IN RE: DISCIPLINE OF PHILIP J. TRENCHAK (2026)

ORDER APPROVING CONDITIONAL ADMISSION AGREEMENT

This is an automatic review of a Southern Nevada Disciplinar 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 Philip J. Trenchak. Under the agreement, Trenchak admitted to violating RPC 1.3 (diligence), RPC 1.16(a)(2) (declining or terminating representation), RPC 3.2(a) (expediting litigation), and RPC 8.4(d) (misconduct). Trenchak agreed to a six-month-and-one-day suspension, stayed for one year, subject to conditions.

The current discipline involves two separate grievances concerning former clients. As to the first client, Trenchak admitted to failing to timely produce settlement proceeds. As to the second client, Trenchak admitted to repeatedly failing to comply with this court's rules, notices, and orders, resulting in an order dismissing his client's appeal and an investigative referral from this court. See Rodriguez v. Emp. Sec. Div., No. 87539, 2024 WL 2043758 (Nev. May 7, 2024) (Order Dismissing Appeal and Referring Counsel to State Bar of Nevada for Investigation).

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); see also SCR 102.5(1).

The most serious of the agreed upon violations is the violation of RPC 1.3 (diligence). See Standards for Imposing Lawyer Sanctions, Compendium of Professional Responsibility Rules and Standards 454 (Am. Bar Ass'n 2023) (explaining that when there are multiple charges of misconduct, “[t]he ultimate sanction imposed should at least be consistent with the sanction for the most serious instance of misconduct”). Trenchak admitted to committing the violations with a negligent and knowing mental state and that misconduct caused actual, moderate injury to the clients and the court. The baseline sanction for such violation, before considering the aggravating or mitigating circumstances, is suspension. See Standards for Imposing Lawyer Sanctions, Compendium of Professional Responsibility Rules and Standards, Standard 4.42 (Am. Bar Ass'n 2023) (providing that suspension is appropriate when a lawyer “knowingly fails to perform services for a client and causes injury or potential injury to a client”). The record supports four aggravating circumstances (prior disciplinary offenses, multiple offenses, vulnerability of the victim-client, and substantial experience in the practice of law) and five mitigating circumstances (absence of dishonest or selfish motive, personal and emotional problems, cooperative attitude toward the proceedings, physical disability, and remorse). Considering all four factors, we conclude that the agreed-upon discipline is appropriate.

Accordingly, we hereby suspend attorney Philip J. Trenchak from the practice of law in Nevada for six months and one day from the date of this order, stayed for one year, subject to the conditions outlined in the panel's findings of fact, conclusions of law, and recommendation. Those conditions include requirements that Trenchak fully cooperate with a mentor providing quarterly reports; complete six additional CLE units in law practice management; and consult with and follow the bookkeeping recommendations of a CPA to review Trenchak's practice books, ledgers, and bank accounts to facilitate sound accounting practices. Trenchak shall also pay the cost 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.

Bell, J.

Stiglich, J.

Cadish, J.