ode n Cas No. 60838 and Coughls

SR 102(4(d Petto Case 6 1426 led Octobe 2, 20 12 Gantng ouglns oto to

Revew ad Ispect Ba Reods ed Otobe 16, 20 12 and Denyng oughlns oto to

Bfucate Heag ad Moto to Dsmss fo (s Complnt (sc Falue to Sucently Stte the

hages wth Speccty ad Suppot and fo Utte Flue of Ba ounsel to Pefom Resonable

Ivestgato Pleadins Docket, Ode Dated Octobe 3 1, 2012. In tht Ode, maEchevea the odeed that the Fomal Heag would poceed o defult bss unless

Coughl led a Veed Answe to the Complant by Novembe 9 2012 Pledins DocketOde Dated Otobe 3 1,2012,P 2, 7 10

37 Aga Nebe 20 12, Chaa heve, a Ode Gntng he State

Bas Moto to Qus cea Subpoens emnded oughln tht uless a Veed Answe to the

Complnt was ed by 5:00 p.m. o Novembe 9,20 12 the panel would poceed o a defult bass

Pleadins Docket Ode Dted Novembe 7 20 12, P 2, 8 1338 Followg lengthy ttempt to detemne whethe o not Coughl beleved e had

led a tmely veed answe o response to the State B's Complant, Coughl ttempted, at te

eang of the mae, to tasfom pleadng pevously led n the Reno Mcpl Cou to

"New Veed Respose (sc Pe-Heang Moto to Dsmss/Say Judgment, Memoadum

of Law Hearing Exhbt 14) ad to tasform an "Emergecy Ex M iss .. pevously dated Novembe 12, 20 12 and alteed at the heng to eet a dte of Novembe 14,

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202 no a Delaon and Vered Response." H aring Exbs 15 and 16. TrascriptofProc dings WednesdayNoveber 202P 24L 1 6 P 270L

39. Durng e ourse of he heng of hs ater Coughln onnued o deonsae apate of ondu sl of no dena oondu n other forus for whh he had repeaedly

been sanoned Trnscipt of Proc dngs WednesdayNoveber 202. Pleadng n hsaer led by Cougn were exeedngly lenhydeonsaed a lak of fous d undersndng

of e ssues nvolved were rblng ad noheren d onaned dsusson of rrelevan ssues.

ee e. Heng Exibits n . al Pleangs Dockt "Moon for r o howCause . " daed Oober 220 1 2; Moon o Revew d Inspe B Reords . ." Fled Oober 16

02; Pleadng enled Well Would You Loo a a . " ded Noveber 7202; Eergeny

Ex Pae Moon o sss or Quh .. " Fled Noveber 1 202

0. Coughns ondu a he hearng nluded ondu no reeed n he srp of

e proeedngs by way of faa gesures body languge voe nonaon and volue.

rscpt of Proc dings WednesdayNoveber 12012P 8L 9 P 1 82L 1 .

ONLON OF LW

Based onthefoegoing Findings of Fact, Pelereby issesthefollowng Conclusions

of Law

(A) The Pel was desigated by e noherNevaa Discipliny Bod C to

ajuicaee Complan led by te Se Ba of Nevada agnsZachB Coughn,ase os.

NG2020, NG12045 d NG12-0 and o deermne e exen of e dsplne o be

posed pusuan o eNevada Supree Cou Order ofTepory Suspenson nd Refer o

Dsplnry Board enered n Cse No 6088,Ine MaterofDsplne ofZah B. oughln,

Esq.,BarNo 9473,enered June 7,2012

B The Pel as uson over the Responden ad e subje mater of ese

proeedngs. See Nev Sup C. R 99.

(C) Venue inths maer is prperlwith heNoheNevada Disciplna Boad andin

e Cou of Wasoe,SeofNevaa Nev Sup. C. R. 05

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(D) Coughln receved otce an a copy of the Complant, noice o hs right to respond

as well as noce of e evidence nd wiesses upon which he State B intened to rely at a foa

hearing. Notce of the formal heng w seed on Coughlin Coughlin appeared n he maer,

ed numeu motons apared at he heaing of the maer, css-examned iesses ad tested

on behalf of the Sate Ba and on his own behalf Accordingly he Sate Bar compled wih he

procedura requemens of SCR lOS.

E Coughln was aorded ample oppory to prepe a veried aswer or response to

the alegaons of he Complaint and faled to tmely do so Findngs of Fact 34 3S n 36Accordingly he maer could proceed on a efault basis an the allegaos of he Complaint eeme

adme SCR 1S2 Nowsdng the fact hat he maer coul have been decded on a efault

basis he Pnel pemtted he Ste Bar nd Coughlin to present evdence

(F)

Counsel)

Tribnal)

Submie to e pel for decision are the following ssues:

(1)

2

(3

(4)

S

(6

Wheher Cougln volate RPC 1.1 (Competence)

Wheher Coughlin violated P 12 (Dilgence)

Wheer Coughlin volated PC 31 (Mertorious Clams d Contenions)

Wheher Coughln violated PC 33 (Cdor to te Tribunal)

Weher Coughln volated PC 34 (Faess to Opposing Pty nd

Weer Col voate C 3 (Impaal ecom o e

7 Wheer Coughli volate PC 3SA (Relatons wh Opposng Cousel)

(8 Wheer Couglin violated PC 41 (Truhlness in Statemens to Oers)

(9) Wheher Coughli volated RPC 44 (esct for he ghts of Thrd Pesons)

10 Wheher Coughlin volated RPC 81 (Dscipli Maers)

(11 Wheer Cougln violate RPC 82 (Judcia n Legal Ocas)

Weer Coughln ioated RPC 84 (Msconduct)12

The extent of e dsciline to b impo puruat to SCR III a result of(13)

Coughln's convicton of he "serios cme of Pett Lrcen

] 2


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G) The Stae B mus prove by cle and convincng evidence ha Cougin violaed

RC11'1231, 3334354144 5A (sic),818.2and84 See NevSup.CR 105(2)e); In

re tf 108 Nev a 633-634, 837 P2d a 856; Genle v Sae B,106 Nev 60 62787 P2d386387 (990

Comtnc(H C ses A lwye shl povide comen epesenion o clien

Compeen pesention equies he legl knowledge sk thoouhness nd pepion

esonbly necess fo e epesentio.(I he ecod clely nd convincingly estblishes t Cougin lcks the comency

o epesen cliensincluding hmsel

J Fisthe ecod demonses sevee ciicism by he il cout in the hndlg of he

Joshi me incuding Coughlin's lck of ndesding of blce shee his filue o conduc

discoveyhis lck of knowledge of he les of evidence nd il pocedue. ' 25(K) Second Judge Beesley esied the pledings led by Coughin on behlf of his

clien bnkupcy cse wee"lenhy didn mke ny sene nd jus so of bled hough

e del o ielev stu. Judge Beesley so esied Cougins pledings d uens

on behlf of his clien "didn mke y sense. ' 6 Judge Beesley bece conceed

enough bou Coughin's compeency s lwye th he contced he Ste B ' 7

(L hid Judge Nsh Holes quesioned Couhin's compeency s le nd in he

Ode ding Coughlin in Conemp of Co noed h Coughli disegded he les of evidence

coninully imposed imp quesions filed o popely exmine winessesepeedly sked he

sme question missted nswes injeced ielevn meil gue with wesses nd

schceized estimony. ' 7

(M o Judge Nsh Hoes fond Couglin's pleings filed o dess opics

lised in e cpion conined mbling efeences o Couglin's sonl life nd ohe ielev

eiwee ovely lengthydisjoined nd incoheen. ' 9 & 0

Fih Sa B cled two udes nd two cicin oes ech wi

signcn expeience wih Coughlin nd ech of whom endeed expe opinion egding

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Cougln' copeency a a lawye Judge Beeley eed a n opnon, Cougln wa no

copen o pacce law 8. Judge a Hole eed a n e opnon Cogl

volaed nueou Rule of Pofeonal Conduc ncludng lack of coeny o pcce law

5. oey Rcad Hll alo ee a n opnon Cougl no copeen o

pacce law. 22 oey Pal lcao wo once upeved Cogln a a lawye and

ulaely enaed o Waoe ega evce,al eed a n opnon Cougln

no copeen o pacce law 28

() e ecod eale a Cougln oeed no ee onon o evdence a oh coency

Dilignc(P RC 2 ae lawye hall ac w eaonale dlgence and ope n

epeeng a clen

(Q) Te ecod le cle a o wee o no Cougln volaed RPC 2 on oe

on occan

(R Judge owad n e Jo cae, ceanly foud a Cougln fled o conduc

dcovey on ealf of clen n a ae 25

( The ecod and Pleadng Docke n h cae eal a Cougln faled o ovde a

veed eponve pleadng even n e deene of own dcpln acon 38

( 1 The record d Pleadg Doket in h se estabish hat Coughlin habitually fl

nueou,uely and eeve oon

Mrtoro am and ontnton

RPC 3 n penen pa ae lawye hall no ng o defend a poceedng o

ae o conove an ue een, le hee a law and fac fo dong o ha no

fvolou whc nclude a good fa aguen fo eenon odcaon o evea of exng

law

(V) Te ecod clealy ad convncngly eale a Cougln conouly and

repetitivelyfles ielevt leadings. lead ueated to h iss had ad connoly d

evely njec elevan ae no oceedng

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W) Judge ash Holmes ound o example that Coughlin epeatedl injected alegatios

o bibe peu and police etaliation in a simpe c ce involvig the ailue to stop at a sto

s 7 She so ound hat Coughin epeated njected attoe chad Hil into quesionsand statemens when Hill was n no way invoved n the c ciation ia. Supa 7 She aso

od that pleadings ed subsequent to Couhins ncceaion wee engthy moe than 200 pages)

contained sct discussion o, o elevnce to, the mate and contaned eevant discussion o acts

eated to the poceedings at hd 0

X The ecod esablishes hat in the eliss eviction action, Coughns conduct w sovexatious and ivolous as to esult n substtial sction o atoes ees. 2 H axhibit 2, P 2, L 8 3 P3 4 .

(Y) The Pleading Docket i ths mater estabishes alsothat Coughlin's lings, even inhs

own defense of the discipliny mater inject lengthy ireevant cts d lega issues nto this

poceeding

andor o Tribnal

Z) C 33a states A awe shall not knowngy: make a alse statement o act

o aw to atibuna oailto coect a false statement ofmateal act o aw peviously madeto the

ibunal b the le."

(AA he ecodceand convingestalishes thatCoughnvioatedC 33a)()

when h lie to Jude Nash Homes as to whethe o no he was sueptitously d wihot

missiontoecod hepoceeding 7 Onote,Coughlin dinot denhathehad liedto

JudgeNash oles. Insteadhis coss exmnation ofJudge ash Homesfocused onhowshe had

eedof eue facs. STranscipt of Proc dings Wednesday, November 14, 2012, P139 , LP 4 L 4

(BB) Aoey Rchard Hi testied at based on his experience n litgating with

Coughlin, Couin wasnot tuthl theie counsel o theCou. 23

(CC) The record also estabishes that Coughlinwas ess han cadid wt the Cot in

two searate aications to roceed in forma pauperis, when he aied to dscose hs te

occupations an attoedinstead indcated he was sef-empoedas a"ack of alradesand

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faled de any ncme m he pracce f law aer havng represened he cur ha hs

ncaceran wuld adversely ec hs clens Supra 3 2

Fa to Oping Pa and onl(DD C 34(c saes A awyer sha n (knwngly dsbey an bgan under he

rles f a bunal excep fr an pen resal bsed n an aern ha n vald blgan exss

(EE The rec cley and cnvncngly esablshes Cughn has a ce d

cnnng pae f nwngly ng and dsyng nscns frm he Cr.

(FF) n hs Order f nemp Judge Hward fun ha Cughln resed beydrecves f he Judge d cnnued nes f quesnng er beng suced rean m dng

s Supra 4

G Judge Nash Hlmes n her Order f Cnemp fnd ha Cughn ncessly

gued wh he Cu neped he Cur repeaedly resaed maers aer havng been

dmshed rean m dng s dsregded drecves sk prpery phrased quesns nd

dsbeyed nerus admnns by he cu sp repeang quesns mssang nswers

njecng rreevan maeral agung w he wess d mschracerzng esmny. Supr 7

H The rrp f he heng n hs mer cey demnsaes ha Cughn

repeaedy d ncessnly errps wesses cunsel Pne members d Pane Charm and

reses d dmnns ren m dng s. See geneay Transcipt f roceedingsednesday Nvember 4 22

Imartili and Dcorm of rbnal( RPC 3(d saes "A awyer sha n engage n cnduc nended dsrup a

bunal

(J The dsrupn mus have ccured n he cu One c dsp a buna

wh cnduc usde f he cum n re Mchael S 8 Nev 629 8P2d 83 (992

K The recrd vehemgly cerly nd cnvncngy esbshes ha Cughn

eaedly cnducs hmsef n a anner ha s dsrupve f he bunal whe n he curm

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(LL) T vious ordrs of contempt or imposing sanction issued by Judges Kenet

Gdner, LindaGadr Doroy Nas Holms ad Parick Flag eac dscri a similar pat

of conduct and bavior ais intntionay disrptiv ofibna. Supra 47, 1021 ad 25

(M T ncript of th procdings i is matter revea a continuon of a simil

patte ofconduct by Cougndpt hs avg bn sconedic an adversawd of

atoy's fes ad twic by incaceration. Seegeneraly Transcript of Proce dings Wedsday,Novmbr 142012

Relaos with sing Counsel( RC 3Astats "We aayer nows orreasonaby sould knowhe identiy of a

ayr reprsentigan opposing pary, or s soud not e dvanag of e awyer by causing

any defaut or dismssa to b ntred wiout Ist inqirng about t opposig lawyr's itntio to

proced."

()ltoug e St Ba ped a vioation o RPC 5A i its Complaint, no vidnc

wa presented tat Cougin vr violated th rle. Accordingly Pe nds tat Stat Ba

aild t met its bd of proof on his issue as an evidentiy mater but nds at as a mar of

dfaul e vioation may b deemd admtted

Trufulness n Saemens o Oers

(P) RPC 4.1(a) sts"In thcourse ofrprseting a client a lawyer shanot knongly:

(a) (m) aalse sttemt of matera fact orlaw ta hid prson."

(QQ) Atoug evidnc stablisedatCoughinknowigy madefasstatements to

Co nd Couns (Se (A), (BB nd (CC o videce was preseted hat Cougi

knowinglymad asstatements o matrial act or la to a hirdprson. Accordingy e Pnel

dsthat h SatBafaild to met is buden ofproof on this issus a videntiay maerbut

ds at as a mater of dfault vioation may bdemedadmted.

Respect for e Rhts of Trd Persons(RR) RPC 4.4(a) sts 'Inrprsniga client, a layer shal not us means hat hav o

substtiapother tha oembaass, delay or burden athrd pron."

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The record estabishes ceary and convicigy hat i he Meriss evictio actio

Cough coducted imsef i a me hat w abusive exatiou ad for purses of deay Te

matter a simpe evictio actio that appenty asted through severa poceedings at he

Mcipa Cout eve appea to the District Cour ad two appeas to the Nevada upreme Cout

d wch aso rested in Cougi's covicio for crimia espass 19 ad 20

Coughs coduct i te preedigs w so egregious that Judge Fag ordered Coughi to pay

Dr Meriss $200 mount that is sti upaid 21

I The record aso estabishes that Coughi habity proogs proceedigsecessariy; es egthy ireevt osesica peadigs requig cou sa d couse to

sped ecessy eort in evauag ad/or respodg to he peadigs 7 8 9 10 11

1 21 2 27 9 d 0

Dsca Mars

C 81b provides i pertient part " . .a awyer . i coectio ith a discipiy

matter sha ot: b . owigy fai to respond to a aw demad for iformatio om a

amissions or discipiary auhoriy "

V The record ceary d covicigy estabishes that Cougi oigy faied to

respod to he ate B's request for foatio i the discipi proceedig d faied to imey

e a requed veied resposive ser or peadig to te Compat

W First Coughi sked for etesio of tme to respd o he eer of eb 1

20 2 regdig te Richad Hi Compaint d the fed to respod at a 29

X ecod Coughn faied to espond to a subsequet etter from he tae Ba regadg

he Compait ed ith the B by Judge Na Homes 30

Y Third Coughi ignored CR 102 he he faied to timey e a vered respose

or swer to e Compa despite severa wigs to do so. 3 7 8 Coughi

compded tis vioatio whe he atempted durig the course of the hearig i this matter to

asfom a peadig previouy ed i Reo Mcipa Court ito a "Ne Veed Respoe sic

Pre-Herg Motio to ismsuar Judmen Memordm of Law b cross out the

rgia captio d hdwitig he ew capio 38 Cougi aso atempted ig e

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earing, to ransform a pleading he had led he day before the heaing entitled "Emergency Ex Pte

Moton to Dismiss . . by handwring he words Declaration and Vered Response . onto te

capton ofthe pleading. ' 38Z) The conduct descid herei not ony demosrates a lack of cooperaion th the

State B bu a lack of competency well.

Jdcal and Lgal Ocal(A) RPC 8.2a) sates A lawyer shal not make a stateent hat he lawyer knows to be

ase or wth reckless disregd a t it t or falsity conceg e quaication or integriy of udge adjdicatory ocer or public legal ocer

BBB) Ding the corse of the heing Coghlin accsed Jdge Nash Homes of lying

ring her tesiony Coughin has expressed siil views conceg Jdge Nash Holes

ious pleings ed in this proceeding as well others Coghlin aso ered other

erogato rerks about ious judges with whom he has nteracted

CCC) The State Bar presented scnt evidence on this isse d no evidence om which the

ane cold concude hat he expressions were kowingly false s opposed to expression of

opinon While the conduct displayed is n te view of the Pel reprehensible he Pel concldes

hat e Sate B faled to meet is brden of prof on he issue as an evidenti maer but ds hat

s a mater of efaut he violation may be deemed admited

Mscondct

DDD) RPC 84 provides i peinent ps):It is profession miscondct for a lawyer to :(a Violateoraempt toviolate theRulesofProfessioalConduct .

(b) Comit a crimnal act hat refects adversey on he awyer's honesty,

stworness or tness as a lawyer in oher respecs;(c) Engageconduct involvingdishonesty, aud, eceitor misrepresenttion;

(d) Engageinconduct that is prejdiciato theadinstrationofjstce.

EEE) ThePleadings, HeaingExhibitsdTranscipt of theseproceedingsovehelmingly

clearly andconvincingly establish a repeated, lenting nd obstinate patte ofisconduct by

ResondentCohlin evcinnumerous and reeatedviolations of severa rvisionsofRC84 in

violation ofC 8.4a

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(FFF) Coughln was convicted of petit laceny on Novembr 3, 21 1 , a violation of RC

84(b) Such violation is sucient alone to igger aplication of SCR 1 1 1 e Nevada Suree

Cor referred te matter to te apprpriate dsciplinary anel for a deteination of e extent of

punshment at should follow om he convicion 5

(G) Te record also establises tat Couglin was convicted of crinal trespss in the

prolonged eviction proceedings involvng Dr Merliss, a violation of RPC 84(b) 20

(H) The Complait n this atter alleges tat Coughin has been ested and is awating

ial on a eny cge nvolving a cell one nd on a cage of absing 9 1 1 emergencypocedres However, no evidence was presented on tese chages but as a maer of default the

allegations ay be deemed ditted and would constite additiona violations of P 84(b)

(JJ) The record, s descibed at length aboe establises seveal violations of P 84(c).

See A BB) (CC) , BBB) d (CC)

() Te entie record in ts mater is relete wt snes demonsatg tat Cougs

conduct is rejudicia to the adminisation of justice ougin been repeatedly snctoned

moneily d b way of incceation for s conduct, repeatedly ed lenghy ielevnt and

nonsensica pleaigs requig sas, cous and counsel to exend needless and unecessa tie in

responding to sch pleadings, s repeatedly dispted proceedings and faled to follow inscions

nd adonitions of he cous Te record establishes that e patte of conduct continues desite

e sere sco amistered ad contues u to ad dg te discilny rocess d eng

of this mater

The Extnt of the Diciline to be . imosd ursuant to SCR 1 1 1 A a Rsult oCouli onvcton of the "Srou rm of Ptt Lrcny

(LL) Te maer of he referl om the Supreme out ws considered in connction wt

e allegations in e olaint ed by e Sate Ba ile e conviction at issue in te Supree

Cor Order of June 202 ay not aon waat e disciple recomended n s Pels

recomendatons, ten s a wole ad n conjuction wt te umeou and repeated oer

volations o e es of Profession Cduct, wt h Pel' ve he dcpe

recoended erein

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DESON ND EOMMENDON

In assessing the on o discipline to recommend the Panel ha accounted or a nmber o

aggravating nd mitigating actos tha mus be considered he Panel nds that te tate Ba ha

shown by cle and convincing evidence te presence o at least eight o the eleven aggravating

circumstances to be considered in accordance with he provisions o R 1025(1)

First while there have been no oa prior disciplinary proceedings by the tate B the

record establishes hat oughlin en disciplined by way o sanctions on at least our prior

occasionsecond the record reects at least with respect to the Merliss mater d te two crina

ials that the patte o conduct was or selsh reaons: to presee unla tenancy and to delay

and prolong crminal convictions

hrd the record clely d convincingly establishes that the patte o misconduct is

consistent nd includes witout lmitation the disption o the proceedings; the resa to heed thedrections and admonitions o the cour the injection o irrelevant materia nd matters e ling o

lengthy, rreleant nd nonsesical pleadings; e willngness to lie to court nd consel and the

iabili to understandd ollow therules ofevidence d prcedure.

Fort,the record cleland convicinglyestablishes that Cougnhascomitted multiple

violatons ofeRlesof Professional conduct as more lly discussed above.

Fih, te record clely d convincingly esblishes tat Couginengaged ina bad fait

obsuction of the discipliny processbyfaling tole the pleading required by SCR 105(2) and

instead ling several lenghy, irrelevant and nonsensical pleadings, mosty pleadings led in oher

matters, d reledin thedisciplinary actin under asimilar but diferent capion. In some instances,

Coughlin simply cossed out the case name nd hand wrote the nes o the paries in the

disciplinaryproceeding

Sixth, the record clearly and convincingly establishes that Coughlin has resed to

acknowledge the wrongl natre ofhisconduct despitehavingen sanctionedon at lestou prior

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Seveth, the record clearly ad covicigly establishes at Coughli has show a complete

dierece to mg restituto d has so f iored orders to do so

Eighth, the record clely ad coicigly establishes that some of Coughlis miscoductivolves illegal coduct t evces ud ad ishoesty For eample, he was covicted of oe

sce of tit ley ad is awtg ial o a secod

e Pael ds few potetially mtigatig factors to be preset Wile the Pael tha

here is a lack of prior public disciplie by the State B he Pael otes hat Coughli ha bee

ublicly rticed i the oshi matter, has bee heavily sactioed w a adverse award ofsubstatial atoey's fees the Merliss mater, ad ha bee icarcerated at lest twce for cra

otempt of court Although there has e a absece of pror public isiplie by th State B

ere have bee multple isces of udicial cesure d sactio

Altough Coughli suggested at the hearg that he may have persoal or emotioal problems

r a eta disabili, he deied that he eeded her help Furhermre o medical evdece was

reseted regardig the potetial mpact of a metl disabiliy o evidece hat he disability was e

ause of the mscodct, o evidece of recovery by rehabilitato ad o evdece that a recovery

ested the miscodct d that a recurrece is ulkely to occur

These potentially mtigatng factors e weak at best ad do not excuse ewell established

umerous d epeated violatons of the Res of Professional Conduct d do not outweigh the

aggravatgcrcumstceetablihed ovehelmnglyby he Stte B.

RECOMMENDIONS

he Pael recommeds that the Respodet ordered

1 evocably disbad by e Supreme Court Wle evocable disbarmet is clely

the harshest fo of disciple, e uusual crcumstaces here, comuded by the repetitve ae

of the mscoduct pror to ad eve duig the discipliary process ad hearg, clearly warrt e

level of pushmet recommeded

2 hat his tempor suspesio be cotiued dg al resoluto of this matter

3 With e 3 da of he eective date of disbarmet to demoste to Br

Cousel that he has placed all s Nevada cliets wth oter cosel oterwse cocluded e

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epesenaion o w e asssance of Ba Conse heeae aempe o expeiosy a any

emaning clen ing new conse

(4) To pay e cos assocae w hese poceeings psan o SC 120

ATE TEE is ( y of eceme 212

A ESQ Cha

vaa scpay Bo Pe


24/24

CERTIFICATE OF SERVICE

he undersgned hereby certies that a true and correct copy of the foregong Order was

deposted in the United States Mail at Reno, Nevada, postage fully pre-pa thereon for certied and

rst class mail addressed to the following:

Zachary B Coughlin E 9th St.Reno NV 89505

DATED ths th day of December, .

La Peters, an employee ofthe State Bar of Nevada

Documents

12 14 12 No Numbers Stamped 0204 Order by Chair Echeverria Findings of Fact Conclusions of Law Seeking to Disbar Coughlin