No. 52779.Supreme Court of Nevada.
November 24, 2008
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ORDER OF TEMPORARY SUSPENSION
This is a petition by the Southern Nevada Disciplinary Board Chair for an order temporarily suspending attorney Philip Singer from the practice of law, pending the resolution of formal disciplinary proceedings against him. The petition and supporting documentation demonstrate that Singer appears to have misappropriated funds from clients and third-party lienholders, accepted and cashed retainer checks without performing any services, and commingled client and personal funds.
SCR 102(4)(a) provides, in pertinent part:
On the petition of a disciplinary board, signed by its chair or vice chair, 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)(b) provides that we may place restrictions on an attorney’s handling of funds.
We conclude that the documentation before us demonstrates that Singer poses a substantial threat of serious harm to the public, and that his immediate temporary suspension is warranted.[1] We further conclude that Singer’s handling of funds should be restricted.[2]
Accordingly, Singer is temporarily suspended from the practice of law, pending the resolution of formal disciplinary proceedings against him.[3] In addition, Singer is prohibited from withdrawing any funds from his client trust account, or from any other account containing funds belonging to third parties, except upon written approval of bar counsel or by order of a court of competent jurisdiction.[4]
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The state bar shall immediately serve Singer with a copy of this order. Such service may be accomplished by personal service, certified mail, delivery to a person of suitable age at Singer’s law office or residence, or by publication. When served on either Singer 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.[5]
It is so ORDERED.[6]
MAUPIN, J., PARRAGUIRRE, J., CHERRY, J.
This is our final disposition of this matter. Any new proceedings concerning Singer shall be docketed under a new docket number.
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