Two State Solution

Reciprocal discipline has been imposed in Colorado for Nevada misconduct

This reciprocal discipline case arose out of discipline imposed in Nevada. On September 7, 2018, the Nevada Supreme Court entered an order suspending Pengilly for six months and one day, with the automatic requirement that he petition for reinstatement. This discipline was premised on Pengilly’s conduct at a plaintiff’s deposition where Pengilly was representing himself as the defendant. The Nevada Supreme Court determined that during the deposition Pengilly used vulgarities, called the deponent derogatory names, aggressively interrupted the deponent and opposing counsel, answered several questions for the deponent, and repeatedly made inappropriate statements on the record. Further, he asked the deponent if he was “ready for it” while positioning his hand near his hip, and soon thereafter displayed to the deponent and opposing counsel a firearm he had holstered on his hip. As a result, the deposition was cancelled and the underlying litigation was placed on hold.

He was suspended for six months and a day in Colorado.

Our coverage of the Nevada sanction is linked here. (Mike Frisch)