In Re Discipline of Marshall

Attorney Edward G. Marshall challenges a Southern Nevada Disciplinary Board hearing panels recommendation that he be publicly reprimanded and assessed the disciplinary proceedings costs for violating SCR 157 (conflict of interest) and SCR 164 (client under a disability). We conclude that clear and convincing evidence supports the panels determination that Marshall violated SCR 157, but we are not persuaded that a violation of SCR 164 has been demonstrated. We further conclude that Marshalls conduct would have warranted a private reprimand. Accordingly, we disapprove the panels recommendation that Marshall be publicly reprimanded. We agree, however, that Marshall is properly assessed costs.