Reinstated After Deposition Misconduct

The Nevada Supreme Court has reinstated an attorney after a suspension for the following

This court previously suspended Pengilly for six months and one day for violating RPC 8.4(d) (misconduct) when, during a deposition, he “used vulgarities, called the deponent derogatory names, aggressively interrupted the deponent and opposing counsel, answered questions for the deponent, . . . repeatedly made inappropriate statements on the record,” and “displayed a firearm he had holstered on his hip to the deponent and opposing counsel.” In re Discipline of Pengilly, Docket No. 74316 (Order of Suspension, Sept. 7, 2018). Pengilly filed his petition for reinstatement on March 25, 2019, after his suspension ended. Following a hearing, the panel unanimously recommended that he be reinstated to the practice of law.

Conclusion

Based on our de novo review, we agree with the panel’s conclusion that Pengilly has satisfied his burden of proof in seeking reinstatement.

The case  is IN THE MATTER OF REINSTATEMENT OF JAMES W. PENGILLY, BAR NO. 6085. (Mike Frisch)