IN RE: DISCIPLINE OF ERIC MATTHEW LIPMAN (2023)

ORDER IMPOSING RECIPROCAL DISCIPLINE AND DISBARRING ATTORNEY

This is a petition to reciprocally discipline attorney Eric Matthew Lipman pursuant to SCR 114.¹ Lipman had his bar license permanently revoked in Florida in November 2022 and untimely reported the same to the Nevada State Bar in March 2023. See SCR 114(1). Lipman has not responded to the State Bar's petition. See SCR 114(3).

In Florida, Lipman pleaded guilty to one count of conspiracy to distribute, receive, and possess child pornography and distribution, receipt, and possession of child pornography; and one count of distribution of and attempt to distribute child pornography. He was sentenced to 72 months in prison, supervised release, and payment of restitution. This violated Rules Regulating the Florida Bar R. 4-8.4(b), identical to RPC 8.4(b), which provides that it is misconduct to commit “a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects.” As a result of this violation and Lipman's amended petition to the Florida State Bar for disciplinary revocation without leave to seek readmission, the Supreme Court of Florida entered an order permanently revoking Lip man's Florid a bar license.

SCR 114(4) mandates the imposition of identical reciprocal discipline unless the attorney demonstrates, or the court finds, that one of four exceptions apply. None of the four exceptions apply in this case, and “[i]n all other respects a final adjudication in another jurisdiction that an attorney has engaged in misconduct conclusively establishes the misconduct for the purpose of a disciplinary proceeding in this state.”² SCR 114(5). Accordingly, we grant the petition for reciprocal discipline and hereby disbar Eric Matthew Lipman from the practice of law in Nevada. The parties shall comply with SCR 115 and SCR 121.1.

It is so ORDERED.³

Stiglich, C.J.

Cadish, J.

Pickering, J.

Herndon, J.

Lee, J.

Parraguirre, J.

Bell, J.

FOOTNOTES

1.   Lipman has been suspended from the practice of law in Nevada since June 2022 for failure to pay annual license fees or complete annual disclosures.

2.   Notably;, when Lipman reported the revocation of his Florida bar license, he did not raise any concerns about the process leading to that revocation and indicated he had no objection to a reciprocal discipline order.

3.   In light of Lipman's disbarment, we need not temporarily suspend him pending further disciplinary proceedings as required by SCR 111(7) for an attorney convicted of a “serious crime.” See In re Discipline of Serota, 129 Nev. 631, 636, 309 P.3d 1037, 1040 (2013) (concluding that disbarring an attorney mooted other bar matters regarding the same attorney).