IN RE: DISCIPLINE OF SHAWN HUGGINS (2025)

ORDER APPROVING CONDITIONAL ADMISSION AGREEMENT

This is an automatic review of a Southern Nevada Disciplinary Board hearing panel's recommendation that this court approve, pursuant to SCR 113, a conditional admission agreement in exchange for a stated form of discipline for attorney Shawn Huggins. Under the agreement, Huggins admitted to violating RPC 1.4(b) (communication), RPC 1.15(a) (safekeeping property), RPC 1.15(d) (safekeeping property), RPC 1.16(d) (declining or terminating representation), RPC 3.4(c) (fairness to opposing party and counsel), RPC 8.1(b) (bar admission and disciplinary matters), RPC 8.4(c) (misconduct), and RPC 8.4(d) (misconduct). Huggins agreed to a 24-month suspension that will be stayed for 24 months subject to certain conditions.

Huggins admitted to the facts and violations as part of the admission agreement. Thus, Huggins violated the above-listed rules by depositing a client's share of proceeds from the sale of a marital residence in his trust account and then, after disbursing some of the profits to the client, Huggins made multiple withdrawals or transfers to himself until almost all of the remaining profits were gone. After the client filed a grievance with the State Bar, Huggins issued the client a $50,000 check. Huggins then informed the State Bar the client had been paid. The State Bar subpoenaed Huggins' financial records and discovered that Huggins failed to keep client ledgers, and that the client was still owed $15,693.73. Before the discipline hearing, Huggins paid the remaining amount to the client.

The issue for this court is whether the agreed-upon discipline sufficiently protects the public, the courts, and the legal profession. See In re Discipline of Arabia, 137 Nev. 568, 571, 495 P.3d 1103, 1109 (2021) (stating the purpose of attorney discipline). In determining the appropriate discipline, we weigh four factors: “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 re Discipline of Lerner, 124 Nev. 1232, 1246, 197 P.3d 1067, 1077 (2008).

Huggins admitted to knowingly violating duties owed to the client (communication, safekeeping property, and declining or terminating representation), the legal system (fairness to opposing party and counsel), and the profession (disciplinary matters and misconduct). Huggins further admitted that the client, the legal system and the profession were injured, but that the injury was moderate. The baseline sanction for such violations, before considering the aggravating or mitigating circumstances, is suspension. Standards for Imposing Lawyer Sanctions, Compendium of Professional Responsibility Rules and Standards, Standard 4.12 (Am. Bar Ass'n 2023) (providing that suspension is appropriate when “a lawyer knows or should know that he is dealing improperly with client property and causes injury or potential injury to a client”); Standard 7.2 (providing that suspension is appropriate “when a lawyer knowingly engages in conduct that is a violation of a duty owed as a professional and causes injury or potential injury to a client, the public, or the legal system”). The record supports and the parties agreed that two aggravating circumstances applied (multiple offenses and substantial experience in the practice of law) and two mitigating circumstances applied (absence of prior discipline and timely good faith effort to make restitution or to rectify consequences of misconduct). Considering all four factors, we conclude that the agreed-upon discipline is appropriate.

Accordingly, we hereby suspend attorney Shawn Huggins from the practice of law in Nevada for twenty-four months from the date of this order, with the suspension stayed for twenty-four months subject to the conditions outlined in the hearing panel's findings of fact, conclusions of law, and recommendation. Those conditions include the following: (1) Huggins must not engage in further professional misconduct while on probation that results in a screening panel recommending new disciplinary charges be filed; (2) Huggins must participate in any fee dispute arising from an allegation of further professional misconduct in good faith; (3) Huggins must maintain current contact information with the Office of Bar Counsel (OBC); (4) Huggins must obtain an attorney mentor approved by the State Bar within 30 days from the date of this order; (5) the approved attorney mentor must submit quarterly reports to OBC; (6) Huggins must retain a certified public account (CPA) within 30 days from the date of this order and meet monthly with the CPA to review all transactions in Huggins' trust account and to develop policies and procedures on responsible bookkeeping and professional accountability, including maintaining ledgers for all client matters and his trust account, reconciling his trust account with bank records and ledgers, and ensuring all deposits and disbursements are clearly identified; and (7) the CPA must submit quarterly reports to OBC. Huggins shall also pay the costs of the disciplinary proceedings, including $2,500 under SCR 120, within 30 days from the date of this order. The State Bar shall comply with SCR 121.1.

It is so ORDERED.

cc: Chair, Southern Nevada Disciplinary Board

Huggins Law Office

Bar Counsel, State Bar of Nevada

Executive Director, State Bar of Nevada

Admissions Office, U.S. Supreme Court

Herndon, C.J.