IN THE SUPREME COURT OF NEVADA

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

Case Noo _ __

RECOMMENDATION AND CONSENT AGREEMENT

After a fom1ai hearing conducted by the Committee on Moral Character and Fitness, the Nevada

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

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

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COAgreement") to the Court relating to the application o[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 COUGHLrN 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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fie temlS and conditions of probation as set forth 10 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 terms 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

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of Nevada conditioned on and subject to the following terms and conditions of probation. The period

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of probation shall be for a period oftwo (2) years from the date ofthe court order conditionally admitting

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him or such other time as the Supreme Court may order.

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

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the conditions set forth below, and upon written application by COUGHLIN and the filing of a
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Upon successful completion of the

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"" EXHIBIT
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Supplemental Recommendation by the Committee, COUGHLlN shall be eligible for unconditional

admission to the State Bar or Nevada.

During the period of probation, COUGHLlN agrees to:

(a)

subro.il to counseling by a licensed Ph.D. psychologist, with sllch co unseling sessions to

occur at least monthly, or more frequently if deemed appropriate by the psychologist, and to abide by

any course of treatment deemed necessary and reconunended by the psychologist, and to provide the

Board of Bar Examiners with proof of same;

(b)

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

records;

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(c)

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submit quarterly sworn statements to the office orBar Counsel during the probationary

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

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(d)

abide by Nevada Supreme Court Rules and theRules ofProfessional Conduct of the S tate

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Bar of Nevada.

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m the Agreement, and the costs thereof shall 1)e paid by COUGHLIN before temlination of the

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probationary period.

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brought before the Hearing Panel by Bar Counsel. Upon ten (10) days written notice to COUGHLlN,

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the Panel may convene to determine if a violation of probation bas occurred and what action, if any,

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should be taken.

The office of the Bar Counsel of the State Bar of Nevada shall monjtor the cond itions set forth

Any alleged violation, however de minimis, of the terms and condi li ons of probation may be

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If the Hearing Panel detennines that the alleged violation(s) is not proved, no furth er action wil!

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be taken. If the Hearing Panel finds that a violation oflhis Agreement occurred, it may recommend 10

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the Supreme Court revocation of the conditional license. If the Hearing Panel detennines thai Lhe

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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 terms of probation as it deems appropriate.

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

Z1 COUGHLiN" during the probationary period shall be submitted to a screening panel of the Southern or

~N<0Ih"'" Nevada Disciplinlll)l Board. If the disciplinlll)l screening panel recommends anything other

1 than dismissal, such findings shall be submitted to the Hearing Panel. The Hearing Panel may, upon ten
(10) days wrinen notice to COUGHLIN, convene a hearing to determine the impact of these findings

on COUGHLIN 's probation. Based upon the existence of a findin g of anything other than dismissal,
the Hearing Panel may recommend revocation of the probationary license. If the Hearing Panel

5 detennines that the violation does nol ri se to the level of revocation, the Hearing Panel may recommend
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to the Supreme Court the extension or imposition of such additional terms of probation as it deems
appropnatc.

COUGHLll'I further releases and authorizes the office ofBar Counsel of the State Bar ofNevada,

to provide the Hearing Panel witb a copy of any grievances filed against him during the period of

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probation. The Hearing Panel may, upon ten ( 10) days written notice to COUGHLiJ'.1, convene a hearing

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to determine the impact of any grievance on COUGHLIN's probation. Based upon the existence or a
gnevance which the Hearing Panel deems to be an ethical violation of the Supreme Court Rules o f

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Professional Conduct, the Hearing Panel may recommend revocation of the probationary license. If the

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Hearing Panel detennines that the violation does not rise to the level of revocation, the Hearing Panel

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may recommend to the Supreme Court the extension or imposition of such additional terms of probation

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as It deems appropriate.

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

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

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of a separate Disciplinary Hearing Panel's decision to consider what discipline, ifany, is to be imposed
as a result of the disciplinary hearing on any new grievances.

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his compliance with the tenns and conditions of probation.

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t"'te 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 prooho establish

lfcircumstances so warrant, the office ofthe Bar Counsel and/or the Hearing Panel may petition

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

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have sought the advice of an attorney or have freely waived the necessity of seeking such counsel
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to executing this Agreement. I understand that this Agreement will not become effective if the Ne,,.d~

Supreme Court overturns the reconunendation of the Committee. I hereby freely consent to the

and conditions contained herein.

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Executed on this

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-I" l' \ day of September, 2002.

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Dated this _ _ _,day of September, 2002.

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Respectfully submitted,

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COMMJTTEE ON MORAL
CHARACTER Mil) FITNESS

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Michael S. Rowe, Chair

Bar ID #1374
Law Offices of Rowe & Hales, LLP
1638 Esmeralda
Minden, NY 89423

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