IN THE SUPREME COURT OF NEVADA

IN RE: APPLICATION OF
ZACHARY B. COUGHLIN
FOR ADMISSIONS TO THE PRACTICE
OF LAW IN THE STATE OF NEVADA

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Case No.

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RECOMMENDATION AND CONSENT AGREEMENT

After a formal hearing conducted by the Committee on Moral Character and Fitness, the Nevada

Board of Bar Examiners ("Board"), by and through Michael Rowe, Esq., Chair of the Committee on

Moral Character and Fitness ("Committee") submits this Recommendation and Consent Agreement

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("Agreement") to the Court relating to the application of ZACHARY B. COUGHLIN ("COUGHLIN")

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for admission to the Nevada State Bar.

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RECOMMENDATION
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It is the recommendation of the Committee on Moral Character and Fitness that COUGHLIN be
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admitted to the Nevada Bar; provided, however, said admission shall be conditioned on and subject to
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the terms and conditions of probation as set forth in this Agreement. The probationary period shall be
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monitored by and through the office of Bar Counsel of the State Bar of Nevada, and any alleged
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violation of this Agreement and/or the tenns and conditions of Probation shall be brought before the
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Committee on Moral Character and Fitness Hearing Panel ("Hearing Panel").

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CONSENT AGREEMENT
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COUGHLIN hereby agrees and consents to his conditional admission to practice law in the State
of Nevada conditioned on and subject to the following tenns and conditions of probation. The period of
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2' 1I10r01)alJiOn shall be for a period of three (3) years from the date of the court order admitting applicant or

such other time as the Supreme Court may order. Upon successful completion of the probationary

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period, the absence of any disciplinary action by Bar Counsel, and full compliance with the conditions

set forth below, and upon written application by COUGHLIN and the filing of a Supplemental

Recommendation by the Committee, COUGHLIN shall be eligible for unconditional admission to the

State Bar of Nevada .

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During the period of probation, COUGHLIN agrees to:

continue his counseling with Dr. Oliver Ocskay, Ph.D., and abide by any course of

(a)

treatment deemed necessary and recommended by the psychologist, and to provide the Board of Bar

Examiners with proof of same;

(b)

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submit a signed release allowing the State Bar of Nevada access to any counseling

records;

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(e)

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statement to the Office

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(d)

In

a quarterly

of Bar Counsel;

attend meetings with Lawyers Concerned for Lawyers and verify his attendance in a

quarterly statement to the Office of Bar Counsel;

(e)

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attend at least one AA meeting per week and verify his attendance

submit quarterly sworn statements to the Office of Bar Counsel during the probationary

period attesting to his compliance with the conditions set forth in this agreement;
(I)

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abide by Nevada Supreme Court Rules and the Rules of Professional Conduct of the State

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Bar of Nevada

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2.

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10 the Agreement, and the costs thereof shall be paid by COUGHLIN before tennination of the

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probationary period.

The Office of the Bar Counsel of the State Bar of Nevada shall monitor the conditions set forth

Any alleged violation, however de minimis, of the tenns and conditions of probation may be
brought before the Hearing Panel by Bar Counsel. Upon ten (10) days written Notice to COUGHLIN ,
Panel may convene to detennine if a violation of probation has occurred and what action, if any.

If the Hearing Panel determines that the alleged violation(s) is not proved, no further action will

be taken. If the Hearing Panel finds that a violation ofthis Agreement occurred, it may recommend to

the Supreme Court revocation of the conditional license.

violation does not rise to the level of revocation, it may recommend to the Supreme Court the extension

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or imposition of such additional tenns of probation as it deems appropriate.

If the Hearing Panel determines that the

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COUGHLIN during the probationary period shall be submitted to a screening panel of the Southern or

Northern Nevada Disciplinary Board. If the disciplinary screening panel recommends anything other

than dismissal, such findings shall be submitted to the Hearing Panel. The Hearing Panel may, upon ten

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(10) days written notice to COUGHLIN, convene a hearing to determine the impact of these findings on

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COUGHLIN's probation. Based upon the existence of a finding of anything other than dismissal, the

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Hearing Panel may recommend revocation of the probationary license. If the Hearing Panel determines

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that the violation does not rise to the level ofrevocation, the Hearing Panel may recommend to the

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Supreme Court the extension or imposition of such additional terms of probation as it deems

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appropriate.

Any grievances filed with the office of Bar Counsel of the State Bar of Nevada against

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COUGHLIN further releases and authorizes the Office of Bar Counsel of the State Bar of

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Nevada, to provide the Hearing Panel with a copy of any grievances filed against him during the period

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of probation. The Hearing Panel may, upon ten (10) days written notice to COUGHLIN, convene a

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Ih.::aring

to detennine the impact of any grievance on COUGHLIN's probation.

Based upon the

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existence of a grievance which the Hearing Panel deems to be an ethical violation of the Supreme Court

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Rules of professional conduct, the Hearing Panel may recommend revocation of the probationary

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I\liocnse. If the Hearing Panel detennines that the violation does not rise to the level of revocation, the

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Hearing Panel may recommend to the Supreme Court the extension or imposition of such additional

lit.",...,flltO'bation as it deems appropriate.

Although the Hearing Panel may consider any alleged new disciplinary grievances in terms of

whether to revoke the probation or to extend or modify the terms set forth therein, this decision is

independent of a separate Disciplinary Hearing Panel convened to consider what discipline, if any, is to
imposed as a result of a disciplinary hearing on any new grievances.

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his compliance with the tenns and conditions of probation.

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the Court for an extension of the period of probation with a final decision to be made by the Court.

During the period of probation, COUGHLIN continues to bear the burden of proof to establish

If circumstances so warrant, the Office of the Bar Counsel and/or the Hearing Panel may petition

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ACKNOWLEDGMENT
I. Zachary B. Coughlin, have read this Consent Agreement and fully understand its contents. I

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have sought the advice of an attorney or have freely waived the necessity of seeking such counsel prior

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to executing this Agreement. I understand that this Agreement will not become effective if the Nevada
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Supreme Court overturns the recommendation of the Committee. I hereby freely consent to the tenns

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and conditions contained herein.

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.... \

na.."'Ii;""i2-

Executed on this _,_ day ofSepteR'l:~ 2004.

.\1)2\_~1Ov'kLtv'\

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Daled this

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ZacHary B. Coughlin ;
7"

day of -September, 2004.

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Respectfully submitted,

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COMMITTEE ON MORAL
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HARACTER AND FITNESS

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Michael Rowe. Chair

Bar ID #1374
Law Offices of Rowe and Hales, LLP
1638 Esmeralda
Minden, Nevada 89423