2. By unanimous decision, the Panel accepted the Plea which was submitted in accordance with SCR 105(2)(d) and SCR 113.
3. The Panel finds Respondent guilty of violating the Rules of Professional Conduct as set forth in part II of the Plea.
The appropriate level of discipline must be determined by considering "all relevant factors and mitigating circumstances on a case-by-case basis." State Bar of Nevada v. Clairborne, 104 Nev. 115, 219, 756 P.2d 464, 531 (1988). More specifically, the American Bar Association Standards for Imposing Lawyer Sanctions requires an analysis of "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 the Matter of Discipline of Glen Lerner, 124 Nev. 1232, 1246, 197 P.3d 1067, 1078 (2008).
In this case, the Panel found that Respondent's actions in loaning money to his client without informing the client, in writing, of the desirability of obtaining independent counsel, and negotiating with opposing counsel to receive, as part of a settlement, a retainer for future services were conducted with a knowing mental state.
Based upon the foregoing Findings of Fact and Conclusions of Law, the Panel hereby determines that Respondent will be sanctioned as follows: