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CATE OF SERVICE
[Rule 62(b), R les Proc.; Code Civ. Proc., 1013a(4)]

I am a Case Administrator of the St e Bar Court. I am over the age of eighteen and not a party to
the within proceeding. Pursuant to
on February 6,2008, I deposited a t

andard court practice, in the City and County of Los Angeles,

e copy of the following document(s):

in a sealed envelope for collection a d mailing on that date as follows:

[XJ

by first-dass mail,

with p

age thereon fully prepaid, through the United States Postal

Service at Los Angeles, Cali omia, addressed as follows:

ZACHARY B. COGHLIN
945 W. 12TH ST.
RENO, NV

{X]

89503

by interoffice mail through

facility regularly maintained by the State Bar of California

addressed as follows:
, Enforcement, San Francisco

I hereby certify that the foregoing i true and correct. Executed in Los Angeles, California, on
February 6, 2008.

Milagro del R. Salmeron

Case Administrator

State Bar Court

Certificate

of Service. wpt

THE STATE BAR OF CALI ORNIA

OFFICE OF THE CHIEF T AL COUNSEL
SCOTT J. DREXEL,No. 656 0
CHIEF TRIAL COUNSEL
RUSSELL G. WEINER, No. 4504
DEPUTY CHIEF TRIAL CO
SEL
LAWRENCE J. DAL CERR ,No. 104342
ASSISTANT CHIEF TRIAL COUNSEL
DONALD R. STEEDMAN, o. 104927
SUPERVISING TRIAL CO
SEL
SUSAN 1. KAGAN,No. 214 09
DEPUTY TRIAL COUNSE
180 Howard Street
San Francisco, California 94 05
Telephone: (415) 538-2345

Attorneys for the Committee

2
3
4
5
6
7

f Bar Examiners

10
THE STATE BAR COURT

11

REVIEW DEPARTMENT

12
13
14
15

In the Matter of

ZACHARY B. COUGHLIN

16
17
18
19
20

A
B
S
t=m= e
a
r A lica:nt.

+-

__

_________

)
)
)
)
)
)
)

Case No.: 06-M-13755

OPPOSITION TO REQUEST FOR
RECONSIDERATION OF DENIAL OF
APPLICANT'S REQUEST FOR
SUMMARY REVIEW

To: The Honorable J Ann Remke,Presiding Judge, the Associate Judges of the Review
Department of the State Bar

ourt,and Applicant Zachary B. Coughlin:

Since the Hearing De artment decision was-issued in thinnatter back on August 20,
2007,applicant has made va ious unsuccessful attempts to obtain review without paying the

21
transcript costs (either by ha ing the costs waived or by seeking summary review in a case that
22
23

clearly does not qualify).

By Order filed Octo

r 5, 2007, this Court ordered that the request for review would be

24
dismissed unless applicant p id the transcript costs within fifteen days.
25
By Order filed Nove
26
27
28

ber 27,2007,this Court dismissed the request for review.

On January 3,2007, fter applicant filed more papers,this Court issued an Order giving
applicant until January 14,2 08 to tender the costs.

Now,applicant has fil d for reconsideration again seeking summary review. That

1
2

ature of this proceeding.

motion is meritless,given the

Applicant has also su mitted a letter that apparently enclosed the transcript costs.

3
4

However,given that the letter was posted in Reno on January 14,2008 it is doubtful that the

check was received by the St e Bar Court Clerk prior to the expiration of the January 14,2008

deadline. If so,we recomme

January 3,2008 Order.

8
9

that the Court dismiss this review proceeding as provided in its

Also,applicant's chec

was not deiivered unequivocally. Rather,applicant's letter

requests that the check not be cashed "if there is no possibility that I will be certified for

10

admission to practice law in

11

Admission to Practice Law in California." Under Rule IX,an applicant must re-take the Bar

12

examination if he is not admi ed to practice within five years of taking the exam. Applicant

13

notes that he took the Bar Ex

14

stale. Even if he succeeds in his moral character proceeding,applicant would still have to

15

retake the Bar or obtain a wai er from the Committee.

alifornia considering Rule IX of the Rule [sic] Regulating

ination in July 2002. Thus,applicant's Bar results have become

ces,applicant apparently does not want his check cashed.

16

Under these circumst

17

Applicant was require to perfect his review request by September 14,2007 (rule
ar). It has been four additional months,and the transcripts have

18

301(A)(1),Rules Proc. State

19

still not been ordered. Altho gh applicant is entitled to a fair opportunity for review,the

20

Committee of Bar Examiners has a legitimate interest in completing these proceedings within a

21

reasonable period of time.

e,therefore, request that these proceedings be dismissed forthwith.

Respectfully submitted,

22

ORNIA
AL COUNSEL

23
24
25
Dated:
26
27
28

January

2008

B
R.

dman
g Trial Counsel
Attorneys for the Committee of Bar Examiners

DE

1
2
3
4
5
6
7
8
9
10

LARATION OF SERVICE BY MAIL

CASE NUMBER: 06-M-13 55

I, the undersigned, over the a e of eighteen (18) years, whose business address and place of

employment is the State Bar f California, 180 Howard Street, San Francisco, California 94105,
declare that I am not a party t the within action; that I am readily familiar with the State Bar of
California's practice for colle tion and processing of correspondence for mailing with the United
States Postal Service; that in e ordinary course of the State Bar of California's practice,
correspondence collected and processed by the State Bar of California would be deposited with
the United States Postal Servo e that same day; that I am aware that on motion of party served,
service is presumed invalid i postal cancellation date or postage meter date on the envelope or
package is more than one day after date of deposit for mailing contained in the affidavit. That in
accordance with the practice fthe State Bar of California for collection and processing of mail,
I deposited or placed for colI ction and mailing in the City and County of San Francisco, on the
date shown below, a true cop of the within
OPPOSITION TO REQUE T FOR RECONSIDERATION OF DENIAL OF
APPLICANT'S REQUEST FOR SUMMARY REVIEW

11
12

in a sealed envelope placed r collection and mailing at San Francisco, on the date shown
below, addressed to:

14

Zachary R. Coughlin
945 West 12th Street
Reno, NV 89503

15

in an inter-office mail facility regularly maintained by the State Bar of California addressed to:

13

16
17

nla
I declare under penalty of per ury under the laws of the State of California that the foregoing is
true and correct. Executed at San Francisco, California, on the date shown below.

18
19
20
21
22
23
24
25
26
27
28

DATED: January 18, 2008

SIGNED:

__
__________

Paula H. D'Oyen
Declarant

\
I

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P M

....u
~

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- - .\fpII<--.......ty

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Rule IX

CC'llds;

4
'~RULE IX. Time Limitation for S'ltisfyln A
. .
The Comrruttcc shall n
-J:..

_
g dllllssion Requirements

ot ecru,\, :all :J.1'pllc-ant t i S

adnusslOn to practice I,.
n1'
.
_ 0 t \c uprcme Court for
_
wn u c~s the app"," I
. fi d
admission found 10 these Rul'~'
.
. III las sans 1C :til rcqwrcmcms for
pracncc law 10 Califo
th ,e5. 10 trike the attorney's oath and be :aclmlltcd to
rears of the L'ts[ d ' ~~' de :'Ipplicam must take the attorney's oath Within fl've
a, 0 UlC a mtmStt!l,uon of th C n
B E
the applicant pass;d n1
~
.
c a I arrua at 'xammallon th:ll
c\;dence 10
' . ~ css or good cause shown by clear and convincing
in satisfy" a partlc r. ca~e the C~mmittce extends such rune linutation. Delay
tog the admISSion reqUIrements found in these Rules dIal is the
res
r ul..t 0df an applic
. an t' s negIigenec or the result of the applicant's having

6
7

8
9
10

eccI\'e

II

12
13

14

n,~gatJve

moral character determination shall nOt constitute

good cause. (emphasIs added).

Applicant took and passed the Jul), 2002 California Bar Examlllation. As such five years has
elapsed smce Applicant's passing i leicxanunanon

. and ole
RIX
' may make Applicant's
.
Request for
Re\'~' u:relevant. Applicant requests that the S2.500 check for the cOSts of uansccipts not be cashed

jf t1us

15

the case.

15
\\D.ile the Order of Janu:u)" 3nl, 2008 allows for applicant to go fot\vard with a Plenary Review, no

16
17

18

19

20
21

noonale

IS

prO\;ded for the denial of the Request for Summary Rcvicw, other than the Order staring

that "this maner 15 not appropriate for summary review". Applicant requests that the dcrnal of this
Summary Renew be reconsidered, or 10 the alternative, mat some supporting rationale be pro\ided for

why a Swnmary Re"ew is not appropriate where a Plenary Review has been granted.
:\ "dry" reckless dm;ng charge was the focal point of the State Bar's case. Judge McElroy'S
OpUllOO contalllS a heading that wrongly identifies this charge as a ({DUI conviction". Applicant sdf

22

reponed the subscancc abuse issues brought forth in this case and undertook trcmendous efforts to

23

iiddrcss these ISsues (submitnng o\rer an estimated 600 signatures from A.i\. meetings and lctters of

24

rec!')lnmcndaaon from attorney's who have known the applicant for years and participated in his

25

26
27

28

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F~IL

('" """~" ,0,G

1) i) LtiUb

STATE BAR COURT

CLERK'S OFFICE
LOS ,4"NGEI,ES

REVIEW DEP RTMENT OF THE STATE BAR COURT

IN BANK

)
)
)
)
)

In the Matter of

ZACHARY COUGHLIN,
An Applicant for Admission.

No.06-M-13755

ORDER

------------------+------)
The court finds that this

atter is not appropriate for summary review, and

therefore, applicant's request for ummary review is denied. As for his motion for late
filing of request for review, the

otion is granted, in part, and applicant has until January

14, 2008 to tender the cost ofthe transcripts or his request for review will be dismissed.
No further extensions will be gr ted.

REMKE
Presiding Judge

CER IFICATE OF SERVICE

[Rule 62(b), Ru es Proc.; Code Civ. Proc., 1013a(4)]

I am a Case Administrator of the Sta Bar Court. I am over the age of eighteen and not a party to
the within proceeding. Pursuant to st ndard court practice, in the City and County of Los Angeles,
on January 3,2008, I deposited a tru copy of the following document(s):

ORDER FIL D JANUARY 3,2007

in a sealed envelope for collection an mailing on that date as follows:

[X]

by first-class mail, with post ge thereon fully prepaid, through the United States Postal
Service at LosAIlg~l~s, Califirnia, addressed as follows:

ZACHARY B. COU
945 W. 12TH ST.
RENO, NV 89503
[X]

by interoffice mail through a acility regularly maintained by the State Bar of California
addressed as follows:

SUSAN I. KAGAN, nforcement, San Francisco

I hereby certify that the foregoing is
January 3, 2008.

ue and correct. Executed in Los Angeles, California, on

Rosalie Ruiz
Case Administrator
State Bar Court

Certificate of Service. wpt

2
3
4
5
6
7
8

THE STATE BAR OF CALIFORNIA

OFFICE OF THE CHIEF TRIAL COUNSEL
SCOTT J. DREXEL, No. 65670
CHIEF TRIAL COUNSEL
RUSSELL G. WEINER, No. 94504
DEPUTY CHIEF TRIAL COUNSEL
LAWRENCE J. DAL CERRO, No. 104342
ASSISTANT CHIEF TRIAL COUNSEL
DONALD R. STEEDMAN, No. 104927
SUPERVISING TRIAL COUNSEL
SUSAN 1. KAGAN, No. 214209
DEPUTY TRIAL COUNSEL
180 Howard Street
San Francisco, California 94105
Telephone: (415) 538-2037

9
THESTATEB

10

COURT

REVIEW DEPARTMENT - AN FRANCISCO

11

12

13

In the Matter of

) Case No. 0 -M-13755

ZACHARY B. COUGHLIN,

)
) OPPOSITI N TO MOTION FOR LATE FILING OF
) REQUEST OR REVIEW; OPPOSITION TO
) REQUEST ORSLJMMARYREVIEW

12115
16

)~<

)
An Applicant for Admission.
_ _ _ _ _ _ _ _ _ _ _ _ _ ) (Rules Proc of State Bar, rules 301)

17
18

To: The Review Department of the State Bar ourt: Applicant filed a motion for late

19

filing of request review and request for summary revi w in this matter on or about November 28,

20

2007. The State Bar opposes applicant's motion for ate filing of request for review on the basis

21

that the motion is untimely and does not set forth go d cause. The State Bar moves to deny

22

applicant's request for summary review pursuant to

23
24
25

STATEMENT 0
1. On August 20, 2007, the Hearing Dep

Ie 308(e)(3).1
FACTS
nt issued a decision denying applicant's

application for admission to the State Bar of Califo .a on the basis that applicant currently

26
27
28

1Unless otherwise noted, all further reference to the Rules of Procedure of the State Bar
of California will be referred to as "rule."
-1-

lacked the requisite good moral character necessary or admission to the practice of law.

2. On or about September 13,2007, applica t attempted to file a request for review;

request for summary review. However, he did not s rve a copy of the request on the State Bar.

Accordingly, on September 18,2007, the Court issu d a notice of rejection of applicant's request

for review.

3. On September 27,2007, applicant filed a equest for review; request for summary

review. In the motion, applicant requested the folIo ing: "the costs for transcription be waived

or that he be given an extension oftime to pay this c st pursuant to a payment plan."

4. On October 5, 2007, this Court issued an rder designating applicant's request as

10

"only a request for review under rule 301." On the i sue of costs, the Court ordered as follows:

11

"No good cause shown, applicant's request that the osts of the trial transcript be waived, or that

12

he be given an extension oftime to pay pursuant to t e payment plan is denied." The Court

13

further noted that applicant's request for review "wil be dismissed unless, within 15 days after

14

service of this order;tne appIicanftenders the requir ddeposit and shows good cause why it was

15

not timely paid, or shows good cause why other arra gements satisfactory to the court have not

16

been made."

17

5. On or about October 22,2007, applicant s bmitted a letter to the Court, stating: "I

18

currently do not have the funds to pay for a trial tran cript. I do not have any means of being

19

able to secure these funds in the near future. I ask th t the Review Department consider

20

providing some option for a payment plan or waiver fthese fees." Applicant did not serve a

21

copy of this letter on the State Bar.

22

6. By letter dated October 25,2007, the Cou notified applicant that his letter of October

23

22, 2007 was not filed on the basis that his request w s not in the form of a written motion and

24

was not served on the opposing party. Thereafter, ap lie ant did not file a motion demonstrating

25

that he tendered the required deposit for the trial tran cripts and demonstrating good cause why

26

the deposit was not timely paid, or otherwise provid good cause demonstrating why other

27

arrangements have not been made.

28

7. On November 27,2007, the Court issued n order dismissing applicant's request for
-2-

1 review, stating that applicant: "failed to tender the r quired deposit or show good cause why
2

other arrangements have not been made. In fact, ap licant failed to file any response to the

court's October 5, 2007 order."

8. On or about November 28,2007, applica t filed a motion for late filing of request for

review; request for summary review. On the issue 0 costs, applicant solely states as follows:

"Applicant was previously unable to afford the tran ription costs associated with a Request for

Review. Applicant is now able to afford the transc

this Motion for Late Filing of Request for Review."

tion costs and asks that this Court grant

DISCUSS ON

10

THE MOTION FOR LATE FILING OF RE VEST FOR REVIEW IS

UNTIMELY AND FAILS TO SET FORTH OOD CAUSE.

11

12

Pursuant to this Court's order of October 5, 007, applicant was required to file a motion

13

by October 25,2007/ demonstrating that he tendere the required deposit for the trial transcripts

14

and setting forlfigoo(lcausewny the costs were not imeiy paid, or otherwise provide good

15

cause why other arrangements have not been made.

16

. As set forth above, applicant failed to file a

otion in compliance with the Court's order

17

by October 25,2007. As a consequence of this failu e, the Court dismissed applicant's request

18

for review. Hence, applicant's motion is not only

19

Even assuming, arguendo, that the Court ha not dismissed this appeal on November 27,

20

2007, applicant's motion for late filing should be dis issed since it does not comply with the

21

Court's October 5, 2007 order. Specifically, applica t failed to demonstrate that he tendered the

22

deposit for the trial transcripts and failed to set forth ood cause for his failure to timely do so.

23

His unverified statement regarding his inability to af ord costs does not rise to the level of good

24

cause.

25

III

26
27
28

2This represents fifteen (15) days from Octob r 5,2007, plus five days for mailing under
rule 63 and section 1o13 (a) of the Code of Civil Pro edure.
-3-

THE MOTION FOR SUMMARY REVIE

Pursuant to the Court's October 5, 2007 ord r, applicant's September 27,2007 request

3
4

SHOULD BE DISMISSED.

was designated as a request for review in accordanc with rule 308(e)(3).

Rule 308(e)(3) provides in pertinent part: "I both a request for summary review under

this rule and a request for review under rule 301 are imely filed in the same proceeding, the

matter shall proceed pursuant to rules 301-304, subj ct to subparagraph (2) othis paragraph."

As set forth above, applicant again filed a re uest for review at the same time as his

request for summary review. In accordance with rul 308(e)(3), if the matter is to go forward, it

should proceed pursuant to rules 301-304. Therefor, applicant's request for summary review

10
11

should be dismissed at this time.

Moreover, applicant has not established that

is matter is appropriate for summary

12

review. On summary review, applicant would be bo nd by the Hearing Department's "material

13

findings. " (See rule 308(a).) In this matter, the Hea ng Department made adverse factual

14

findings concerning applicant' s monil character. Sin e applicant would be bound by those

15

adverse factual findings, he cannot demonstrate that e would prevail on summary review.

16

Therefore, applicant's request for summary review s ould be denied.

17
18

Applicant's request for review is untimely an does not set forth good cause. Based on

19

the foregoing, the State Bar respectfully requests that applicant's request for review; request for

20

summary review be dismissed.

21
TE BAR OF CALIFORNIA
F THE CHIEF TRIAL COUNSEL

22
23
24
25

Dated: December

1D

,2007

26
27
28
-4-

DECLARATION OF S

VICE BY MAIL

CASE NUMBER: 06-M-13755

I, the undersigned, over the age of eighteen (18) yea s, whose business address and place of
employment is the State Bar of California, 180 Ho rd Street, San Francisco, California 94105,
declare that I am not a party to the within action; th I am readily familiar with the State Bar of
California's practice for collection and processing 0 correspondence for mailing with the United
States Postal Service; that in the ordinary course of e State Bar of California's practice,
correspondence collected and processed by the Stat Bar of California would be deposited with
the United States Postal Service that same day; that am aware that on motion of party served,
service is presumed invalid if postal cancellation da or postage meter date on the envelope or
package is more than one day after date of deposit fI r mailing contained in the affidavit. That in
accordance with the practice of the State Bar of Cali ornia for collection and processing of mail,
I deposited or placed for collection and mailing in t e City and County of San Francisco, on the
date shown below, a true copy of the within

6
7
8
9

10

OPPOSITION TO MOTION FOR LATE FILIN OF REQUEST FOR REVIEW;

OPPOSITION TO REQUEST FOR SUMMAR REVIEW
(Rules Proc. of State Bar, rules 301)

11

12

in a sealed envelope placed for collection and maili g at San Francisco, on the date shown
below, addressed to:

13

Zachary B. Coughlin

14

Reno, Nevada 89503

15

in an inter-office mail facility regularly maintained y the State Bar of California addressed to:

94~W. 12th~reet

16
17

18

Honorable Patrice E. McElroy

I declare under penalty of perjury under the laws of he State of California that the foregoing is
true and correct. Executed at San Francisco, Califo ia, on the date shown below.

19

DATED: December 20,2007

20
21

22

23
24

25
26

27

28

Paula H. D' Oyen

Declarant

.....ldlllUor

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..rr,IIIV~"U'II" h"v~ nlll h~clI ",,"k III I"d, .pph< :IIlIhlll .j II) ill>: '/ J r'"""',,-.',, II, '
_l'Url'

(,,,,,her~. 2()()7IlnJ"1 Al~,,,,JI"l(ly. IJw '<:<jUl: I J'H ,~y

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have /JOt been made. (kula Proc. ofSlale Bar, rule 301 (a)i2).)

Petitioner
THE STATE BAR COURT
OF THE STATE BAR OF CALIFORNIA
REVIEW DEPARTMENT - SAN FRANCISCO

8 II In
/1

the Matter of

Case No .

Moral Character Petitioner

IS

.<

{Ss-l

Zachary Coughlin

10 ,
II

Of,

\
REQUEST FOR REVIE"w , REQUEST FOR
SUMMARy REVIEW (RULE 301 . 3 0 3 )

12

13 1

14

J5

16

ZACHARY COUGHLIN respectfully requests review and summary review

of the adverse determination of moral character by the Hearing

17

Department.

18

Coughlin requests that the costs for transcription be waived or

19

that he be given an extension of time to pay this cost pursuant to

20

a payment plan.

21
\

~?

Date:

23

'4
25

September 24,

2007

ry Coughlin
ary B. Coughlin, 945 W. 12th St.
Reno, NV 89503
(775) 338-8118

26
27
28
Page 1 of 1

FILED
AUG 2 0 '001
STATE BAA COURT ClERJ<:S OFFICE
SAN FRANCISCO
STATE BAR COURT OF CALIFORNIA
HEARING DEPARTMENT - SAN FRANCISCO

In the Malter of
ZACHARY BARKER COUGHLIN.

)
)
)
)

Applicant for Admission.

Case No. 06-M-13755-PE:\1

DECISION

------- -------- -----)

I. Introd uction
After receiving an adverse moral character determination from the Comminee of Bar
Examiners afthe State Bar of Cali fomi a (comminee), applicant Zachary Barker Coughlin appeals

that decision and seeks a de novo determination of his moral character from this court. Applicant

represented himself. The committee was represented by the Office of the Chief Trial Counsel of the
State Bar of California. by and through Deputy Trial Counsel Susan I. Kagan.
A four-day hearing was held on May 8. 9. 10. and 22. 2007. The matter was submitted for
decision on May 22. 2007.

For the reasons set forth below, the court finds that applicant currently lacks the requisite
good moral character necessary for admission to the practice of law. (Bus. & Prof. Code, 6060.
subd.(b);' Rules Regulating Admission to Practice Law, rule X.)
II. Moral Character Determination

Applicants for admission to practice law must possess good moral character (Bus. & Prof.

Code, 9..\lIIQI

(b, which includes traits of "honesty, fai rness. candor. trustworthiness.

ponsibility, respect for and obedience to the laws of the state and the

f!lfbersand for the judicial process." (Rules Regulati ng Admission

the provisions of the Business and Professions Code.

to Practice Law, rule

moral fitness.

X,

1.) An app icant for admission has the burden to prove his or her own

Where the committee rebuts an applicant's prima facie showing of good moral

character with clear and convincing e idence of applicant's bad moral character, the burden falls
upon the applicant to demonstrate his 0 her rehabilitation.

(In re Gossage (2000) 23 Ca1.4th 1080,

1095-1096.) The more serious the bad haracter evidence,the stronger an applicant's rehabilitative
showing must be.
favor.

(Id.

at p. 1096.) All reasonable doubts are ordinarily resolved in the applicant's

(Seide v. Committee ol Bar Exa iners

(1989) 49 Ca1.3d 933, 937.)

III. App cant's General Background

A.

Educational Background
Applicant attended the Universi y of Washington from 1995 through 1996. In January 1997,

applicant enrolled in the University of Nevada, Reno, graduating with a B.S. degree in biology in
1999. In August 1999,applicant attend d the University of Nevada,Boyd School of Law,Las Vegas
(UNLV), graduating with a J.D. degr e in 2001.

Applicant took and passed the California bar

examination in July 2002.

B.

2001 Application for Admissi n to Practice Law in the State of Nevada

Applicant applied for admissi n to practice law in Nevada in February 2001 and was

successful on the July 2001 Nevada

r examination.

The Nevada's bar Committee on Moral

Character and Fitness (Nevada Commit ee) had several issues of concerns regarding applicant,such
as his criminal charges,the incidents at t e law school,employment termination and mental stability.

In September 2002, after a hearing, he Nevada Committee recommended that applicant be

conditionally admitted to the Nevada S ate Bar.
By order dated December 18,20 2,the Supreme Court of Nevada deferred the admission of
applicant as an attorney until October 1, 2003.
compliance with the following terms:

The deferral was conditioned on applicant's

(1) submit to onthly counseling by a licensed Ph.D.

psychologist and submit to and abi e by any course of treatment deemed necessary and
recommended by the psychologist; (2) ubmit a signed release allowing the State Bar of Nevada
access to any counseling records; (3) sub

it quarterly statements to the Office of Bar Counsel during

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the probationary period attesting to his

mpliance with the conditions; and

Supreme Court Rules and the Rules of

rofessional Conduct of the State Bar of Nevada.

On December

21, 2004,

(4) abide by the Nevada

the N vada Committee reported that applicant had successfully

completed and fully complied with the

rms of the conditions of his deferral agreement throughout

the deferral period and recommende

that applicant be admitted to the State Bar of Nevada

conditioned again on the terms of his d ferral as set forth above. On March
Court of Nevada issued an order ad

25, 2005, the

Supreme

itting applicant as a member of the Nevada State Bar.

However, that admission was conditio ed until

2008

on the terms of probations as set forth in his

deferral agreement.

2002 Application for Admissi n to Practice Law in the State of California

C.

On September

28, 2002,

appli ant filed an application for admission to the State Bar of

California. Thereafter, he submitted u dates and amendments to his application on six separate
occasions - January

2004;

and February
On January

9, 2003;

February

3, 2003;

March

19, 2003;

September

15, 2003;

May

31,

15, 2007.
7, 2003,

the com

ittee wrote to the Nevada Committee requesting material

assistance in its investigation of app]" ant.

On January

9, 2003,

applicant supplemented and

corrected his September 2002 applicati n. Applicant told of the Nevada Supreme Court's deferral
of his application for a license to practi e law in Nevada, indicated that he had passed the October

2002

k Office Patent Attorney Examination and submitted the

United States Patent and Tradem

names of five character references.

On February 23, 2003, applicant

rote to the committee that he had been arrested on January

23, 2003, for driving under the influenc

and that, as a result, he had been let go from his position

at Schuering, Zimmerman & Scully. 0 March

5, 2003, the committee asked applicant to provide

a copy of his police report from the arres ing agency regarding his January
to describe his relationship with alcoho and/or drugs. On March
committee and confirmed that he pled
California Vehicle Code section

23103

010

contendere on March

( ry reckless).

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2003 arrest for DUI and

19, 2003,
11, 2003,

applicant wrote the

to a violation of the

On September 4, 2003, the co

ittee wrote to the State Bar of Nevada requesting a copy of

applicant's psychological evaluation re ort and a copy of the arrest and conviction documents in
applicant's resisting arrest misdemean r in October 2001. By July 13, 2004, the committee had
decided that it was not in the position to recommend applicant's admission to the State Bar of
California. The committee decided that hey would hold in abeyance until January 13, 2005, so that
they could evaluate applicant's particip tion in the Lawyer Assistance Program of the State Bar of
California (LAP) which has been establi hed to provide assistance with mental health and substance
abuse issues to members of the legal pr fession. On July 19, 2004, applicant signed a stipulation
with the committee that his recovery fro
The stipulation required applicant to

alcohol abuse would be monitored by an agent from LAP.

uthorize the committee to release to LAP all materials

submitted in connection with his appl ation and further required applicant to sign a waiver of
confidentiality and release of informati n to allow LAP to report the evaluation and findings to the
committee.
On June 22, 2005, applicant cont cted LAP and completed the telephone intake process. On
February 16, 2006, the LAP Evaluation

ommittee met to review applicant's participation in LAP.

The LAP Evaluation Committee decid d that applicant had not successfully complied with their
recommendation and thus, terminated a plicant's participation in LAP.
On June 7, 2006, the committ e advised applicant that it declined to recommend his
admission to the State Bar to the Supr me Court of California. The decision was reached after
consideration of several factors, includi g applicant's 2003 conviction for reckless driving, being
disci plined while a law student by

UN V, lack

of candor, and failure to satisfy the terms of his

abeyance agreement with the committee

IV. Applicant's Prima

An applicant's initial burden of
has been met by testimonials from as
applicant. (See, e.g.,

Hall

v.

acie Showing of Good Moral Character

stablishing a prima facie showing is "relatively" easy. It
w as two witnesses in addition to the testimony of the

Committee ifBar Examiners

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(1979) 25 Ca1.3d 730, 734-735.)

The court finds that applicant m de a prima facie showing of good moral character based upon
his testimony at trial. Respondent test" led that he possesses good character and that his omissions
on his application to the State Bar wer minor as compared to what he did admit.

v. The Committee's
The committee presented clear

ebuttal of Applicant's Prima Facie Case

d convincing evidence to rebut applicant's prima facie case

of good moral character. The evidenc involved applicant's lack of candor at his deposition and
material omissions from and misrepres ntations on his application regarding various issues, such as
his misconduct at UNLV, employmen history, status with the U.S. Patent and Trademark Office,
substance abuse, DUI conviction, cou

appearances, civil actions, residential addresses, financial

obligations and mental health. The co rt agrees with most of the committee's contentions.

A.

Scholastic Discipline at UNL

1.

Academic Dishonesty nvestigation - Formal Letter of Warning

In the summer of 2001, applic

t emolled in a cyberlaw class, taught by Las Vegas attorney

Mark Tratos (Tratos). A final paper w s one of the requirements of the class. Tratos required that
the students turn in both a hard copy an a disk of the final p aper. Applicant said he turned in a hard
copy but did not turn in a disk of the har copy. Tratos informed applicant that he had neither a hard
copy nor a disc of the paper. Applicant dmitted that he did not turn in a disk, but insisted that he had
turned in a hard copy of the paper. He s bmitted an affidavit of a student who said she saw him turn
in a hard copy of the final paper. Appli ant was unable to locate the final draft of his paper on the
hard disk. There were several e-mails exchanged between Tratos and applicant regarding hiring
someone to try and retrieve the paper fr m his hard drive. At some point it was decided that hiring
someone was too cost prohibitive.

A p licant was able to locate a rough draft of the paper and

received a passing grade in the class.

As a result of this incident, a stu ent code of conduct complaint was filed against applicant
and the school conducted an investigat on as to whether he provided false statements to Tratos
regarding the submittal of a required pap r for the cyberlaw course. On November 27,2001, UNLV
found that academic dishonesty did not occur. At the same time, the school advised applicant to
consider the decision as a formal letter 0 warning.

The committee asserts that appl cant misrepresented the outcome of this investigation and the
evidence.
In the attachment to his Septe ber 28, 2002 application,applicant wrote:
"Secondly,the State Bar of Ne ada informed me that another concern regarding my
application arose out of an aca emic dishonesty in,,:estigation that was completey
resolved in my favor in Dec
ber of 2001.. Dunng the course of the academIC
investigation and subsequent N vada Bar inqiry everal students signed affidavits
.
indicating that they had in fact een me tum III thIS pper. ... For esons t?at e hll
.
very unclear to me,Mr. Tratos t en instIgated an offiCIal academIC IllvestigatlOn mto
whether or not I actually wrot the paper when it was do [sic]. After the student
judicial affairs officer for my I w school conducted a full investigation...the matter
was resolved with a finding th t no academic dishonesty took place on my part."
[Emphasis added.]
. .

The committee argues that ap icant was disingenuous when he stated that the academic
dishonesty investigation was "complet Iy resolved in [his] favor" because the investigation was in
fact resolved with a formal letter of w mingo Also,contrary to applicant's statement that several
students had signed supporting affidavi s,only one affidavit was ever submitted to the Nevada State
Bar in relation to the inquiry.
While applicant had clearly exa gerated the outcome of the investigation in that it was not
"completely" resolved in his favor,give the formal letter of warning,and only one affidavit,and not
several affidavits, was signed, the

ourt does not find that applicant had made material

misrepresentations. That standing alon does not reflect on his moral character.
However,what is of more conce

to this court in terms of whether applicant misrepresented

the outcome of the investigation is appli ant's behavior surrounding the investigation. Based on the
e-mails exchanged between applicant an Tratos.it is clear that Tratos took no position with respect
to whether applicant had written or not

ritten the paper. Tratos offered to help applicant retrieve

his "lost paper" by paying for a data reco ery service. Instead, applicant sent unprofessional e-mails
that unnecessarily escalated a frustrating situation for both applicant and Tratos. At the hearing in
this matter,Tratos testified that he foun the e-mails troubling and irrational and that no professor
would be comfortable in getting those co espondence. Thus,applicant's conduct negatively reflects
on his moral character.

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2.

Law School Compute

$100 Restitution Fee

13.1 of the applicatio

states: "Have you ever been dropped, suspended, expelled,

or otherwise disciplined by any school

r any reason other than academic performance? If yes, state

Question

the reasons fully below, providing the n me of the school, the date, the reasons for discipline, and the
final disposition."
Applicant marked the box "yes' and stated:
" I was fined $100 by UNLV fo moving a com puter monitor & keyboard
attach to my computer for an h ur in Dec 01, 2002."

10 feet

to

The committee contends that ap licant made misrepresentations about his scholastic discipline
in this matter because he gave the wron date of the incident (the correct date was October

his explanation did not address why

11, 2001),

e was fined and he failed to state that he did not have

authorization to disconnect the compu er. In fact, he was assessed a

$100

restitution fee for the

university staff time to reconnect and c eck the computer systems. And, he used the computer for
personal, nonacademic work without p rmission.
The court does not find that ap licant made material misrepresentations regarding the law
school computer. Stating an incorrect

$100

fine was adequate.

ate of the incident is immaterial and his reasoning for the

This charact rization of the computer incident standing alone does not

reflect on his moral character.

However, what does reflect on

s moral character is his testimony about the incident at this

hearing. Applicant testified that he was not sure whether he had authorization to use the computer
and that he simply knew that he needed

0 download a program from the school computer to get his

laptop working. Applicant's testimony s not credible. He knew or should have known that he had
no authorization to dismantle a comput r monitor, keyboard and mouse set up in the microforms
room of the UNLV Law Library as the c mputer was in an area not for general student use.

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B.

Applicant's Misrepresentat ons

1.

Employment History

a.

UNL V Law Lib ary Clerk

Applicant was employed by th law library at UNLV from October 1999 through May 2000
and was terminated from that positio

for poor performance and for taking $10 from the library

change drawer without permission. Th committee contends that because applicant omitted from his
initial September 2002 application abou the UNLV library employment, he made a misrepresentation
regarding his employment history. W en explaining his failure to include this employment in his
application, applicant stated:

"I did not feel that working as

duties included checking in and
employment, as described in th
4.2. Further, it was my belief th
six months' (the instructions for
longer than six months .. . ' ). I
period during the winter break fr

front desk attendant at the law library, where my

ut books and shelving books constituted law related
moral character applications instructions to Section
t I had not worked at the law library for 'longer than
his section call for listing employment that' ...lasted
as not employed at the law library for an extended
m classes in December 1999 through January 2000."

Yet,in his application for admi sion to the State Bar of Nevada filed on February 2,2001,
applicant listed the dates of his emplo

ent at the law library as October 1999 through May 2000.

He confirmed the dates of October 1999

ough May 2000 at the formal hearing before the State Bar

of Nevada on March 1,2002.

The court does not find that this

mission was a misrepresentation as the application for the

.
Nevada State Bar seeks different informa on from that of the California State Bar. The Nevada State
Bar asked for information on all empl yment whereas the California State Bar asked for any
employment history that lasted longer th n six months. Since applicant indicated that he was not
employed in December through January uring the winter break, there is no clear and convincing
evidence that his employment lasted long r than six months. Thus, he was not obligated to provide
information about his law library emplo

ent. Moreover, characterizing his termination as due to

"managerial conflicts" on the Nevada app ication and explaining on the California application that
he was borrowing the $10 overnight and re

rned the money the next morning was sufficient. There

is no clear and convincing evidence that hi borrowing the $10 on an emergency basis reflected upon
his moral character.

b.

The committee presented cle

and convincing evidence that applicant

misrepresented the
reason for his termination from the I
w firm of Schuering, Zimmerman & Scu
lly in Sacramento,
California. On February 23, 2003, ap
licant told the California State Bar that
the law firm let him
go because of his recent arrest. But 0
the same day,he told the Nevada State
Bar that he was let go
because he was not licensed in Nevada
and that the Supreme Court's deferment
order was too far out
for them to keep him employed.
The court finds that these discr pancies
evidence a lack of candor.2
2.

U.S. Patent and Trad

ark Office

The committee contends that in is applica

tion,applicant did not disclose that

he was applying
to take the examination with the U.S
. atent and Trademark Office in Oct
ober 2002 and that he
misrepresented his status as an "Agent'
when he should have been listed as an
"Attorney" since he
was a member of the Nevada State
Bar.
Applicant passed the October
"Agent " with the U.S. Patent and Tra
de
update,applicant provided a cop

2 02

examination and on May

2, 2003, he

ark Office,registration number 53,

905.

y of the U.S. patent and Tradem

ark Office lice

was listed as an

In his May 31,2004

nse,listing applicant
as "Agent. " In his February 15,200
7 upd te,applicant stated
that he was " [l]icensed as a patent
agent
since May of 2003 (though upo
n beco ing an attorney that
may now be classified as a
patent
attorney. " As of the hearing, app
licant i listed as an "Agen t" wit
h the U.S. Patent and Tradem
ark
Office.
According to the U.S. Patent
and rademark Office,if app
licant wanted to seek registratio
n
as an attorney, he had to submi
t an origi al certificate of goo
d standing issued within the
last six
months from the Nevada Supre
me Court. ut because applica
nt's membership with the Ne
vada State
Bar has been conditional, the
re is no clea and convincing
evidence that he was in good
standing.
2A year later,in his May 31,20
04 pdate to the Califo
rnia bar,applicant finally
reconciled the differences and
indicated th t he was terminat
ed
"due to not being licensed in
Nevada or California. " In his
February 15 2007 update,he
again reiterated that he was let
"due to the unexpected delay in
go
becoming icensed to practice
law in Nevada. "

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Moreover, applicant was not required

to regi
an "Agent" with the U.S. Patent and

ster as an patent attorney and had a cho

ice to remain as

T ademark Office. Therefore, he did

not misrepresent his stat

us
as an agent. His failure to mention
0 the application that he was
taking the patent and trademark
examination is insignificant and doe
s ot reflect on his moral character.
3.

Substance Abuse

More importantly,the commi tee pres

ented clear and convincing evidenc
e that applicant
misrepresented his relationship with
a cohol and treatment for alcohol abu
se to the committee.
In his March 19, 2003 update to the
application,applicant responded to
the committee's
request for information about his rela
ti nship with drugs and alcohol as foll
ows:

"I started drinking alcohol in y earl

y twenties and have never been mor
e than a
social drinker . . . I have not en
referred to any treatment programs
for drug or
alcohol abuse,nor am I current y em
olled in treatment. "
In fact,as part of applicant's no 0 con
tendere plea to a violation of Californ
ia Vehicle Code
23103 on March 11, 2003, applica
nt as ordered to attend eight Alc
oholics Anonymous (AA)
meetings on June 10,2003. He com
plie with this condition. In additio
n, at the informal conference
with the committee on july 8,2004,
appl cant for the first time admitte
d to having a history of alcohol
abuse and been a member of AA sinc
e anuary 1, 2002.
Therefore, the court finds that a
plicant lacked candor in his Ma
rch 19, 2003 update,given
that he was ordered to attend eig
ht AA eetings and that he had
a history of alcoholism.
When applicant admitted to alco
01 abuse at the informal con
ference,the committee advised
applicant that it would not recom
mend hi admission but offered
to hold his application in abeyan
ce
until January 13, 2005, so that the
comm ttee could evaluate his rec
overy from abuse. On july 19,
2004,applicant executed a Sti
pulation Pu suant to Rule X, Sec
tion 4 (abeyance stipulation) wh
erein
he agreed to have his recovery
from alco 01 abuse monitored
by LAP. On June 24, 2005, app
licant
provided an Authorization for Dis
closure d Release of Informatio
n which allowed LAP to disclo
se
information to the committee abo
ut appli ant's participation in LA
P.
On June 30,2005,applicant em
oll d in LAP. But on April 7,2006
,applicant was terminated
from LAP as the LAP Evaluatio
n Committ e determined that app
licant had not successfully com
plied
with its recommendations and tha
t applic had not gained insigh
t regarding his alcohol abuse issu
es.

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--

---- -------

Significantly, at this hearing, pplican

t was completely evasive about

his alcohol abuse. He

testified that he was not sure of the da
e of his sobriety and whether he consum
ed any alcohol in the
past four years. Applicant did not pres
nt any credible evidence on why he was
terminated from LAP.
On one hand, he claimed that he did
n t know why he was terminated from
LAP. On the other hand,
he claimed that he was terminated fro
LAP because he would not let LAP jeo
pardize his physical
well-being. In other word, applicant'
reasoning is without merit.
4.

March 11, 2003 nUl

The committee presented clea and con

vincing evidence that applicant misrepr
esented the
events surrounding his January 2003
UI arrest in his March 19, 2003 update
to the committee.
As previously found, in January 003
, applicant was arrested for driving a mot
or vehicle under
the influence of marijuana and late
r pI d nolo contendere to a violation
of California Vehicle Code
section 23103, reckless driving. In
his arch 19, 2003 update to his
application, applicant stated:
"While I would like to point ou
that I was not under the influence
of any drug when
I was pulled over for having my
seat belt unfastened, I must admit
that I had smoked
marijuana in the weeks preced
' g my arrest. I often wore the
same sweater I was
wearing the night I was arrested
. I would were [sic] it almost nig
htly to avoid turning
on the heat in my apartment. The
off
from nights when I had previous icer must have smelled marijuana on that sweater
y smoked marijuana. "
Applicant misrepresented the
ev nts surrounding his arrest
as evidenced by the following
:
1) a urine sample tested pos
itive for m ijuana; 2) the arr
esting officer noted that app
licant had
bloodshot, watery eyes, was uns
teady on is feet and had a stro
ng odor of marijuana emanated
from
his automobile, person and
breath; and ) applicant's ina
bility to perform any of the
field sobriety
tests administered by the arrest
ing office .
Moreover, California Highway
Pat 01 Officer Jeff George, the
arresting officer in that incide
nt,
testified at this hearing that
applicant w clearly under
the influence of marijuana
when he was
arrested. The officer testified
that applic nt was unsteady
on his.feet, his gums were coa
ted with
green pasty film and he was
unable to per orm the field
sobriety test.

C.

Material Omissions

The committee presented

clear
omissions from his applicati
on, as fol

lows

d convincing evidence tha

t applicant made material

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1.

State of Nevada - De artment

of Motor Vehicles Violations

The California State Bar appli tion requ

ires an applicant to report all convictions
, no matter
how minor the incident,and traffic viol
tions,including any failure to appear. App
licant omitted the
following information from his applic
tion:
a.

Applicant failed to appe r for traffic cita

tions on two separate occasions in Las Veg
as
Township Justice Court, Clark County
December 2, 1999 (Citation No. 1-02053
878A) and May
16,2001 (Citation Nos. 1-02497085A
d 1-02497085B).
h.

Nevada's Depar ment ofMotor Vehicles

Convictions

Applicant was convicte twice of spee

ding: January 9,2003 (Fallon Justice
Court,
Citation No. R l15317) and January 20,
2005 (Reno Municipal Court, Citation
No. 0000982687).
2.

Civil Judgments and D faults

Applicant did not update his app . cati

on to include information about this

committee filed its response listing

the

topic until after the

Howing civil cases,judgments and

default

s:
River Arms Apar ments v. Zachar
y B. Coughlin, Washoe County,
case No.
REV 2005-001396, an unlawful det
aine action against applicant for
default in payment of rent at
1255 Jones Street, #132, Reno,
NV 895 3 in the amount of $66
0. In April 2005,judgment wa
s
entered for plaintiff, but applica
nt has no made any payment.
a.

h.

River Arms Apart ents v. Zac

hary B. Coughlin, Washoe Co
unty, case No.
REV 2006-000909, an unlawful
detainer action against applicant
for default in payment of rent at
1255 Jones Street #132, Reno,
NV 8950 in the amount of $72
0. In April 2006,jUdgment wa
s
entered for plaintiff, but applica
nt still ha not made any payme
nt.
c.
Shipping Services . Zachar
y Coughlin, Washoe County,
case No. RSC
2005-000301, a small claims
action again t applicant for non
-payment of shipping services
for his
memory foam business. On Ma
rch 8, 200 ,default judgment
for plaintiff in the amount of $5,
161
was entered. Applicant has not
made pay ent on the judgment
against him.
At this hearing,applicant argued
th t he did not report the evictio
ns because he did not realize
they were lawsuits that should
be reporte . He also claimed
that he did not report the Shippi
ng

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Services lawsuit because by that tim

e e had been terminated from LAP

and

he therefore thought he
had no duty to report the lawsuit bec
use he was now in a litigation mode
with the State Bar. His
purported confusion is incredible and
is without merit.
3.

Employment History

a.

Law Firm of ale Lane

Applicant did not updat his applica

tion to include employmen

t at the law firm of Hale

Lane Peek Dennison and Howard,
P ,from July 17 through Decemb
er 6, 2005, or that he was
terminated from that position,until
aft r the committee filed its respons
e listing the omission.
b.
Similarly,it was not u til May 31,
2004, that applicant updated his app
lication to
include self-employment from Oct
ober 2003 to the present,as follow
s: "I started a Nevada business
and have been a sole proprietor,ow
nin and running a mattress com
pany, dba,'Zachary Coughlin's
Memory Foam Beds and Pillow ,
s. "
4.

Address History

Applicant did not update his

February 15,2007:

5.

plication to include the follow

ing address history until

a.

November 2003 - April 2004:

b.

April- October 2 04:

c.

October 2004 - A ril 2006:

May 2006 - Febru ry 2007:

4263 Greenhorn Ct.,Reno,

NV 89509
1044 W. 1 st St.,Reno,NV 895
03
1255 Jones #132, Reno,NV
89503
945 W. 12 thSt ,Reno,NV
89503
.

Financial Obligation
s

Again,applicant did not up

date is application to inc
lude his financial obligation
s to 11
creditors until February 15,2
007. Applic nt testified tha
t he has not paid any of the
se outstanding
debts:
Creditor

Aargon Agency,Inc.
AFNI,Inc.
Chase

-13-

Date Due

Amount Due

October 2006

$ 470

October 2006

$ 148

January 2007

$ 824

D.

Collection Service of
Digestive Health Ce

December 2006

$ 133

Collection Service of
Digestive Health Ce

January 2007

$ 419

River Arms Apartment

November 2006

$1,532

Credit Protections Ass c/

Charter Communicat'

January 2007

$ 267

Macy's

October 2005

NCO FIN 99/Well Farg

January 2007

$1,845

Revcare,Inc.!
Reno Regional Medic I Center

January 2007

$1,200

Wells Fargo Bank

November 2005

$ 836

55

October 2001 Arrest in a The

On October 14, 2001,applicant

As he was running away from theater

as arrested after sneaking into a Las Veg

p sonnel,he was caught and accused

of

matter was ultimately dismissed in Jan

as movie theater.

resisting arrest. The

u ry 2002.

Applicant was not required to re ort

the arrest on his application becaus
e it was dismissed.
Nevertheless,he did report it after
the c
ittee made an inquiry into the arre
st. The incident was
insignificant as to his moral charac
ter.
E.

Substance Abuse and Menta

l

The committee requested a foren

ie/clinical assessment of applica
nt,focusing in particular
on whether he currently suffers
from alco I abuse or other dru
g abuse or dependency,and if so,
what
if any monitoring,testing or trea
tment is
Accordingly,Dr. Douglas E. Tuc
k r,a board certified physician
in

the field of medicine and

psychiatry,examined applica
nt on April 7, 2007. He reporte
d that applicant met the diagno
stic
criteria for alcohol and mariju
ana abuse
defined in the DSM-IV TR (Di
agnostic and Statistical
Manual,4th edition,of the Am
erican Pysch atric Association,
2000). He also reported that
applicant
received a score of 14 on the
Michigan A coholism Screening
Test,a diagnostic questionnaire
in
which a score of three points
or less is considered nonalc
oholic, four points is sugges
tive of
alcoholism,and five points or mo
re indica es a diagnosis of alcoho
lism.
_

-14-

addition to alcohol and rna ijuana abuse, Dr. Tucker

determined that applicant met the
diagnostic criteria for other psychiatric isorders which
contribute to his liability to abuse substances.
These included ADHD Combined Typ (Attention Defic
it-Hyperactivity Disorder), chronic back and
neck pain, chronic depression, and pass ve-aggressive
and oppositional-defiant personality traits. Dr.
Tucker could not testify as to whether pplicant is curre
ntly abusing alcohol or marijuana.
Finally, Dr. Tucker reported th t applicant has clinically
significant pathological personality
traits which have led to distress as weI as psychosocial
and professional impairment. Applicant's
behavior surrounding the academic dis onesty investigati
on by UNLV demonstrates that at the time
of the incident he suffered from this p hological personality
trait.
In

The court is concerned whether pplicant is currently abusi

ng alcohol and marijuana such
it would impair his ability to function

that

a lawyer and/or impact on his moral character.

Applicant was deliberately evas ve on the issue of alcoh

olism on his application, during his
deposition and at this hearing. For ex mple, applicant
was unable to tell the court anything about
his sobriety, other than the fact that he ttended AA
meetings. Therefore, this court cannot at this
time resolve any reasonable doubts on t e issue
of alcohol in applicant's favor because of his lack
of
candor and his failure to present any evi ence
of his current state of sobriety.
Moreover, applicant's mental st ility concerns
this court. Associate Dean Christine Smith
of the law school at UNLV testified that hile
applicant was a student at UNLV, she thou
ght he had
substance abuse/mental health issues b
cause applicant exhibited several instance
s of irrational
behavior where he escalated and misinte
reted certain encounters.
Similarly, at this hearing, applic

t repeatedly conducted himself in a mos

t unprofessional

manner, raising sufficiently serious que

st ons regarding his mental condition. In
particular, when he
cross-examined the witnesses, his behavi
r was troUbling. Applicant ignored the
court's instructions
and berated his cyberlaw instructor, Trat
s, as well as his school, during the test
imony regarding
applicant's 2001 academic dishonesty
i estigation. He was totally disrespe
ctful, unnecessarily
hostile, and downright rude and arro
gan to Highway Patrol Officer Jeff
George concerning his
January 2003 DUI arrest. And, when
th Las Vegas Metropolitan Police
Officer Juan Cho was
testifying about the 2001 movie thea
ter arrest, applicant was totally unp
rofessional, rude, and

-15-

belligerent towards the officer. He c nstantly interr

upted the officer's testimony and belittled him
at every opportunity.
Thus, applicant's substance a use and mental health
stability are at issue and unres

olved.

VI. Applicant

as Failed to Prove His Rehabilitation

This court has found that the ommittee has sustained

its burden of proof in rebutting the
applicant's prima facie case with res ct to the follo
wing claims: applicant's lack of candor at his
deposition and material omissions fro and misreprese
ntations on his application regarding various
issues,such as his misconduct at UNL ,employment
history, substance abuse,DDI conviction,court
appearances, civil actions, residential ddresses, finan
cial obligations and mental health.
Applicant has the burden to es blish his rehabilitat
ion. But very little, if any, evidence was
offered by applicant with respect to hi rehabilitation.
Seeking admission calls for "a high degree of frank
ness and truthfulness on the part of the
[applicant] making application for adm ssion to
practice law in this state,but no good reason pres
ents
itself why such a high standard of integ ity shou
ld not be required. This duty to make a full
disclose
is an absolute duty." (Spears v. The St te Bar
(1930) 211 Cal. 183, 187.)
Applicant is under a continuing obligati
on to keep his applica

tion current and must update

responses whenever there is an additi
n to or a change to information previous
ly furnished the
committee. (Rules Regulating Admissi
n to Practice Law, rule VI, 7.)
Although applicant submitted si upd
ates on his application from January

2007, the information provided wer

e no true updates in that they were
not cha

2003 to February

nges to information
previously furnished the committee.
Bu rather, applicant was constantly
amending his application
due to his repeated significant omissi
o s from the application. Applica
nt cannot show that his
repeated failure to fully disclose info
rmat on on his application was uninten
tional or mere negligence.
(Cf. Hallinan v. Committee ofBar
Exa iners (1966) 65 Ca1.2d 447,
473.) More importantly, the
material and numerous omissions not
onl reflect applicant's cavalier atti
tude toward the application
process but also reflect adversely on
his oral fitness to practice law.
(Cf. In re Gossage (2000) 23
Cal.4th 1080, 1098.)

-16--'--- ----

Moreover, applicant's omissi

s not only reflect a pattern of lack of candor but also a lack of

appreciation for details and full discl ure in documents he verifies under penalty of perjury as true
and complete. Completion of the ap ication is not merely an exercise on the way to admission to
practice. (Cf. In the Matter of Gidd ns (Review Dept. 1990) 1 Cal. State Bar Ct. Rptr. 25, 34.)
Repeated acts of negligence or omiss' n may constitute moral turpitude and "prove as great a lack
of fitness to practice law as affirmative violations of duty." (Bruns v. The State Bar (1941) 1 8 Cal.2d
667, 672.)
Applicant has a heavy burden

this case. Considering the mUltiple acts of misconduct, he

must present evidence of rehabilitation by his sustained conduct over an extended period of time that
he is a person of good moral character Cases authorizing admission on the basis of rehabilitation
commonly involve a substantial perio of exemplary conduct following the applicant's misdeeds.
(In re Gossage, supra, 23 Cal. 4th at p. 1 096; see also Kwasnik v. State Bar (1990) 50 Ca1.3d 1 06 1 ,

1 07 1 -1 072 [emphasizing seven or eigh -year period that elapsed since applicant wrongfully evaded
payment of a civil judgment]; Martin B

v.

Committee olBar Examiners (1983) 33 Ca1.3d 7 17, 726

[emphasizing nine-year unblemished r cord after applicant was accused of rape as a Marine]; Hall
v.

Committee olBar Examiners (1979) 5 Cal.3d 730, 742 [emphasizing six-year period in which no

complaints were lodged against applic nt's employment business after his business license was
temporarily suspended by an administr ive agency].)
Here, applicant did not present an evidence of rehabilitation over a substantial period of time.
It is clear that in the past applicant ha alcohol abuse problems. What little evidence applicant
presented on rehabilitation with respect t alcoholism was all self-reported. In short, there was little
credible evidence presented that applica

no longer has a substance abuse problem. Also, applicant

appears to be suffering from certain psyc iatric disorders including ADHD, chronic depression, and
passive-aggressive and oppositional-defi nt personality traits, which appeared to have affected his
behavior in this trial. Applicant's conduc was unprofessional and troubling. He was never on time
for the hearing and he randomly berated

d belittled witnesses under circumstances where it made

no sense.

-17--------------

Whether an individual is a fit

d proper person to be permitted to practice law usually turns

upon whether that person has commi ed or is likely to continue to commit acts of moral turpitude.
(Hallinan

v.

Committee of Bar Exa iners (1966) 65 Ca1.2d 447, 453.) Applicant's repeated

violations of his absolute duty of

ankness and truthfulness during the admissions process

demonstrate that he has yet to attai

the state of mind necessary to achieve reformation and

regeneration and is little different fro

the person who behaved so poorly in the past. Furthermore,

his evasive testimony regarding his al ohol abuse evidencing lack of candor precludes any finding
of exemplary conduct over a meaning I period of time. Therefore,the court cannot conclude that
applicant is not likely to continue to c

mit acts of moral turpitude.

Each act of applicant's misco duct is not so serious as to find him lacking good moral
character. But,in examining the combi ed record of his multiple acts,particularly his lack of candor
and irrational,combative behavior thr ughout these proceedings,the court is confronted not by
isolated or uncharacteristic acts but by a continuing course of misconduct extending over a period of
several years. The risk of applicant repe ting this misconduct is considerable. Thus,the court cannot
find applicant to possess the requisite g od moral character for admission.
Nevertheless,it is possible that i applicant submits an application that is detailed, complete
and accurate,if he seeks and undergoes ubstance abuse/mental health treatment over

an

extended

period of time,if he can show good fa th in satisfying the judgment creditors,and if he obtains
unconditional admittance to the Nevada tate Bar in 2008,then applicant may be heading to the right
direction in satisfying his heavy burden

ith such favorable evidence of exemplary conduct over a

lengthy period to demonstrate rehabilitat on.

But, as of now, based on the

aterial omissions from and misrepresentations on the

application,applicant's failure to satisfy h s financial obligations,his evasive testimony regarding his

substance abuse issues and his erratic,h stile and belligerent behavior at trial,the court finds that
applicant has failed to demonstrate his re abilitation.

-18-

II. CONCLUSION

Therefore, applicant Zachary Barker Coughlin has failed to establish that he currently
possesses the requisite good moral c

acter for admission to the practice of law in the State of

California.

Dated: August

rt-, 2007

PAT McELROY
Judge of the State B

-19-

CERT FICATE OF SERVICE

[Rule 62(b), Ru s Proc.; Code Civ. Proc., 1013a(4)]

I am a Case Administrator of the Stat Bar Court of California. I am over the age of eighteen and
not a party to the within proceeding. ursuant to standard court practice,in the City and County of
San Francisco,on August 20, 2007, I eposited a true copy of the following document(s):
DECISION

in a sealed envelope for collection an mailing on that date as follows:

[ X]

by first-class mail,with posta e thereon fully prepaid, through the United States Postal
Service at San Francisco,Cali mia,addressed as follows:

ZACHARY B. COU

LIN

945 W. 12TH ST.

RENO, NV 89503

[ X]

by interoffice mail through a

addressed as follows:

cility regularly maintained by the State Bar of California

SUSAN KAGAN , Ent rcement, San Francisco

I hereby certify that the foregoing is tr e and correct. Executed in San Francisco,California,on
August 20, 2007.

;
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Case Administrator
State Bar Court

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IT IS SO I JlWf.Ut:l).

Apn' :;3,2(}()7

Judge or the Slate 1>a,rt.,clUn

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THE STATE BAR

OF CALIFORNIA

OFFICE OF THE CHIEF TRIAL COUNSEL

180 HOWARD STREET, SAN FRANCISCO, CALIFORNIA 94105-1639

ENFORCEMENT
TELEPHONE:
TOO:
FAX:

(415) 538-2000
(415) 538-2231
(415) 538-2220

April 24, 2007

Jerome Fishkin
Attorney at Law
1111 Civic Center Dr. Suite 215
Walnut Creek, CA 94596
RE:

Zachary B. Coughlin
State Bar case no. 06-M-13755-PEM

Dear Mr. Fishkin:

I

am

enclosing a subpoena directing you to appear and give testimony in the above-referenced matter.

Trial is currently set for May 8-10, 2007 in San Francisco at the State Bar Court, 180 Howard Street, 6

th

Floor, San Francisco, CA. You will most likely only be asked to testify on one of those dates. Deputy
Trial Counse! Susan Kagan or I will contact you shortly to schedule you and discuss your testimony.
I

am

also enclosing an Acknowledgment of Receipt of Subpoena which I request you to sign and return

to me in the enclosed prepaid return envelope.

Also enclosed is a map of the area surrounding the State Bar Court, as well as driving directions. You
are entitled to a witness fee of$35 per day of your testimony, as well as mileage costs for travel. In
addition, we will reimburse you for incidental costs associated with your testimony, e.g., bridge toll,
parking, etc., so please save your receipts for these incidental costs and submit them to me for prompt
reimbursement. Parking around the State Bar Court averages$20.

Thank you

very much for your cooperation in this matter. Should you have any questions in the

meantime, please contact me at 415/538-2540 or Deputy Trial Counsel Susan Kagan at 415/538-2037.
Sincerely,

L
Legal Assistant to

Susan Kagan

Deputy Trial Counsel

/It
enc.

THE STATE BAR OF CALIFORNIA

OFFICE OF THE CHIEF TRIAL COUNSEL
SUBPOENA
(California Business and Professions Code Sections 6049 to 6052 and 6069)
[n the Matter of

Case No. 06-M-13755-PEM

ZACHARY B. COUGHLIN,

TRIAL SUBPOENA

EJ
o

A State Bar Applicant

THE STATE BAR OF CALIFORNIA, TO:

1.

For Personal Appearance

Production of Documents and Things.

Jerome Fishkin, Esq.

Fishkin & Slatter, LLP
1111 Civic Center Drive, Suite 215
Walnut Creek, CA 94596
(925) 944-5600

YOU ARE ORDERED TO APPEAR TO TESTIFY AS A WITNESS in this proceeding before a Judge of the State Bar Court at the following time and place:
THE STATE BAR COURT
Place:
Time: 9:30 a,n).
Date: May 8-10, 2007

180 Howard Street, 6lh Floor

San Francisco, California 94105
Telephone: (415) 538-2050

2.

YOU ARE FURTHER ORDERED AS FOLLOWS,

b.

d
e.

EJ
o

This subpoena is directed to a financial institution. The production of financial records described in this subpoena is consistent with the scope and
requirements of the above entitled State Bar proceeding_ You are ordered to produce the financial records described in attachment #1.
Trust Account Records. There is reasonable cause to believe that the financial records desclibed in attachment #1 pertain to trust funds which the member
of the State Bar of California who is the subject of these proceedings must maintain in accordance with the Califomia Rules of Professional Conduct. All
members of the State Bar have ilTevocably authorized disclosure of trust account records to the State Bar .of California by operation of law (California
Business and Professions Code section 6069(a)).
NonTrust Financial and other Records. You are ordered to produce the documents and things described in attachment #1. A declaration in support
of this request is appended hereto as attachment #2.
Ordered to Appear in Person.

Not requested to appear in person; however, you are ordered to produce true, legible, and durable copies of the documents described in attachment #1,
along with an affidavit of the Custodian of Records, in lieu of personal appearance pursuant to California Evidence Code sections 1271 and 1560 et seq.
(1) Place a copy of the records in an envelope (or other wrapper). Enclose your original declaration with the records. Seal the envelope, (2) Attach a copy
of this subpoena to the envelope or write on the envelope the case name and number, your name and date and time, and place from paragraph I above
(3) Place this first envelope in an outer envelope, seal it and mail it to the Clerk of the State Bar Court at 180 Howard Street, San Francisco, California
94105, (4) Mail a copy of your declaration to the undersigned at The State Bar of Califomia, 180 Howard Street, San Francisco, California 94105.

3.

You are entitled to witness fees and mileage actually traveled both ways as provided by law. Evidence Code section 1563 governs witness fees for production of
business records.

4.

The State Bar is not required to issue notices to consumers (California Code of Civil Procedure section 1985.3(a)(3.

5.

IF YOU HAVE ANY QUESTIONS ABOUT THIS SUBPOENA, YOU MAY CONTACT SUSAN 1_ KAGAN BEFORE THE DATE ON WHICH YOU ARE
P T O F COURTIN THE SUPERIOR COURT

TO APPEAR AT 415-538-2037. DISOBEDIENCE OFTHIS SUBPOENA MAYBE PUNISHED AS

OF THE STATE OF CALIFORNIA.

Date issued: April 19, 2007

SUSA
GAN
Deputy Trial Counsel

nary
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TtJis Pretnat Statement IS filed on Dehart o! bcw't C<>..g'llr: ~~.

(b) SubStance of the p,oceeOong

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STATE B.\R COURT CtE!lt<'s OfFICE

SAN FRANCISCO

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THF STATE BAR COURT

HEARI\;G DEP.-\RTMENT - SAN FRANCISCO

) Case /-;0. 06-M-13755-PEM

) \IOTION TO COMPEL APPLICANT'S

) ATTENDANCE AT DEPOSITION IN SAN
) FRANCISCO; MEMORANDUM OF POINTS
) AND AUTHORITIES; DECLARATION OF
) SUS A I. KAGAN
)

) [Code Civ. Proc., 2025.480]

) Pretrial Cone: April 23, 2007
- - - - - - - -_ _ _ _--.:)Trial: May 8-10, 2007
'\..-.,... . . . - f..1T A.Jm.lSSlOn.

. l-\CHARY B. COl'GHLlN, applicant herein:

PI.F -\sr T \KE :--OTICE THAT the Stale Bar of California, by and through Deputy

1:

,.,"; SlS.-\' I KAGAN, hereby moves the State Bar Court for an order compelling
:-

- _...

f~ ::i"lld:mce Jt 3 d('positlon at the State Bar offices at 180 Howard Street, San

n:; m:,twn tS made ptmuant to Code of Civil Procedure ("CCP") sections 2025.250
D ~ ;moods that the interests of justice will be served by ordering applicant's

C.odaI..-:c at.! dcpvsltion 3t the State Bar offices in San Francisco.

--1-

'elma' ... de'" "Irem

011 July 1,2004, opp_ ponicipoIed

c.nml_ .

II

is

, _ _ dll.m11U111on

on........... _

.... wid! ....

AI .... '-Ina. opplicont claimed 10 ....... ~ 10 oIcaIIoL _ _ be

1MI_"'_
2.

ID . .

orlheconductmvCIIlpledbyIheCOIIIIIIdIecm_lodl_

On Much 2, 2007, opp"can,'.,...m-y _

......,by-.yofdopooi1ioa m R-,

. . . . AlIIIe cIepooitlOll, oppli..... relboed 10 _or q _ ....diDa his oddictioo 10

...IIGI 0II111e bal. or prlVlCy and conrodcntillity.

10

3.

On Much 14,2007, PUI'IUIII'IO CCP _

2016.040, \be Stale BIr _

a ......

noq-.s 10 .0IjI0IId 10

II

IIIIJ111/1M1t lD III aIIempt 10 informally ....Iv. Ihe iAue. Applicant _

12

....... byMuch 19,2007. Appli..... did not respond 10 Ihe Stale BIr'. March '4. 20071eaer

IJ
U

IS
N

On Much 20, 2007, the Slate BIr filed a motion 10 compel opplic:alll'._en on

"~ofaloohol adcIlctionplitllWillO CCP _tiona 202.5.46O(cI) and 202S.48O(a).

S.

On AprIl 12,2007,. status confereuce _

held ill Ihe _ . AIIhe_

- - - - . Ibo CourIluuecllll order compelliDs applic:alll'a _ e n at cIepooibon 0\1 \be isle

of IIaoboI addiction. lD

file Court .....: ... to . . isle of \be deposition bein& held

......_,...__111 ....... _ 1110 place then \be Stale
;fIIiI.jDwt_I~~iIpeI"'l_uId he filed."

"ii .

deposi,tionlO take place 011

The Slate Bar aped 10 pay

~~".S.F~.A~tion

able to come

(0

Sail Francisco ror it." Applicant did nOl provide un explanalion ror hIli lasl-

minute cancellat ion or for his inab il ity to attend the deposition in San Francisco.

8.

In response to app licant's voicemail message, on the morning of April 16.2007.

the State Bar left a voiccmail message [or appl icant requesting that he contact the State Bar as

soon as possible to discuss the deposition. Applicant did not contact the State Bar on that day.

6
7

9.

On the moming of April 17. 2007. the State Bar left two voicemail messages ror

applicant. The first requested appl icant to contact the State Bar as soon as possible to discuss the
deposition. The second adv ised that irapplicant did not contact the State Bar by 12:00 p.m., on

April 17,2007, the State Bar would file a mot ion for sanctions in this matter.
9
10.

Applicant did not show up to the deposition at the State Bar offices in San

10

Francisco on April 17, 2007.

II

11.

At approximately 3:00 p.m. on April 17,2007, applicant contacted the State Bar

12

to advise that he was not willing to attend a deposition in San Francisco without a court order

13

compelling him to do so. He did not provide an explanation for his refusal to attend a deposition

14

that he previously agreed to attend, or provide a valid basis for his inabili ty to attend the

15

deposition in San Francisco, other than stating that he does not have much money. Applicant

16

also refused to attend a deposition in Sacramento for the same reasons.

17
18
19

12.

On April 18, 2007, applicant and Dr. Tucker agreed to schedule the independent

medical examination on April 27, 2007, at 9:30 a.m.

13.

On April 18,2007, when questioned by the State Bar whether he would agree

20

attend a deposition in San Francisco if it is scheduled around the same date as the examimltic)~

21

with Dr. Tucker, applicant responded, "I'm not sure."

22

14.

On April 18, 2007, the State Bar left a voicemail message for applicant ."".;.;~

23

that it would pay reasonable travel expenses, including a hotel for the night of April 26,

24

connection with Dr. Tucker's examination.

IS.

On the morning of April 19,2007, the State Bar left a voicemail message

26 applicant requesting that he contact the State Bar to discuss scheduling his deposition at
27

Bar offices in San Francisco on the afternoon of April 26, 2007.

28
-4-

able 10 come 10 San Francisco for il" Applicant did not provide a" eXlllnn3tton

roT

minule cancellalion or for his inability to attend the deposition in Sun Frunci:;cQ.

8.

In response to applicant '5 VOiCenllU1111cssage, on the: Illoming of April \ b. 2007.

thc State Bar left a voieemail message for applicant requcstlllg that he contact the Stolle: Bar;\~

soon as possible to discuss the deposition. Applicant did not contact the SI.tte Bar on th <llliay.

On the morning of Apri l 17, 2007, the State Bar left two voiccmnil messages for

applicant. The first requested app licant to contact the State Bar as soon as possible to discliss the

deposition. The second advised that if app licant did not contact the State Bar by 12:00 p.n\ .. on

April 17,2007, the Siale Bar would file a motion for sanctions in this matter.
10.

10

Francisco

011

Applicanl did not show up to the deposition at the State Bar onices in San
Apri l 17,2007.

II
II.

12
13
14
15

16

to advise that he was not willing to allend a deposition in San Francisco without a court order
compelling him to do so. He djd not provide an exp lanation for his refusal to attend a deposition
that he previously agreed to attend, or provide a valid basis for hi s inability to attend the
deposition in San Francisco, other than stating that he does not have much moncy. Applicant
also refused to attend a deposition in Sacramento for the same reasons.

17
18

At approximately 3:00 p.m. on April 17,2007, app licant contacted the State Bar

12.

On April 18,2007, applicant and Dr. Tucker agreed to schedule the independent

medical examination on April 27, 2007, at 9:30 a.l11.

19

13.

On April 18, 2007, when questioned by the State Bar whether he would agree to

20

attend a deposition in San Francisco if it is scheduled around the same date as the cxan"lination

21

with

22

Dr.

Tucker, applicant responded, "I'm not sure."

14.

On April 18,2007, the Stale Bar left a voicemail message for applicant advising

23

that it would pay reasonable travel expenses, including a hotel for the night of April 26, 2007, .

24

connection with Dr. Tucker's examinalion.

25

15.

On the morning of April 19,2007, the State Bar left a voicemail mcssage far

26

applicant req~esting that he conlacl the Stale Bar to discuss scheduling his deposilian at the

27

Bar offices in San Francisco on the afternoon of April 26, 2007.

28
-4-

minule cancellation or for his inability

8.

(0

attend the deposition in San Francisco.

In response 10 applicant's voiccmail message, on the morning of April \6,2007,

-4

the State Bar len a voiccmail message for applicant requesting that he contact the State Bar as

soon as possible to discuss the deposition. Applicant did not contact the Slate Bar on that day.

9.

Ol1lhe !naming of April 17,2007, the State aar left two voicemail messages for

:.Ipplic:mL The first requested applicant to contact the State Bar as soon as possible to discuss the

deposition. The second advised that if applicant did not contact the State Bar by 12:00 p.m., on

April 17.2007. the State Bar would file a motion for sanctions in this matter.
9

10.

Applicant did not show up to the deposition at the State Bar offices in San

10

Francisco on April 17,2007.

II
12

13

14
15
16

17
18
19

It.

At approximately 3:00 p.m. on April 17,2007, applicant contacted the State Bar

to advise that he was not willing to attend a deposition in San Francisco without a court order
compelling him to do so. He did not provide an explanation for his refusal to attend a deposition
that he previously agreed to attend, or provide a valid basis for his inability to attend the
deposition in San Francisco, other than stating that he does not have much money. Applicant
also refused to attend a deposition in Sacramento for the same reasons.

12.

On April 18,2007, applicant and Dr. Tucker agreed to schedule the in,ie>,endel\~

medical examination on April 27,2007, at 9:30 a.m.

13.

On April 18,2007, when questioned by the State Bar whether he would agree

20

atlend a deposition in San Francisco if it is scheduled around the same date as the eX'tm,.nal:lOj

21

with Dr. Tucker, applicant responded, "I'm not sure."

22

14.

On April 18, 2007, the State Bar left a voicemail message for applicant .0",,1

that it would pay reasonab le travel expenses, including a hotel for the night of April 26,
connection with Dr. Tucker's exam ination.

15.

26

On the moming of April 19,2007, Ihe State Bar left a voicemail message

applicant requesting that he contact the State Bar to discuss scheduling his deposition at

2i Bar offices in San Francisco on the aftemoon of April 26, 2007 .

16.

On April 19. 2007, respondent advised that he would not attend the dt:position at

the Stale Bar offices in Sail Francisco on April 26, 2007.

AN ORDER COMPELLING APPLICANT'S ATTENDANCE AT A

DEPOSITION IN SAN FRANCISCO IS IN TIlE INTERESTS OF JUSTICE.

5
CCP section 2025.250(a) addresses the location of a deposition and provides in relevant

6
part:

9
10

"(a) Unless the court orders otherwise under Section 2025.260,

the deposition of a natural person, whether or not a party to the
action, shall be taken at a place that is, at the option of the
party giving notice of the deposition, either within 75 miles?f
the deponent's residence, or within the county where the action

is pending and within 150 miles oCthe deponent's residence"

tl
CCP section 2025.260 provides in pertinent part:
12
13
14
15

16
17

18

"(a) A party desiring to take the deposition ofa natural person

who is a party to the action .... may make a motion for an order
that the deponent attend for deposition at a place that is more
distant than pennitted under Section 2025.250. This motion
shall be accompanied by a meet and confer declaration under
section 2016.040.

(b) In exercising its discretion to grant or deny this motion, the

court shall take into consideration any factor tending to show
whether the interests of justice will be served by requiring the
deponent's attendance at that more distant place, including ,but
not limited to, the following:

19

20
21
22

23
24

(6) The expense to the parties ofrcquiring the deposition to be

taken within the distance permitted under Section 2025.250.

(7) The whereabouts of the deponent at the time for whieh the
deposition is scheduled.
(c) The order may be conditioned on the advancement by the
moving party of the reasonable expenses and costs to the
deponent for travel to the ptace of deposition,"

25
26

In accordance with CCP sections 2025.250 and 2025.260, the State Bar moves for
order compelling applicant's attendance at a deposition at the State Bar offices in San

28
-5-

I Ih

I r.lt1<

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I'l'ilsll n"hlt.' In (lI'dl' l ;lppltt';1111 In IIlt l' mlli dl'PUS I1U1Il III S.m I;r.mcisco III ordl.!r to answer those

21

"

2.1

IIli1fll'!

24

flf

25

ill

dors 1101

,ldth ctlUl1 nn

the husls of pri vacy :.\1\1.1

appl!rulIl 's Il' lmill l Itl ll llSWl'1' the qu c!;tmlls was wi thout merit. It IS

Ih,' '"011 ,111111 "

Ua, 1II"'lId . '"I'''"Tt-d

'Ih.'llhul

'""iI," IS , dlcd"lcdlo C<IIIIlIIcnee 0\\ May 8, 2007.

Although Ihe

'0 ,nlll (lilihal dul t'. the wl1,k schedu\c orlhe deputy Irial counsel in

11'iiSilllilhl y 1".'rllIll

tntvd to

I{l' nn in

2h 1/1

27

28
6

the next two weeks.

,
6

Onlul'."'"
. ". - - .
9

.lp~

rlC:UlI p.ut!Clp.UN
.
III Jll mfl.'ml;U h~aring \\ lth the

Com:nit:t"C At th!lt hc.uinc

- ..-\ atI!1U!
., to hase an ':t1.iJiclion to alcohol. \\ hich he
_, )on
_r r11.J.nt

comc!1dcd :.111SN Sl.rne of the ..-:..~n Ju...t

-

II

.:hsr.:iCk":' dctemll.C:l'j~"'n_

12

.'

On

.
m\~t1gJtcd.
b~

\t:m:h 1. -'0(:" . 1 lraH' I"t:u to Reno to t;il..c 3ppllcanC

.
s depositlOn.

13

d~sluon

I':

J.1cobol on the basis of priV:1cy and confidenti31it\

15

the Committee in relatton to Its moral

At the

on .\i.11"Ch'"-. -"00- . J.pp

- " lC.J.Jlt relused
.
to ans\\cr questions regarding his addiction to

On )I3ICh

l~. ::00-,

pursuant to cep secllon

:!016.~O. I sent a letter to applicant

16

in an anempt to infonnJ.lly resolve the issue. Applicant was requested to respond to the letter by

I~

-'farch 19. "00- Applicant did not respond to my ~Iarch 14, 2001 letter.

6.

IS
19
~o

On '\farch

~O.

2Q(r. I filed:1 motion to compel applicant's answers at deposition

pursuant to CCP sections :'015.-I6O(d) and 2025ASO(a).

-,

On April 12. :'00-. a stalUS conference was held in the matter. At the status

21

conference. the Conn issued an order compelling applicant's answers at deposition on the issue

"

of alcohol addiction. In its order. the Conn stated: "as to the issue of the deposition being held

23

in Reno or San Francisco- if the parties cannot work out an agreement as to place then the State

24

Bar needs 10 file a motion \\;th respect to where the deposition should be ftled,"

8.

On April 12. 2007, after the starus conference in this matter and pursuant to the

26

Coun' s order compelling anendance at deposition, I left a voicemail message for applicant

27

requesting that he contacl me to reschedule his deposition, Applicant did not respond to my

28

\oicemail message on thai date,

.......'.....
,

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w,'

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14
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Coun' s <>rdcr ~ompdlin~ attcnJ;u, "

27

requ :ting !hat h ~,UJl3l:t me I" n'$ 'h ~ll\' his ,\ '\ :>sili"ll .\""he;"'1 did n,,1 respond 10 my

\ ole mJII message on (hat JJIC.

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On \plll 1I), ,"t007, rCSptl1ldl'nlud\,Hu..d 111lI! he w~1\1'd

ll),

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utlcnd the deposillOn at

the Stall,.' B.I1-oflil'L'S III Sail Fr,ltll'IM:O on April 2h. 2007 ,

20.

1\1)' "("Ill sdlcduk I()I the un! Iw\,.) wccks is tiS Iblllnvs:

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\pnI1.1,

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I~

15

11 :.10 n.l1I.

st;II\I~ ('('1nli.Jrcm~cs ill unrc1utcd I1mllcrs .

prclrm\ cl..lIlfc\'cncc ill this mtlUcr,

10

\pnl .2h ..'!007:

9:.10

lUll.

deposition ofl'cspomknt ill unrelated malter .

17

April

2], ~007'

9:o.l5

iI,llI. ~

sln!us conference in unrclulcd I1wllol',

1
19

I ur.:ctln: 11111.11..'1' pl'nalty ofpc~jury under the laws l)fthe ~lal\! ofC'ulifol1lia that the
{orcgolllg IS true

22

and

/'xertJlc" Ihls

COITL'\,.'1.

dtlynr

~'\

23
24
Ikciaranl

,2007 Stln Frllncisco, California,

-,

f\lEtI
AI'I{ I Ii
~'fAIl" 11,\ I{ ('OUI{

I' OV ( 'AL I FOHN IA

nm,

STATlllAH COUll! C\HK'~OII M

SAN IIiANCISCO

II.':AHIN(; IWI'AlfrMENI

SAN FI(ANC' ,SC '()

IlIlh~ ~blll'l 01

('II~C

L.\CTT\ln II. COII(;III,TN

OIWEII (aIANTlN(: ~I \ '1Ii \I \TI'~

IU:N I';W lm MOT ION I'OIIFQl1I1n'

Net. 0(, -1\1

AI'I'LU'ANT

n7~~ - II:1\1

ro SlIUt\IIT TO

\ l\WI)H \1

FXAMINA nON

4.11 \pplKanl IiII' Adllllssioll

( )n r"'lan:h 20, '~()f) 7. Iht' ( III icl' \1r Ihe ( 'hil'!" [nal t'llunsl'l oj the Stull' H\tt' of( 'al,I'UI'IHil (Slut~
Hal) li/t'll ;1 "!\-lll lion for ()nk'[

Rcquirill~

I\pplu.:mH to Submit In Imkp\.'mknt f\ll'l!ical

",'(011111110111011. '. AI a :-;\:lIU8 couh:rClllT. Iwld 011 April 12,2007. the l'UlItl!(llL!ld Ihlll then.: WIIS ~IHld

liN: In l"llIdtH:llh,,' mcnlal ht'alth cvalUUlitll1. given Ihut applicant hud p\ucc:d his usc of (I\t.;l)\lO\ 1\1
'lC

111 fhe instil/II rnalh:r Ilowevc,.'r, the cllllrt tknit'd wi llUlut prt'jmhcC' the Stute Hm's muti(H\ fur

olJcr rC'/tllflllg ;Ipplie:tllt ttl sublTlLt to

tt

mcdical eXUlll inatillll, i.e., u mcnhli heahh CX'UllIlliltiun

iimlled Itl 11K' ISSUl' or suhshllH:e abusl' In hl: pcrforillcd by a physiciun ccrtilil'd ill addietlun
rtle<JiI'if1(" hccituSI.'

lhe Stith.' Ba .. hlld lililed

to

speedy Ihe manner, condi tion, lind 1I(llnn: llf Ih\,.'

l.:qm.'Slcd JIIedrt'all'X;lI1l1nalum ill uCCtlrdullce with ruh.: 184 urlhe Ru\cs ot'Proccdurc orthe XI(lle
U;Jr
()n April J 2. 2007, thl' Stale Bar filc.:d n "Renewed Motlun l'or Order Rc:qulrinS " 11plkunl

10 "'uhmit III un lndcp\"'mh:nl Mcdical l;x:uni lillti(lll," which illcnrporaled ils CHl'licl' Mmch 20. :()(n
motion and :llso ... ret:llicd the

IIl.UlI1L'J'.

conditiun, and natu!'e orlhc rcqucstl.:d mcdkll\ l'xuminulion

In ilcrdrd~,"L'('" \\'ith rule I Hoi

AccorJingl). go",1causc' "I'Pcuring. Ihe ellurl hereby ()Rln:I~S :

AppliraAI Zachary Coughlin to undergo a medical exuminnlion/cvlIhm!i(l!\ hy

Douglas E. Tucker. M,o., at 2887 College Avenue #108. Berkeley. t'/\ l)470S Ilr

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'Nith applicant',

tllIl fllrrnal hcarlng.\ 1m March 1 and June

Ii., f""v'III-" I" I)t, 'ud:cr by the y.;tatc Bar or applicant

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"ilhllut pllll'

Wii,b'lt'

ri".: Jtli',"rurl (1",JtfttKC 1m July ~. 20(14, and r,J reunds

.. , IilL ( III l!'t, ., Ad, ,II ',~"Ill': ,d 'h.: \, ;11'_' lIil/ "I NCVi.d"

.. 1,.,I_.',j, '" "" I,., litlU tl"

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;tI,1l I/,/.I(;hl"gy 1esulu

''1 /,llhltll ",'I/.!;I I", t!tlll/IIIY II, )1/1/'\, if} III. Iw:tlit;,1 '/;$)(,,1\

1'"",/1

,......a"k

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I". "

1I'tU1d be:

wltl, It add,e!','.c, Ih(;" h'iltcuct fClrth in paragraph 1, above, and

Ihu Iqlllll If!

tlH: u.url,

tbe app!il.;ilnl ilnd the State Bar~ and

, 11o Slnl{' 11m WIll he Ie'il"III'ill,lc fClr I)r '1lIdcr's fcc I(Jr thc examination/eva1uation.
IIIl'ludllli ,ICll'IIIIIl'lIlruvlcw IIIld wrillcl1 reporl as kct forth hercin, If, however. either

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r-;"llIcd 1"1I1~' by
/\('IJ \R\ ('Ol :(;tll I '
'In I'n,un
[:\] T dC'phulll.'
f 1 Nu Appl,.'lIr,m~'l

J In I'cr,.;on
lldcph~\ne

1l'\o\ppcarancc

lRHL
J r::;tl~ll:lll' 01 [!'Iilllil,lIe: SIUII.' Uilr _ _ RC~plllllklll\ppho.:.11ll Pctllmnl.'f
r J Thl~ matter l~ SI,.'! 11I1' dalt'(s) l'Crlalll for Illill as 10' Cu111;)hllll}, nl-,;clphn~'
PREII!!\!,:
[J 1 Pretrial
FUrther Sl:IIUS Confercnce.
r"
C\lOfcrello.:c.

r[ ]J InIn person
person

Pretrial Slalell1ent'l'ruposcd hthibih Due _

l..fTlll" Stale Bar C'OUJ1.

IV!~

~~~~~~~;:;:;;~;~~~~
,

Tckphl'llIe
TclcplwllIc .
.
(by ... bell'le Pn:lllull'onli..'fCIKC pur-.;u,\I\t 10

1123 ami 1224,

~Ern_E"E"T:

I
f]

Coull!>cI shall meet ami cunfer III person or by telephone and report (tn the posslh,lny of Cl'll\promlsc at the nc\.t conference.
The parties waivc their rigbl ttl have the settlement conference he:Ud by a Judge othl!r than the trial judge.

Settlement Conlerencc:

r J III Person

r ] Tdephonil.: -;;-:;;;;-;j;;-fu~i;)"::p~;-;;;tt;;;;;;;;[k;~;;-;:o;;r.;;:;;;~1

An original ,U1d one cllPY tlf Scllicmenl position statements in letter l'(Inn arc due
settlement
StIpulation to be filed b Y - - - - - - - - - - - -_____________________--t

REFERR~I.:

rj

ThiS mailer is refc:rred (0 Ih!.! Progmm for Respondents with Substance .\buse or ~!cnlail leilith Issues. Stat\ls conference
with Program Judge on
_ at
WIth
Judge
This will be nn
In Pcrsllll [ 1Telephonic status conference

r]

OTIIER O/lIJERS:

[1 Motion
Discovery Period Ends/Extended to '""""j'JRe~;;;;knliA:ppii.;;;;;t:7i;;;:ii.;;;;;::[ii0;;;;;r.:;;:-===========~
[x]
o[[x ] Deputy Trial Counsel; J RespondentlAppllcnnt;'Pclllloncr:

[ J Granted I J Denied Ix J Sec "Other", below.

[x] Olber:

1 .

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appear for traffic citations in Las Vegas Township Justice Coun. Clark Counry Ciwion~. i .

0249708SA and 1-02497085B. On thai date. the Coun

ISSUed

a notice of railure 10 appear

B. Motor Vehicle Convictions: 1) on January 9, 2003. applicant was ConVlCI.Qd of

speeding: fallon Justice Coun Citation :-':0. R1153l7; and 2) on January 20, 2005. applican1-.'U

convicted of speeding: Reno MuniCipal Court, Citation No. 0')00982687.

2. Civil Cases. Judgments and DefaUlts

Applicant did not update his application to include mformauon about this tOPIC until after

the Committee filed its Response listing the following civil cases, judgmenlS and dcfaulLS~

A. RH'cr Arms Aparlments v. Zachary B, Coughlin, Washoe County Case

"0. RE\'

10

2005001396. Unlawful detainer action against applicant for default in payment of rent at 1255

II

Jones Street #132. Reno. NY 89503 in the amount of 5660.00. Judgment for plamuff.

12

dale of this statement. applicant has not made payment on !.he judgment.

As of the

B. RiYer Arms Apartments v. 'klchary B. Coughll". Washoe County Case !'o. REV

13
14

2006-000909. Unlawful detainer action against applicant for default In payment of rent a1 \255

15

Jones Street #132, Reno, NY 89503 in the amount of $720.00. Judgment for plamuff.

16

II

17

II

As of the

dale of this statement, applicant has not made payment on the judgment.

C. Shipping Services. DBA Unishippers v. Zachary CougillJII!nd,vidually. DBA

18 " Coughlin Memory Foam, Washoe County Case No. RSC 2005-000301. Small claims action
19 " against applicant for non-payment of shipping services. Judgment for plaintiff in the amount of
20 " S5,161.00. As of the date of this statement, applicant has not made payment on the judgment.

21

22 H

23

3. Employment History
A. Law School Employment
Applicant omitted from his application filed on September 28, 2002, that he was

24 I employed by the law library at the William S. Boyd School of Law from October 19, 1999

2S I through May 25,2000, and was terminated from that position for poor performance and taking
26

I $10.00 from the library cbange drawer without permission. He did not update his application to

27 I include this infonnation until after the Committee filed its Response listing the omission.

28 I

B. Law Re\all:d BmpIoymIDt

-3.

...

,
1

,
b

'\ppli ,'anl du.llh'l upllltH' hUI IIpplirltllulIIII IlidudL1 1'InphlYIILL "' ILl 111., 1,,'# Inr. j I1II

I ;ln~' PI.'I.' !..

I)l' IllUSl\1l

,11\111 h)WUhl, I I \I lIulII July 1'/ Ihtuu}-\II I )nl'llIlIl!

ICnnlllnll'd Ihun Ihlll pnNIIIUIl ,

r,. /tl'J'),

'II

IIUd I", WIM

ullltlnn l." tilt, <- 'Olllllll1l1'c' nkllll ~ H I':.pqll~'_' 111l'IUV. 'II~ 'JrnI9MI,

C Othl'!, Fl1lpk"YTlll'llt

It Wo.\S tWI lIntll May 14, lO()4, Ihulllppilt'lllll updUlc',1III'lIPl'lu.:utlclIIII, IlII;io.ir. 1Iot1l
cmpIO)1llL'IlI. ;ts

f(\lI(\w~:

"I slurit'd II

Ncvudll

bUIiIIlC",ij lind

huvt: IIt!:1I

>l1111 runnlllg II lll.tII r~HS Ctlllll'luny. dbn luellar y ( UUHhhu ' .. MC'I/IIII YI' IJ;II,I H.,I" ,,"11 1'1 H'lw,

Apphl'iUll li sted the

<)

10

II

or l~l1lpl()YIlICIII 1IrI"()cl\lht~1 2cUH

;IItJk J""f,,' r.!I,I.I/WIII',

dllics

1'11:)1:11 1 ".

4 . Asll,lfl'S':; Il llit(ll'.j'
Applll';1Il1 did nut update hi li applt l:allnn hi IIu:llHk lilc fl,IItJ W'II~ .1,111,1_:8 tll .I'JI Y w1111

h::bntary 15.1007:

NV 8')509 111I())41041

IZ

A...L'~(,,1 (irccnhom ('t.,

13

fl. 1044 W 1"S t. ,

14

C. 1255

15

D. <)45 W. 12'" St.,

16

5, Suhsta!!t!.U\b_\!~

17

Applicant olllJltcd hi s history of alcohol abuHc "'()m llie applj(':'Jholi filed "u S!;fJ\J;HI~r

JOIlO'

18

28,2002. and lIid

19

July 8,2004.

l1<.ll

I~cnt),

ROllO,

NY X'ISO! [4/04 10/(141

\
\

11 132, Rom., NY WISOJ [1(J/(J4 41<1<>1

ROllO,

provide

NY 89503 15101>2/071

tillS II1f'OflllHtiQI1

to th e ('ult1nllttcc WIllI the IJIfimrial Clmh...,~fIV; (jQ

20

6. U.s. Palcnlnnd.I[!!~!lill1"r~.mJi~.~

21

Applicanl omiJlctl from Ills applical,on filed 'lIIlieptcmher 2~, 2CI()2, that he f,ll:'l ill'

22

I,

applicalion 10 practice before the !J .S. l'ate,lI lind '1ra<iell",rk Office 'III July 'J, 2(h2. 1\ w:.s nul

23 iluntil January 9,2(0), lital applicaniliptlalc<i h,s applicali,," to adv". that he p,,\v..d IhI.: {),-~,b!;r
241/ 16,2002 examination lor licensing with llie U.S. Palenl anti 'I radelOalk ()lIice.

2S /I

7. financial Qbli~"li9DS

26 U

Applicanl did nol updale his application 10 include Ihe foll')Wllig flnan.,al,kbU until

27 I February 1S, 2007:

28 I

A. .Aarson ASency, Inc.: $470.00 put due u of Cktober 2006.

-4-

II

AJ'N I, hit

I
I

hUI!I'

" I IIK II!I 1111111 dun Uti of ()\ll1ht~1 lO(JI,

\H)1.01l 1'1I1I1 dIU' 1114 nl .1 111111 111 y

wn1

I) C'fill", H'1II Snvj\t' oj Nl'vuda/l)!KclIl!vlJ I krlllh ("'llltr

II~t l'Iulll r ,'OW,

1
IJ

"

141Ulal

'-'0111'1'111111 !'if'l Vl('t' (If Nevadll/I )il-\CNllvo

'I; I \

IIt~ullh (\'IIICI: M

',on 1\II14111uo lilt 01

11),00 111110 ' {fIIC II!I Ill'

v .'flll I

HI'o'I'I AIIII" Api \ I , ~ 'l,On pIli.' due HH of NuvQllIhcr200h.

ti

I J , I ~ 1(":,111 I 'llIlt'd tO/l1i

/I

'J

A,,"m:/( 'hn 1Il\1

( 'UllL t1l11l1i cIl IUlI1 N;

$2h7,OO

PIUII

due 1111 Ill' .I tnl\lUI Y

21)1j/

10

I J MiII'Y": 'fi"~,()O IIH'I' due 11K n l' OCHlht:t 2()()S,

II

N< '0 1'1 N 'J'JlWell hUH" $1 ,K4 \,00 1111"1 (1110 liN or J1I111111ry 2007.

I)

l{ch'.11 (1, 11ll: ,m t'l1e, H ev.ulIlId Medlcl1l ('ellter: $1 .200.0() PUIlI duo lIN llf J nUlLnry 2007

IJ

f.

14

I~

W ('II'll I'm WI ItlLl1k 'fiX.HI.OO pURl duc UN Ill' Nuvcmhor 2005.

II I'

!'1I1i1-oFN'I'I\I'ION~

M,I/I'II 11) ..2f)f.IJ (\'UVI.I.:t!OJl

(hll;IIHliIlY L~. 20U.\, IIpphtllnl WIIS ullclilcd f(ll' dllving II 1lI0llW vehicle under the

1(,

IllnLlCIIt'C' oj IU;lrqlwlliI III

18

II

19

II reel 11:;11 dllvlliH.

vltJlaliOiI (11" Cllllf~)tl\m Vchi<.:h; ('olle Mcction 23 t 52(1\). On Murch \ I.

lOu ,4. ""plll' ,1,.1 pled 11010 cOlIll"llIicl c tu II vlOlUlinn nl' ('uli f()f11Ht Vehicle ('ode sccl1l)U 23 \ 0),
III

III!:' Murch II>, 20()] tll)datc to hi ll upplil..:uhUII, upphcunt SIi\IC~I: "While \

'l} 8 wOlilclllkc It I JlIII,'1 tlullhal I wmol 1101 under the IJlflucm:c urulIY drug when I was pulled over fm

tmvJUlt IllY scal hcll IIl1f;ISh."H..'(1.

drrc,'

IIII\I~I udllllt lhut I i'ittHlkcd IIlUrijlll\l\I\ in the wCl!ks pn:ccd\l\g my

I ollt'li wore lilt: ,Wille liWClIlcl I wus

wt'lIrill~ the 111~I,hl t WIIS lun.:stcd \ wou\d were l~lC\

it nuthllV to ovoid IWlling 011 tl1l111l'alllllllY ilpuIIIlICIIL 'the unicef IHusllmvc :;mclk\l \\\\U\j\HUl,1

,m Ihnl

~I
f>

Iwe:11L"1 frll/tl

AI'I'IIC;II,I

IIlghl~ Will'lI I hud

PI'l'Yl<lll!ily

SlIlukl:l1

nHlnjul\IlI\,"

IIli"cl'rc~('IIIL'd Ihe CVL'lils NUl 1011 lid in\'. his IIIrCRlliN evi(knccd hy II",

I follow,"!!: I) UUrlllC sumplc ICRled po.illve Jill' l1Iurijuullu; 2)lhc uncslill\'."ITIl'('" 1I\lled Ihal
,ppliCllnt

hut! bluod,hol, walery eyos, was unsteady on his J'eel allli hllll ;I sh(ms (1(1m \1\'

.,

tV

\I

I.

required 10 IIIcnd

ei..,. AIc:ohoIici ADonymouo _up by J""" 10,

II

2003. He compiled with Ibis condition. In oddition..1IIc infarmalconf""""", on July 8, 2004,

13

....U- Uniaed 10 having hiatory of alcohol abuae and beins

14

Aaoaymoaa Iince January I, 2002.

of Alc:oholica

BmIIIQm!mt HillDO'

15

3.

USI

AppU- DI8de Ibc folJowing misreprcaenta1ions in C<lIIJII:CIion with hi. employment

17 1 hlIIory:

Jt I
If ,

2l

....
a

."

A. UNLV Law Ubnay Employment. When explaining his failllR 10 include this
~ in bU application, applicanl staled:

"I did IlOl feel thai working .. a liont desk auendant the law blary. when:
my dull. iDcluded checking in and out books and sbelving books constitu1ed
law nfated ImpJoyment, .. described in the moral cbaractcr applicatioaa
lDIIrucIIoaI to SeCtioD 4.2. Further. It .... my belief that I bm aot worked
. .. . . . JIInIq for 'lemaer diu lis .......' (the inItrucIicms for Ibis
NIlIiOll call for lilling employment thai ....Iasted longer tbao six months...').
I .............",......... lIbnry for u ezteaded period d...... the
. . . .. . . . . . 111..... December 1999 tIIrollP JUIlBY 1000."
.mt.~)

..

__ . .. ...1!IliOD for admiNioo to the Slate Bar of Nevada filed on February 2.

nr.~1I1bo law 1ibrary as October 1999lhrougb

B.

2
J
4

J CnlltllUllU1I lrulllllll' law Jillll,

SdIlUIlt1~. /IIHIIII'IIIIIIII"

IiI

lilly

Appill-lllli

IlIISrcprC!'Il'nlcd hilt ICflllillntll1ll hOll1l1w lillll II" Jullow." In 11111 h;hlwny) I . .lC)O' tap l.II.) 1"lIn:

~I"IC Bar 0 f (',,!;forn 'a, """loca," '''"eli

recent arrest'"

"I III,ve hccII 1,'1

J lowcver, III lin updutc ulth,.,. "mile ,ltlle'

!;titled: "I wus told I Wa1i!Clgo hCCIiWIC they nCl!cI

~" 10"," '"y 1'""1,,,,,

ttl

'" hv,h, III Illy

tllr, hlllill Hal IIf NCVIlda.I'JlIJIII'III1I

hUlltelllll: wlltlIII IIttll'U:tI111

10

N~Villl.1 jllUllha'

the SUllrClllc ('OUrt's deferment (mlt:r WUH 1(1) Jar lIul fur IlwlIIllI kcq) III" t'lTIph,yt'fl"

4ll.So'p:!l1,.!!1Umd 'fIII~I~1J1nrk Oflic~

8
'J

II)
II

12
13

14

15

Applicant misrcprcHcnlcd hiS IHllhlH with

Ih(~

U,S

2. 20(H. appliculil wus licensed liN "ABell'" wllh Ihe U.S

1'lIlclIl jlllci Illuklllllrk ()flic". '''I M,IY

I'aklll alld IliUIr-lIl1uk ()fllct,

regislration number 53,90S. (n hiH Muy J 1,2004 UptJltlc, hlll,lu;;lII\ prllvlliI:d ;1 CIJlly uf the U.S
Palent and Tradclllllrk Oflice licCIlHt. I he IiCCIlNC hlliH {llIplicilnl WI

"AW~III"

III 111111 h:hruary

I~.

2007 update, upplictllll Slated the folll)wII1K under tht IIc<:11I1I1 ttlllllcd, S'TI/on HI (',.,.t/,'n/wl,

(md Llcense.v: "',icensed as a putC/ll IIMenl Hlllce May uf 20U] (lhllllHh up,,,, hCtfllllllly' illl .IUlltl1ey

that may now be classilied as a patcnlllttorncy," ", of the dille of Ihill !lli.lelllent, appll\:i.llIllll
listed as an "Agent" with the U.S. Patent unci '!...demark OfJicc

16

5. Scilo/a!-;tic DiS1!iJilin.Q

17

A. Law School Computer

18

Applicant made misrepresentations about his 8chf)la!lIIC dl'iciplillc 111 thll~ maUer, In the

19 1/ application filed

011

September 28,2002, apploClll11 Rlaled "I wa, lined $ IOf) by UNJ.V lor

20 " moving a computer moniter /sicl & kcyhoard 10 feel to all:u.:h to Illy computer for

:111

hour ,"

2 II/Dec 01, 2002." In fact, the conuuct took place on October I I, 2!1O I In IIddition, applicant'.
22 1/ explanation fails to address Ihal the fine was assessed ""Stu

011

the tome IIl1d efli,rt IIceded to

23 U reconnect the computer. It also fail. to state that the computer was lIot ror general Ktudent usc

24 Uand that applicant did not have aUlhorization to diseollnectlhc cOOlputer.

25

26

In his May 3 I, 2004 update to the State Bar of California, applicant slated the reaROII
27 for leaving the firm as: '" was tennina!ed due to not being licensed in Nevada or California." III
his February 15, 2007 update, eppJicant.ta!ed: "Leo Schucring. Esq., told me I was heing let go
28 due to the uuexpected delay in becomina licensed to practice law in Nevada."
I

1~

\\',nll'lllIl' l)ISht,lIlCSIY

j \pph(';.\l\t

l''''l'timut.'\ll" Ihe
-

1.,1\\

t
I"
.
ou COnll' (} nil tlcudenut' (hshollt,.st)- i1\\cstl~.\ti(l1l
s"h']')1 ",d tl ... '" 0
""
'
'.. ......
\t: n I cm:c Slipportlll~ Ills pOsltu:m. In nil \I!t,\chmonl to the
~ ...

-.\1

c.:

"Scl'I.'ndly. the Stat...' Bur of NCYlllln intbnncd mC' 11ml (mother

~\l1\l'('111 n:gordmg 11\) Ilpplicntion tlf'OSC out of tm nClldcmic'
dhho1!('sly hn('stig:tliou chut WIIS completely ri.'soh cd in Illy
f:1\ or In Oi.'Ccmbl'r of 200t ... DlltinR the course of the nendemic
1I.ln.-::Hlg.ttioll <lnd subsequent Nc\'nd~ Bur inquiry sc\'t'rnl slud<'nts
slJ,lncd nffidu.\'its indicating thut tiley had in fnet seen me tum in this
p;lper, Fl)r rc~lSQnS that arc still \"Cry unclear to me. Mr. Trolos Ihen
II1Stlg~ltCJ an otlicial acudemic investigution into whether or not I
actually wrotc the paper when it was do (sic]. After the student
,!udil'i~1 a'Tnirs officer for my Itm school conducted u full
lIl\'cshgation".the l1lutt~r \\us resoh'ed with u finding that no
~1('adel1lk dishonesty took place on my part." (Emphasis ~ldded,)

(,

,
~

"
10

II

Although It was ddenllinoo thnt applicant wus not involved in academic dishonesty in

I ..

14

1\11SI\.'llI"c~"nt .. 1 tl"

.tl'phl'Ollll\1l tlk'\! lm Scptcmhcl' 2$, 20t>.:!:. :IPI)\it:allt proyiucd the Ibllowing slnlt.::mcn\ "

\.1

hlY~stilUh)n

this nliltt~r, tht.' ltlycstigation was resoh'cd with a fomlulletter ofwnrning, Contmry to
.Ipphl~mlls state1l1ents, only one anidu,'it was ever submitted to the Nevada State Bar in relation
III

15

tht.' ln4.uiry

There is no evidence ornny other nffidayits in the malter,

m:;POSITlQN

I c,

At

hiS

deposition on March 2, 2007. applicant displayed a complete lack ofcnndor :lnd n

17
failure 10 ct.)opcratc by refusing to answer questions and providing evasive testimony. as sct forth
I~
III

the followlIlg examples:

19

A.

Rs.~fusnl

to Am.wer Quesliol1s:

~()

Octobcr 14, 2001 Arresl:

21

"Whall'd like 10 do is tum back to that lust page of Exhibit I, and in the second
pamgraph of that page, about five lines fTOm the bottom, ulis is actualty
discussing the arrest that took police [sic1in October of200 I outside of a moyie
Iheater in Nevada and the sentence goes on to say, '\ was charged with three
misdemeanors. resisting arrest, evading a police officer and obstructing n po\\ce
officer.' Can you go into a little delail about the actual arrest'?

22
23
24

25
'In response to Ihe Slate Bar of Nevada's requesl for atTtdavits in support of apptieanl's

26 position, applicant submitted the atTtdavit of Amy Jones, dated June 13,2002. which stules:
2"

"Your affiant believes to the best of her knowledge, on or aboul December t, 2001. she
witnessed lach Coughlin place a hard copy of what appeared to be a lesl paper into the test

28 pile,"
-8-

No.
No. you can 'f go imo detail. or ti~ VOII
Well, I'm going to object to Ihul. .
\\'hat's your basis?

fCllh.'lllht.'1 thl' 1U1,'SI','

Well! given the IrUlguage III Ih" other secUons or tillS Ul'phnllhlll "hldl \11'1\1 \\ 111\
com'lctions. as 1 read this in section. 1 hcli ...,,( it':-: t ~ 1. th,~!!\ lUI t1ll'll!!'11I 1111
I would [sic] be under a duty to dtsdoSl' ," (Llqll\!\llil11l11fIlIlPII\'1I111111 11 ItI,
hne 25 through p. 11. lines I 18 .)

\~'hich

"Just to set the record siroigh!, is

questions regarding your nrrest

10

it tme thm ),ou uri'

October of 1001 ')

n\l\\ It'hlSIII" 10 ,1111\\'\'11\11\'

That's true," (Deposition ofapplicnnt flt p. 12.llllcs h_I),)

2. Academic Dishonesty In\'cstignlion:

Q
A
Q
A

10
II
12

13

A
Q

14

15

Q
16
17

"~hat did you think were the reasons for hun h.'I IIlSIt~l.ltI: lill' 11l\'t'SIIj.(tlliuu'l
FITst off. I'd likc to object to this ns well.
What's your basis?
It would be similar to my lasl objection with rCNard lu yllllr \11It'Sltllll llh .. IUI IIIIII'
arrest, that there's nothing in this npplicution which rl'qUires 111<.' Itl l"~llhlll\
anything relnted to this incident, Ihn! LWIIS neither suspcmit'd. l1Xlll,lIt'd,
disciplined or otherwise as mentioned III the quesllon \\ Ithlllilus uppl,,tIlHlH Ih\11
goes to academic discipline.
So I'd like to certify that qucstion. Lctmc just sct the rt'('ord Ntlllighl N()w
you're refusing to testify about any questions rcganlillH,
Section I3.t, scholastic discipline.
You're objecting to testifying about any qucstiOIlN rcgllnlmg Ilus U\Vcstl~iUhlll.
the investigation perfonned by the law school?
Yes.
Now, you understand that you actually submitted thIs puper \() the ('uhh.Ullitl hIll
in support of your app li cation, correct?

Yes.

But now you're refusing to testi fy about l!lC contenls of the pllpCl', CUll'l~l'l'l
Yes." (Deposition or applicant at p. 14, hnes 2-25 through I). I S, hiles I ,\.)

A
18

B. Evasive Testimony
19

I. January 23,2003 Arrest:

20

"Had you had any alcohol that day?

J don't remember.
Had you smoked any marijuana that day or ingesteo any n",rij",,"a'!
J don't think so." (Deposition of applicant at p. 18,Iilles 2-(l,)

24

Q
A

"Did you smoke any marijualla that week prior to the an'est'!
I don't know," (Deposition of applicant at p. 18,Iine 2S throll~h p. II),II\I.S I

25

26
27

A
Q
A

28

21

22

23

,l.. )

"So, at the time of your arrcsl, is il your opinionlh,,1 YOII were lIollllltlO\ Ihe
influence of any drugs or alcohol?
Yes, I should ask you, what do YOll mcan by influence?
At the time of your arrest, were any alcohol or drugs in yuur systel\l'!
What do you mean by drugs? Is Ibuprofen a drug'/
Yes. What was in your system at the time of your atTeHt'l
I'm not sure," (Deposition of applicant at p, 20, lines ')20.)

-9II

\.

All ... 1.,,11HI

I

iII.'

.)
A

I" Iht4 IIqllIi" IlUi'lI, Ihlll

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(,

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",lti Ih'ft yWII kill I. tI,IIIIIII, ',

I III w,1 NIIII'" (I} I IHUt' , jlill 1/ ,

I dflll I know .
S., 1111I1l'11,_',lwwl ,dill!'

AIIII~IiI,

AIltIIK Ihlll IIJ f;1! I

I 'Ill

A
III

I}

20

21
22

23

A
Q

24

25

27

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I)

18

26

wll'lll'"

1'111
ILlvn YOII hud
~Llf('

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I

il ".!IHII,q 111111 I';Vtqw

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I III 001 "11/1
- - WOld,.1 Ihl/f I!ltv/' 111'1"11 laI .IIHHlkd 1,1' lJ/llldllld I.:JV.'I

()

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".~JJUI I'd hh 1'.", 1'1 dlf '" t.I~.lj

15

17

H"';'

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A
IJ

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14

16

l~",

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,
Yni I dll, IIwl I WI/lild jllll'~J'lq W'I!l/ltII;.IJIIH~ I JIII;I!p!':.!1
IlIlgllllIl"I'I,I" ,'IH'II, 111'1 1111'111." 111'1,1/'_11 1"1/1

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11111111 Iwl yoLII kUI"JIIl';ui"

11

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\'iIII!

Allow

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jj

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'!1~~

H.II"f { .11I/"ji)4'/

1101 Hili

YIIII dOli" n~rull Wltllllg Ilu I klkr'~

1'111 111/1 bUB:,

/)0 you know I I" I044 Wc~1 I'll ~I t;I/Gtt, I'.tllll, !'-It;'I~I'J Wj"," ~. '110 It/itt
iIIl ouJdlcn ul YUIUIiUI "'!lW~ I'I/JIII'I
Yell, II WHit,

w..h.alt/

kl'J/ll/f jil,I.II/'i~lil1tIIII" II} H, .')tat.; Hiil Nuh

rCHpccllu yOU! 1111(;101 III J,IIIIIlIIY Ilf l-'IIJ t'l
YCII, I dll,
Would Ihi" IlIIvo 1)(;clI hOJllctllllll!-111lI1 "liIyh~ 'j!'U ~iJlmlll1.1;tIIiII,all (,f I)IC u.r,..taw
Awl d"

YOlIll::t:lllJ "Ulllllllllll..,. >Illy

of your n"pJil:UIICIII't

1'111 nul Hurc-.

What lIhoIJI lilt Iit bel PUY,1; I,J 11111Ii I;,k 1111 ,II Ih'i '"IIr-fl t l111';1/1 I( I 1hu ;tJ'fl! it;llll',rl. ~Ivj It
B~yR III Ih. lop 0\ ,I ZIlch 1'''''M"lll', II ..: li'~1 I,av,') "I Ihe 1',~IIl.,,1 J, I. that '/""'
hUlIdwrilinll'/
1'111 nol lurd,
You don'l kllow whelhc' "r 11,,1 Ih,,1 Z,.;h 1',,"y),I", III Ih" I"i' ',ilile I'''Y.': II'/',Ii'
handwrilinll'/
j

No,

What aboullhc bollom oflhe pUJIC where it luy,excculcd "n OJ 1'i I(\ and ,t's
.iFed Zleh Coujjhlin, i. lhal your handwrilinll'/
J'm not.IIft,
"
"

You Cill', ft!IOPIzI,out own bladwrllina. or \hi. II definitely "0\ your

-"rllIq'l

28

1\

, '''dn', .ay 'hut. "",

2
Q

A
Q
A

(,

"'I'242~;
,u,. "h
h."" ''''' "', "'I h."d""''"i<-'' II,."",.;"". ,,' \
p. 23, lima J -2,.; I' 24, JlI~' .21.,

IIPll/ICUIlt 4t p. 22, IlIfel

SQ,' WU"lI IQ turn lQ Ihe MM(.;h J fJlh. 2C)<J3 letter Jult

WrJ Ie tills Jctter'1
I'm 1101 HUre,
lJo yt)U know who wrc)tc thi. leuer'''

So
thethem'!
",..lClnelll!) conLalJloo in lIialeuef, you dtm't h).l}w whether or rlf"
Wrote

A
()
A

If)

II
Q

12
13

A
f)

14

()

16

A
Q
A
Q

17

18

}'(JU

<1CCur~te '''Tlre&entatjj'Jn Qf ',IIhat actually did occur in

J'd objccllo that, hllh Amendment, ..nd "m Mt lure.

Were you wC<.Iring a Sweater :tllhe time of your .mel)t~!

f'm lIot sure.

I fad ycw I)moked marijuana in the week!! precedin,g ,our anC\I'!

,
I'm not sure." (lJeposition of applicilnt at p 26, hne~ 23.25 through p. 27, lines
'-8.)

"~ovin8 down to pilragraph three, it ltate; 'r started dnnkmg alcohol in my early
20 s and have lIever been more than a 1)()Cial drinker.' Oid you write that

sentence'!
I'm not HUrt.
Is thetl an accurate representation of your reJaliQO!Ihip with alC(lhol as of March

That's something thal's IiO subjective, I don't know how you could assign a level
of accuracy.
Did you start drinking alcohol in your early 20ll'!
I believe so.
As of March 19th 2CJCJ3, did you drink alcohol only .. a "",ial drink<-r'!
Could you define what a 8Qcial drinker is'!
Djd you have let me rephrase that. As of M(I,rch 19th 2003, do you believe that
you had a problem with alcohol'!

Could you define what a problem i.?

A
Q
A
()
A

Do you believe that you were an alcoholic at that time?

Could you define what alcoholic is?
00 you not understand what alcoholic is'!
I don't understand what you understand an alcoholic is.

Q
A

I'm not sure." (Depo,itlon of appltcant at p. 28,ltnc8 13-25 through p. 29., itncs

19

20

What do you understand an alcoholic to be?

22

1-14.)

2J

4. Alcohol Addiction:

24
25

Q
A
Q

26

A
27

28

19th 2CJ03'!

15

21

,rAJ.

No." (l)cPosition of <lppJicunt at p. 25, hntl 7.1 5.)

Q
you helieve Ihi' to he an
that lime"00
period'!
A
Q

clanty "'h, Wd

/'111 nol 8UfC,

fl}f

"In your opinion. did you have an addiction tcJ alcohol?

Can you tell me what you mean by addiction"
What do you think of as a definition for addiction'!
That's what I'm asking you. Arc you asking me what I think of addiehon?

Yes.

I'm not sure. It's a very loaded word. I can give you a rough estimation,
continue to UIe in the fact of negative consequences.
Would you characlcrize that to be the situation during law school?
I'm Il0l_. If. Vel)' lUbjective.

11

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III Jltl!

t~Vt'r hU V(l 1111 l' Illnllllddl\;HII tl ll',IUlIlihlU l[HWI'I

Hu l','

Hl lfl' W IWnWf

or lint

Z II rI { ! b!lt2@hUlt 111111 .~\JIll(

YU ll l'VI' )

A
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A
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A

II

C)

12//

~Il U a'COMflt/t' what /. II 11 1- 1 h

linn 1 11I1denHltlld YUill 'ILl cNlion
I)u you ICl'UNtll'" 111111 wur(\'1
I dOli ' , tlul1k 11 '1.1 n WOld

"1>0

II I !('pn"Htl:'l1IH"

W IIIII dn YOU lhink II 1Ii'1

I cl011 ' 1 klIt1W , I don ' llhlllk you'd lind Illal111Iho dll' !tUlIIIIY,
Mr ('oughlJll,
I'm l1ul HIIIC,

tlll\u ~h

(lid ynu wnlo IheNc c, 1111111 11 1)1 ' dId yuu nOI writ"

rah' SUlli e lillie In ICV ll'W

you r.., SlIIt'

thC~ll' C ulIllhl'!

th~m 11I1t! the ll pk'uHl' lei 11\" know whether tH

nnt

1'IIIIIul ~\l l c Whc.:lhL'1 I wlUlo th CNU C I1llliIH," ( l kpUHilltlil ut'lIpphclIIlllll p, 111.

hllcs 2 1 1:Ii lIu olIgh p 11,\, 11II1.'s I C) ,)

(e) IJISI't)~IIIC.)N~t)I)Cjlll

I~

I he Stille Bar I'l'COIUllIl'lldH Ihlll nppllt'11I11 he found lUll In pusscstl lhc 8~md I1ll'lrtll

1/.

dlar.lcler n:<)lllr!:d lilr IIdl11u~sinll to the Stille UII[.

17

(I)

IR

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A

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(I )I{ulcl'l I(c;~t.llat Ill. AduI16SII,lIl If) IImc:\ tr.., III t'lIltIJ)l\l U\

II

20 "
21

1111 (' 111I11111I1dll..... II/

11

J 'J

hull

I hUl 's CUIH:ct" (J)l'llllsilmll uftlPIIlIt' lIulllt p 111 , 11111,.'1{ 11 11),)

C)

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II II

14

YCHII nul

8
'I

with I ttl/HIIIPP"IH:

I)

\1., Hm'II'1 b l )

I I II ~v 1111 IlhoUI Ihl'l' 1II1t111' lu Imel IiUlII ltUlllhuI 2 nlld Huh Wnlll1l1?
111/1 I 1('t ulllhl''l(' l ' 1IIIIil".

I)

I.

y llLlI ujllld,Ul

MYIIJlIlIIIIIlIN lhul l ' rilllot "1 11 11." (lhl\llusIt1l11111t'111I1'1Inlllt 'It II

1\
~

till

(a)

1("", lI(hJ

l{ule /I (11) of the HuJt:s Rcgu lutlllH Adllw:slon tu Pr;\ctil' O 1\1 ('n1ilbrnin proviLleRin

21.11 perluH."1I1 part

21

/I

24 II
25

26

27 f

ScciliUl I , '1'0 he di glhlc 1(1/ l'l'tlllkntioll hy till: ( 'UlIlIlIltt\.'l\U \1\\.' SUpl\.'I\l ...
Com l ()I'Calir(lfIlllIlu "nlt' tl!.:!.' IlIw III ( 'ulli"orniu, nil nppllt'l\I\IS llIuslmccl the

fiJI lowing n;qull'l'IIH~lIt!i:

(h) Be 01"80011 ttlolal rhantrlc) p''''ltllnllo Ihe pltlvis""" til' Rltk X,

(h) RlIkX

Ruk X. Secliun I, u/'lhe Rules RCIIUluliulI AdmiN,"n, 10 I'm"I"'" III ( 'nil I\>n"" PIIlI'"k,

28 I in pertincnl purl Ihut: ".:very applicant .hall be of loud mornl chanll'II'r, lll,' It'lln "~,""I

12

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..

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r.

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c

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= .... - =.
-. - =. .; -.
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=-

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!!'

Jlespondem'S failure to disclose m.a!CriaJ fa:ts.1O the romminee m l"CSf'C"'me 10 us

clear ""I..... for SUcb disclosare in _ s m;tioJ ~ rriiected bod
faith mel 3IDOumcd 10 fraud upca the Supr.."., Coon. fCi &..... v. C_ " ....
q(Bar Exmnincn (1971)4 Cal3d 189.101; 1. rr If"db(1918) 3Q c.t."PI>790. QUoted by Sla'e Bar,. tm.gen {!I954lj4}
.. p 641 .... mo
Grm.'e v. State Bar- (1965) 63 C.aL:d 31 ~ 315 f1"hett ~ no diff~ ImCIClg
COOccaImem, ba1f-tnnh. mel false
of fik:t.J.!, raid,494

J
4

_=

C..l~ [63Q~

~.

E.

~fBad Mmal Cbarrtq Xeed ~ot Reach Lc\-el QfOffense Reauuiug

i2!Il!i!IIDCIlt
The SUjlr<me Court "may properly refuse to admit an appac- to ~ law """"

9' proof that would DOljustiJYanonierofdisbarmc:uL- (Sddn'.

C_-iaofBar~

10 (1989) 49 CaI.3d 933, 938.) 1be court may =ej,c any O\idcoce ..-hich IcDds 10 . , . , ... hbe

II

applicant's] character for bonesly, integnlY, and gmenI morality. mel may no _ _

12

admission upon proofs that mig)" nol establish his guilt of my acts decla=! to be couses for

13

.41

disbarment" (Hallinan ". Comminee olBar

Exam,,,,,,, (1966)65 CaUd .u'.451-4S:!. qoo<ing

1n re Wells (1918)36 Cal. App. 785.)

15

16 F. False or Misleading information

17 ,

18

Providing false or misleading infonmtion at a bearing eooductcd by the Committee of

Bar Examiners is a basis 10 exclude an individual from admis<ion. (BenuteUr. ,'. C__..... of

19' Bar Eraminen (1968) 69Cal.2d 90, 99- IO.)

20 G. Fajlure 10 I'ID' Financial Obligations
21

22

Applicant's failme to satisJY his financial obligations refleas poorly on his mnr.d

I cbanlcter. (See e.g., In tire Mauer o/Wright (Re\iew Dept. 1990) 1 Cal Slate Bar Ct. Rptt. 219

23 I [Lack of ccmc:em for creditors is a negative factor despite very modest finaDcial resources}.'

24

25
26

21
21 ,

J . . . . . . . . . .III. . . . .C8IIO, dms, !be _

......

of!be tam """'poodcnl"

,
(8) WITNESSES TO BE CALLED

2
Applicant bears the initial burden of proof in this proceeding,. IfapplicMt is able to meet

the inilial burden of Proof, the State Bar intends to call the [oUo\\;ng witnesses as rebuttal
witnesses:

I. Zachary B. Coughlin

(,

2. Christine Smith Associate Dean at Universit), of Nevada. William S. Boyd School of

Law, WiJltcstify about applicant's law school career.

8
3. Las Vegas Metropolitan Police Department Officer Cho. Will testify about the events

surrounding applicant's October 14,2001 arrest and authentication of documents, if necessary.

10
II
12

4. California Highway Patrol Officer JefTGeorge. Badge #13199- Sacramento County

California Highway Patrol. Will testify about the events surrounding applicant's January 23.
2003 arrest and authentication of documents. if necessary.

13

5. Mark Tratos. Esq.- adjunct professor at University of Nevada. William S. Boyd

14

School af Law. Will testify about the events surrounding applicant's paper and e.mails in the

15

Cyberl aw law class taught by Professor T ratos. and authentication of documents, if necessary.

16

6. Taxalagist- Lab of Forensic Services Sacramento. \ViU testify about the results of

J7

II

JB

II

7. Kathy Crary- fanner State Bar Moral Character Analyst. Will testify about the

19

II

Committee's investigation, contact with applicant and authentication of documents, if necessary.

applicant's urine test in relation to his arrest on January 23. 2003.

201/

B. Lynne Thingvold- Office of the Chief Trial Counsel Legal Assistant. Will testify

2 f /I about the investigation of applicant and authentication of documents, if necessary.

22 H

9. William Stephens- Office of the Chief Trial Counsel Investigator. Will testify about

23 U the investigation ofapplicant and authentication of documents, if necessary.

24

10. Rob Walton- owner ofUnishippers. Will testify about contact with applicant in

25

relation to the smalls claims case against applicant, applicant's failure to pay for services

26

provided by Unishippers and authentication of documents, if necessary.

271
28

II. Sam Noble- manager of River Anns Apartments,1255 Jones St., Reno, NY 89503.
Will testilY about two unlawful detainer actions and judgments against applicant.

-15'OJ

,73

a.

__

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112

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tlllM 1\1111'1'('111111-1 hy IlIilIIlK Ii) IIII"Wt'l

ak\)hol ~Ihusl.' til IllS dl'pns.ilitUllltld I'LliUtlt-t Il) plovltln II wlIlvrt hll I.AI' Iq

ml~mlHllion

about ;lPl'lil'tIIU'S pllltil'lPllIlOll

ttl

-\1 thl' July s, .~O()4 IIlfi.)I1l\;lIl'u1\l~n.'t1l.'l' In Ihls

I ,A P

,J.k~)I\t)J ~llhjicIIOII. rhl'rean~ .. , Ihl' ('OllllHilll'l'

ndviscd npl)\lcIIIH IIlL1l 1\ wou ld

16

.lJJ11IssioTl, bUI oITt.'rl.'d 10 hold his Llpplicntllll"l

III nhcJYilll\'C,

'clwc:ry

t"I..

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IIIIIIIN , appIiClltl\llIltlnll\1I' I"Htll'

15

17

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II

12

II "1'1'11,,,,,, 1'"111< h' ,,,.,' ,II"

""I''''''t: II", S'm,'1I1I1 ",," ""'''''",'; 111111 \1 . 111,11 .itn"III". "'," "",1. '''' V'". "II'

l'\ llit'lll Of;lPph"'';\l\l's

Ii"", "II". "r N",,<I 11111, III "itlll ... ""

1Ii.l1 1 1:~:tllllnll'lIl.lltltl

"lin \h~ l 'tllHlllllh'r IIIUY (~V!\hHI\t~ hut

frolll akohol nbusC"" !\s purl of"lhc nh~YIIIll'l' LI}l,U:OIIIl'llt, Itppitcmll Willi I\~lt\lllt:d hi

1'>. 2004, nppliCl\lIl CXI.'CUll'i.! n SItPtlIUlu)\\ (1l1l1ulllllllu 1(lIle X.

18

paniclpatl.' in LAP On July

19

Section 4 C'Ahc-),aTll'l.' StIpulatIOn")

whl'n:in

he aWl.'clllo IIIIV\.' hiH

IlTi.lVCIY 1"10111

;I'if hUrl /(11/1111 /or I )f~d 11.\/11'1' (I IItI

10

moni tored by 1 ,A P. On J litH,' 24. 2005. "ppl il'lUl1

21

Rdcust' o/"~/i)Jma{jol1 which allowC'd LAP to lllsl'loSl,'lnlbrnuIlIUt110 Ilw

plllV lticil Ull

akulio\ :thultc

(\lII\IlIlH!"~c

nluHl1

21

applicant's parlicipalion in LAP, rhe "uthorizIlliulI IIlPNCd

~J

appl,canl enrolled inl.AP Ill' was IC1I111nllle<l fromlh,< pro~,rllll'"11 ApIII/. !.OOh \\y klk'"

'II

July 200h, Oil JIIII,,\(),ltltl~,

24 I dated "iovcmncr 21. 200Cl and J,,""ary J, 200?, lIppliCIIIII

w,,, I elillesk,l til I" IIVlde

25 ~ Authori::ulivlljiJ/" f)w'{os/I/"t'/II11{

"'"11

~6

RI'",tI"'!' of{/I(,,/,/IItI(/(1/I

III "'''"'

lill Ihl'

1I

,tllewnl

('''IIIlIlIlIn,

hi

I Investigate th~ circumslances sUITtlunding hIS lellllinilliunirolll I AI' Apl'ltmlll tllllllnll'lI,""I<;

27 I the requested authorization, At his (kpusitinll un MilIch ),. 1II07, ill'l'ltrlllll ,,'llI,ctl III

",,"Wrl

28
.17T

2
3

questirms regarding his Panicipation in LAP and refUSed to provide a renewed authoriz.ation. He

aboO refused

lQ

testify about alcohol abuse on the basis of privacy and confidentiality.

In addition, as set forth above, applicant's conduct at his deposition demonstrates a

failure 10 COOperate .

fq}

MISCELLANEOUS

""one.
Respectfully submitted,

THE STATE BAR OF CALIFORNIA

OFElCE OF THE CHIEF TRIAL COUNSEL

II

12

.
)

Datt April

Ii!

,2007

BY'~
'~GAN

Deputy Trial Counsel

Attorneys for Committee of Bar Examiners

I
16

17

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22

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24
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02 IUm

STATE IlAR COORl CWOCS OffICE

SAN FRANCISCO

h\.l~~

lSI'\',ll,\ \1 cnt-'I\s,",

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.~14:'tN
'1 1,\ "\ rt,t\!, ,"')1 ,sn
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SA:\ FRANCISCO

) CO:\HOE:>iT\AL

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\ CIS< '\0.

\, II \R\ \l ,',,\ ,.lIl''\,

". '1'!'!h."';Lil f'\)r \dltll!'~I\'l\_

:.:.

..

\
\ REQliEST FOR STATUS CONFERENCE

\
) Pretrial Statements due: Apri\ \ 0,2007
) Pn'tna\ ('onf.: April 16. 2007 at \ \ a.m.
) rrial: \Ia) 8-\0,2007 at 9:30 a.m.

1 ;'C' ( \.'mI\HIt\."\.~ \,f H.lT r \..Ulun('t"$. of t11(' Slate Bar of California (""Committee"), through

Ob-M-\3?SS-PEM

l.~~t S~!~;lI\ ~

\.'\~'

h,Jf.;:U1"

t)i..'put~

rnoll (\llIllSei. Oflicc of the Chief Trial Counsel, hereby

~\1csts th:u a :-itat\l~ ,'\'nkp..~n~'~ bl..' s~hcJuk~ tn t111S maller pnor to April \ 0,2007, on the basis
.... , the

\t\'th. . "

St~tI..~ Ilar ~'~\l11h't .h. k'\l\1:l(d~

prepare j

l'~trial st~tement without a detennination on its

t,-~ (,'l'lpcl \t\~'n.'t":' anJ :\h'th.-'1l for Order Compelling Applicant to Submit to an

11.1'1"n<l('l11 \ ,,,h,"ll E',I\lUU"U"tl. \\ hich ,u'e cllm:ntl) pending before this Court.
Respectfully submitted,
~TATE BAR OF CALIFORNIA

. - OF THE CHIEF TRIAL COUNSEL

.~

't>

'"

[);\!N

"I'" I

,l(lll1

",-sn:;!bWKAGAN
Deputy Trial Counsel

~~

-1ft

'--w

r,.

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f t

IS

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f~
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7"~~~;,_ ,

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1
2
3
4
5
6
7
8

THE STATE BAR OF CALIFORNIA

OFFICE OF THE CHIEF TRIAL COUNSEL
SCOTT J. DREXEL, No. 65670
CHIEF TRIAL COUNSEL
RUSSELL G. WEINER, No. 94504
DEPUTY CHIEF TRIAL COUNSEL
LAWRENCE J. DAL CERRO, No. 104342
ASSIST ANT CHIEF TRIAL COUNSEL
DONALD R. STEEDMAN, No. 104927
SUPERVISING TRIAL COUNSEL
SUSAN 1. KAGAN, No. 214209
DEPUTY TRIAL COUNSEL
180 Howard Street
San Francisco, California 94105
Telephone: (415) 538-2037

l
.J<

9
10

THE STATE BAR COURT

11

HEARING DEPARTMENT - SAN FRANCISCO

12
13

ZACHARY B. COUGHLIN

) Case No . 06-M-13755-PEM
)
.
) MOTION TO COMPEL ANSWERS;
) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF SUSAN 1.
) KAGAN
)
) [Code Civ. Proc., 2025.480]
)

An Applicant for Admission.

In the Matter of

14
15
16
17
18

---------------------------)

19

TO: ZACHARYB. COUGHLIN, applicant herein:

20

PLEASE TAKE NOTICE THAT the State Bar of Cali fomi a, by and through Deputy

21

Trial Counsel SUSAN I. KAGAN, hereby moves the State Bar Court for an order compelling

22

answers at deposition.

23

This motion is made pursuant to Code of Civil Procedure ("CCP") sections 2025.010 et

24

seq., on the grounds that the answers are relevant to the subject matter of this proceeding, are

25

likely to lead to the discovery of admissible evidence and do not relate to privileged matters.

26
27

This motion is made on the further grounds that the applicant's refusal or failure to pennit
discovery in this matter js without merit.

28
-1-

This motion is based upon the attached Memorandum of Points and Authorities, the

attached Declaration of SUSAN I. KAGAN and all documents on file with the Court in this

matter.

Respectfully submitted,

THE STATE BAR OF CALIFORNIA

OFFICE OF THE CHIEF TRIAL COUNSEL

Dated: March ~, 2007

10
11

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13

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15
16

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18

19

20
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23

24
25

26

27
28
-2-

1
2

MEMORANDUM OF POINTS AND AUTHORITIES

As indicated in the Declaration of Susan I. Kagan filed herewith, applicant raised the

issue of alcohol abuse as part of his application for admission. Yet, at his deposition on March

2,2007, he refused to answer questions regarding his addiction to alcohol on the basis of privacy

and confidentiality. Certified copies of the relevant portions of the deposition transcript are

attached hereto and marked "Exhibit I."

7
8
9
10

CCP section 2025.460(d) addresses a deponent's refusal to answer questions at a

deposition on the basis of privilege and provides in relevant part:
"If a deponent fails to answer any question ... the party seeking
that answer.. .may adjourn the deposition or complete the
examination on other matters without waiving the right at a
later time to move for an order compelling that answer."

11
12
13
14

CCP section 2025.480(a) provides in pertinent part:

"If a deponent fails to answer any question ... the party seeking
discoverymay move the court for an order compelling that
answer."

15

In accordance with CCP sections 2025.460(d) and 2025.480(a), the State Bar moves for

16

an order compelling applicant to testify about his addiction to alcohol. The issue of applicant's

17

alcohol addiction is relevant to this matter. Without applicant's testimony on this issue, the State

18

Bar cannot adequately prepare for trial. Moreover, since applicant raised the issue as part of this

19

proceeding, his objection to testifying about his alcohol addiction on the basis of privacy and

20 confidentiality is without merit. Based on the foregoing, good cause exists for an order
21

compelling answers at deposition.

22

Respectfully submitted,

23

THE STATE BAR OF CALIFORNIA

OFFICE OF THE CHIEF TRIAL COUNSEL

24
25
26
27

Dated: March

tD. ,2007

GAN

Deputy Trial Counsel

28
-3-

DECLARATION OF SUSAN 1. KAGAN

1
2

I, Susan 1. Kagan, declare:

1.

I am an attorney duly licensed to practice in the State of California and am

employed by the Office of the Chief Trial Counsel of the State Bar of California. All statements

made herein are true and correct and if called upon, I could and would competently testify

thereto. On September 7,2006,1 was assigned to represent the Committee of Bar Examiners

("Committee") in the above-entitled matter.

8
9

2.

On July 8, 2004, applicant participated in an informal hearing with the

Committee. At that hearing, applicant claimed to have an addiction to alcohol, which he

10

contended caused some of the conduct investigated by the Committee in relation to its moral

11

character determination.

12

3.

On July 19, 2004, pursuant an agreement between applicant and the Committee,

13

applicant executed a Stipulation Pursuant to Rule X, Section 4 ("Abeyance StipUlation"),

14

wherein he agreed to have his recovery from alcohol addiction monitored by State Bar of

15

California's Lawyer's Assistance Program ("LAP").

16

4.

As part of the abeyance agreement, applicant provided an Authorization for

17

Disclosure and Release ofInformation which allowed LAP to disclose information to the

18

Committee about applicant's participation in LAP. This authorization lapsed in June, 2006.

19

5.

On June 30, 2005, applicant enrolled in LAP.

20

6.

On April 7, 2006, applicant was terminated from LAP.

21

7.

By letters dated November 21,2006 and January 3,2007, applicant was requested

22

to provide a renewed Authorization for Disclosure and Release of Information form in order for

23

the Committee to investigate the circumstances surrounding his termination from LAP.

24
25
26
27

8.

To date, applicant has not provided a renewed Authorization for Disclosure and

Release of Information form.

9.

On February 15,2007, applicant provided an update to his application for

admission wherein he included evidence of attendance at Alcoholics Anonymous meetings.

28
-4-

10.

On March 2, 2

7, applicant's testimony was taken by way of deposition. At the

deposition, applicant refused t answer questions regarding his addiction to alcohol on the basis

of privacy and confidentiality. He also refused to provide a renewed Authorization for

Disclosure and Release ofInfo mation form.

11.

On March 14,2 07, pursuant to CCP section 2016.040, the State Bar sent a letter

to applicant in an attempt to in ormally resolve the issue. Applicant was requested to respond to

the letter by March 19,2007.

ttached as Exhibit 2 is a copy ofthe March 14,2007 letter.

12.

I declare under penalty f peIjury under the laws of the State of California that the

10
11

To date, applic

t has not responded to the State Bar's March 14, 2007 letter.

foregoing is true and correct.

Executed this _..LL..>.L--+-_ day of

,2007 San Francisco, California.

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13
14

Declarant

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-5-

1
1
2

THE STATE BAR COURT

HEAR NG DEPARTMENT - SAN FRANCISCO

5
6

In the Matter 0
7

ZACHARY B. COUGHLIN,

8
9

10

An Applicant for Admission.

======~====~====

: Case No.
: 06-M-+3755-PEM

=====================================

11

12
13

DEPOSITION OF

14

ZACHARY B. COUGHLIN

15

March 2, 2007

16

Reno, Nevada

17
18

19

ERTIFIED

20
EXHIBIT

21

22
23
Reported by:
24
25

BONANZA

OIA NE M. BRUMLEY, NV CCR #205

California CSR #6796
1111 FOREST, RENO, NEVADA
(775) 786-7655
REPORTING-RENO

(775) 786-7655

py

29
1

only as asocial drinker?

could you define what a social drinker is?

Di~ you have -- let me rephrase that.

As of

March 19th, 2003, do you believe that you had a problem

with alcohol?

could you defihe what a problem is7

Do you believe that you were an alcoholic at

that time?

could you define what an

1,0

Do you not understand

11

I don't understand what you understand an

12

~lcoholic

~hat

is?

an alcoholic is?

a 1 co h0 1 i cis .

13

what do you understand an alcoholic to be?

14

I'm not sure.

. 15

Isn't it true that you actually attend

16

Alcoholics Anonymous?

17

I'm going to object to that.

18

What's the basis for your objection?

19

privacy grounds and the 1act that the second

20
21

word in that is
Q

anonymous~

Is n 't i t t rue t hat y o.u ' ve sub mit ted tot he .

22

State Bar proof of your attendance in Alcoholics

23

Anonymous?

24

25

I believe

did, yeah.

I'm not sure, though.

I'm going to object to that as well.

BONANZA REPORTING-RENO

(775) 786-7655

30

What's your basis for that objection?

Given that this is a deposition and the fair

report privilege would make it s'uch that anything in

this can be reported in the

new~paper.

Are you aware that" moral character cases before

the State Bar of califo~nia are confidential?

I couldn't say that.

I couldn't say that

know that to be true.

decisions, published decisions involving moral character

10 '

I could say that

have read

cases, so I don't know how that could be confidential.

11

okay.

I am handing you -- I have not marked

12

t~is

13

the original.

14

just refer to this exhibit

15

is on the letterhead of zach coughlin, 945 West 12th

16

Street, Reno, Nevada, 89503 to the State Bar of

17

california to office of the Chief Trial counsel,

18

I. Kagan, Deputy Ttial counsel, and it also has

~9

con~ected

20

Esquire,office of Chief Trial Counsel from zach

21

Coughlin, 945 West 12th Street.

22

exhi bi t?

23

exhibit.

24
25

However, I will mark this as

I'll mark this exhibit as
a~Exhibit

this is
I'd like to

11, and Exhibit 11

Su~an

to it an envelope to Miss Susan Kagan,

Do you recognize this

Yes.
How do you recognize it?

believe it's something

BONANZA REPORTING-RENO

sent you in the mail

(775) 786-7655

31
1

around two weeks ago.

You believe, or 15 that what' you sent me in the

mail?

I'd like you to review it and tell me if that

bel i eve it' 5 w-hat

I~ent

you in the mail .

is 1n fact what you sent me through the mail.

I believe this is what I sent you in the mail.

And as part of that exhibit, the~e are 'copies

9
10

af, it looks like attendance records from meetings,

Alcoholics Anonymous meetings; is that correct?

11

I believe so.

12

How long have you been attending AA?

13

I object to that on privacy grounds, but I'll

14

goah~ad

15

been -- I was taken to AA meetings as a child, so --

and answer it.

16

why was that?

17

18

you're handing

19

preserving the objection, I've

don't know.
m~

back the exhibit.

You don't

know why you were taken to .AA meetings as a child?

20

No.

21

why did you include that information in your

22
. 23

update for moral character application to me?

A

I'm not sure.

24

Q .

Are you currently attending AA meetings?

25

A .

object to that on privacy grounds, but

BONANZA REPORTING-RENO

(775) 786-7655

32

1
2

Did you attend all the meetings that are

documented in the pages that you sent to me?

Yes, I believe so.

Are you currently

Yes.

HOW long have you been sober?

I object to that on privacy grounds.

DO you drink any alcohol at all?

NO.

10

DO you take any

11

Not that I know of.

12

Not that you know of?

13

would

14

b~

sobe~?

Is there a way that you

drinking alcohol with6ut knowing of it?

I don't know, there's a number of products in

15

the world that have alcohol in them to some extent, so I

16

don't know.

17

percent that I have any alcohol in my system? . I don't

18

know that anybody can say that.

19

mouth wash, there's alcohol in some ice cream.

Not on pu rpose, but can

say :fo r . 100

There's alcohol in

20

,DO

21

No.

22

when is the la5t time you had an alcoholic

23

beverage?

24

25

youd~ink

alcoholic beverages?

I'm not sure, and I'll object to that on

privacy grounds as well.

BONANZA REPORTING-RENO

(775) 786-7655

33

If you don't want the State Bar to know about

your ~ttendance at Alcoholics Anonymous or anything

about your relationship with alcohol, why did you

include this information in your application update?

I'm going to object that your question and the

way it's phrased, I believe it's leading and you're

say; ng if I don't want the State Bar and that's not

something I said.

That's something you just said.

Excuse me?

strike that, I'll rephrase the

10

question.

11

about your relationship with alcohol and your

12

relationship with Alcoholics Anonymous?

IS it true that you are refusing to teStify

13

No.

14

So when did you first start going to Alcoholics

15

Anonymous?

16

17

18
19

20
21

I'm not sure.

And can you define goingi

.when did you first start attending meetings at

Alcoholics Anonymous?
A

I can remember being in a meeting when I was

three years old, so

Q

what about in the last five years, have you

22

been attending Alcohblics Anonymous meetings for the

23

last five years?

24

25

I'm not sure.

five years?

Can you define attending for

Does that mean once in five years or 100

BONANZA REPORTING-RENO

(775) 786-7655

34

1
2

3
4

5
6

times in five years?

Q

A~y

at all, did you ever go to Alcoholics

Anonymous meetings in the last five years?

A

I'll object to that on privacy grounds; but go

ahead and answer it.

Q

Yes, I have.

what was the purpose for you attending those

. meeti ngs?

pu rposes.

I'm not sure

and I think there's a number of

10

why do you personally go to those meetings?

11

I couldn't say for sure.

12

I think there's a lot

of reasons why I go.

13

Can you name some of them?

14

self-improvement I'd say, having a sense of

15

fellowship with other people who have gone through

16

similar experiences as myself, developing

17

relationship with a higher power and a more spiritually

18

centered life, and other reasons that I donJt know that

19

I could verbalize effecti ve ly ~

20

21

stronger

Is one of the reasons also that you have a

problem with alcohol?

22

I'll object to that.

23

.W hat's your objection?

24

Objection would be privacy, it would be

25

. objecting under ADA, it would be vagueness of the

BONANZA REPORTING-RENO

(775) 786-7655

35

-question.

I don't understand what you mean by any

problem with ~1cohol.

well, there are many other self-help groups out

there.

I'm not sure.

You stated one of the reasons were that there

why did you choose

Alco~olics

Anonymous?

are people that had similar experiences to yourself.

Can you describe what you mean by that?

I'm not sure what I mean by that.

10

You stated it.

11

12

You're not sure what you mean

by what you stated?

A

Yeah, it's just a general kind of feeling that

13

I get, you know.

14

tribulationi, people who have had other people give them

15

consternation.

16

17

people have gone through trials and

what were the dates that you attended law

. school? .

18

August of '99 to

19

During that time period, did you have any

20

Dec~mber

of '01.

problems with alcohol or drugs?

21

I'm not sure what you mean by problems.

22

Were you drinking

23
24

25

~lcohol

or taking any drugs

during that time period?

. A

object on privacy grounds.

though, and Fifth

Amendment~

I'll answer it,

I believe I did have -- I

BONANZA REPORTING-RENO

(775) 786-7655

36

,.r -" ..

1
2
3

believe I might have drank alcohol during that time.

Q

Do you know

approxi~ately

how much alcohol you

drank during that time?

You mean in what quantity, like liters or --

Yes.

Or drinks per week or

Yes, both.

.A

NO .

In your opinion, did you have an addiction to

10

alcohol?

11

Can you tell me what you mean by addiction?

12

what do you think of as a definition for

13

addiction?

14

15

That's what I'm asking you.

Are you asking me

what I think of addiction?

16

Yes.

17

I'm not sure.

It's a very loaded word.

I can

18

give you a rough estimation, continue to use .in the face

19

of negative consequences.

20

21

would you characterize that to be the situation

during law school?

22

I'm not

23

I'm asking for your opinion.

24

My opinion is that I'm not sure.

25

what about after law school

sure~

It's very subjective.

BONANZA REPORTING-RENO

do you believe

(775) 786-7655

37

that you had an addiction to alcohol?

I object to that.

what are your grounds?

privacy, ADA, to the e~tent that alcohol is

6
7

being criminalized, the Fifth Amendment.

Q

Did you continue to drink alcohol after law

school?

Yes, I believe so.

until approximately when?

10,

I'm not sure.

11

Did you drink it a year after law scho6l?

12

I'm not sure.

13

soin 2002, did you drink alcohol in 2002?

14

I'm not sure.

15

Did you drink alcohol ln 2003?

16

I'm not sure.

17

Did you drink alcohol in 2004?

18

I'd object to that.

19

what's the basis for your objection?

20

privacy.

21

Did you drink alcohol ln 2005?

22

23

Did you drink alcohol in 2006?

24

I don't believe so.

25

AS

don't believe so.

of this date, did you drink alcohol in 2007?

BONANZA REPORTING-RENO

(775) 786-7655

38

NO,

.1

don't believe sOJ but I'd object to all

the questions regarding whether I've drank alcohol

because of privacy.

Isn't it true

can I ask you a question?

NO, this

1S

my deposition, I get to ask you

questi ons .Isn 't i t t rue that as part "ot you r

application _to the California bar, you have provided

information about yo~r past alcohol and drug use?

-

10

11

not su re.

12

I believe so.

Actually, I qualify that.

I'm handing you what's been marked Exhibit 6.

dat~d

13

It's a letter

14

Coughlin on the letterhead of the State Barot

IS

April 7th, 2006 to zachary B.

. california Lawyer Assistance program from Janice R .

16

Thibault,T-h-i-b~a-u-l-t,

17

Exhi bi t 6?

18
19

Yes.

21

I~m

24
25

Do you recognize

confidential document?
Q

23

director.

Your question is do I recognize this

20

22

I'm

going to object to that on the basis that

it's confidential.
Q

This is a confidential proceeding.

please

answer the question.

A

Can you tell me what you mean by confidential?

BONANZA REPORTING-RENO

(775) 786-7655

39

It's a deposition, right?

Yes,it is.

So does that mean it's a public record?

NO, not in moral

Can you tell me why there's published decisibns

6
7

thara~ter

cases.

on moral character cases?

Q

I am not your attorney, Mr. coughlin.

If you

have questions about the procedures in State Bar court,

you have the opportunity to hire an attorney to help you

10
11
12

through these proceedings.

A

okay.

So your question, I'm sorry, the last

question was do I , recognize this?

13

DO you recognize that exhibit?

14

I object on the basis of confidentiality.

15

AS part of your application process with the

16
17

' State Bar of California, did you agree to participate in

the Lawyer Assistance program, otherwise known as LAP?

18

I object on the basis of confidentiality.

19

And were you ' in fact terminated from the LAP

20
21
22
23

program as of April 7, 2006?

A

I'd object on the same basis of

confidentiality.
Q

I'm going to -- I'm handing you what's been

24

marked Exhibit 9 which is a letter dated November 21st,

25

2006 to zachary B.coughlin from Susan Kagan.

BONANZA REPORTING-RENO

(775) 786-7655

Do you

40

>~

recognize Exhibit 9?

Yes.

HOW

I believe it's a letter that you, Susan Kagan,

do you recognize it?

sent me.

Did you receive Exhibit 9?

I believe I did.

8 >

And in that letter, it states 1n the first

sentence, "AS you know, the State Bar has requested you

10

to provide a renewed LAP authorization form and

11

fingerprint records report 1n connection with the

12

above-referenced matter."
Did you provide the LAP authorization form to

13
14

the State Bar subsequent to

~eceipt

of this letter?

15

I'd object on the confidentiality gr6unds.

16

You're not going to testify about whether or

17
18

not you provided a LAP authorization form?

A

I'm going to object on the

19

grounds.

20

confidential LAP program?

confidenti~lity

Whether I provided a LAP form, a form to your

21

Yes.

22

I'm going to object on confidentiality grounds. >

23

I'd like to certify all the questions where Mr.

24

Coughlin is making objections on confidentiality

25

grounds, privilege grounds, just those grounds at this

BONANZA REPORTING-RENO

(775) 786-7655

41

1 .

ti me .
I'm handing you what's been marked Exhibit 10.

It's a letter dated January 3rd, 2007 to zachary B.

coughlin from Susan I. Kagan on State Bar of california

letterhead.

7
8
9

10

Do you recognize Exhibit 10?

I believe this is a letter that you, susan

Kagan, sent me.

And this letter has attached to it an

authorization for disclosure and release of information,

correct?
. Yes.

11

12

Did you recelve this letter?

13

I believe so.

14

Did you provide the LAP

15

the State

16

B~r

I'm going to object on

and answer that I do not believe

18

the State Har.

20

~onfidentiality

grounds

ptovided this form to

You do not believe -- did you or did you not

provide the form?

21

I don't believe I provided this form.

22

Q -

Are you refusing to provide the LAP

23

form to

in response to this letter?

17

19

authori~ation

-authorization form to the State Bar?

24

I'm not sure.

25

You're not sure whether or not you're refusing?

BONANZA REPORTING-RENO

(775) 786-7655

42

Huh-uh.

Do you agree to provide the LAP

autho~ization

form to the State Bar?

I don't know what the conditions are.

Yes or no, do you agree to provide the LAP

authorization form to the State Bar as part of thi s

'7

proceeding?

Do I ,agree to sign thi s form?

Yes.

10 '

Not at this time.

11

At any time in these proceedings, wi 11 you be

12

providing that ,form to the State Bar?

13

Idon't ' know.

14

What is your basis for not providing that fbrm

15

at this time?

16

A '

I don't know.

17

You don't have a basis for refusing to provide

18

this form?

19

20

21

I'm not sure.

,AS of today, will you sign that form and

provide it to me?

22

NO,I won't.

23

Mr. coughlin, are you aware that your father

24
, 25

advised your law school

th~t

you had a chemical

dependency problem?

BONANZA REPORTING-RENO

(775) 786-7655

43
1

I'm not sure.

Q.

Did your father ever advise you that he told

7.
8
9

I'm not sure.

. DO you have a chemical dependency problem?
Can you define a chemical dependency problem?

I don't know what you mean by that.

Q

Do you have a dependency on substances, illegal

substances or . narcotics?

10

I don't believe so.

11

Did you at the time that you were attending law

12
..

the law school you had a chemical dependency problem?

school?

13

I don't believe so.

14

Did you take any illegal substances or

15
16
17

narcbtics during your attendance of law school?

A

I object on privacy, Fifth Amendment grounds

and ADA grounds.

c~rtify

18

I'd like to

19

Can you repeat the question, please?

20

I'm sorry, can you read the question back?

that question.

21

(The record was read by the reporter.)

22

THE WITNESS:

23
24
25

I don't believe so.

BY MS. KAGAN:
Q

Do you know why your father would advise the

law school that you had a chemical dependency problem?

BONANZA REPORTING-RENO

(775) 786-7655

102
1

actually served with that?

I have not found that.

If you can just go back and look at Exhibit 1 -

which is your ~pplication to the State Bar of

california.

Can I keep these?

Sure, these -are . your exhibits.

okay.

Exhibit 1 is the State of california, the one

10

you have right there?

11

These are the exhibit numbers?

12

Yes, and on question 14.5, it looks like it's

13

page 14 of the exhibit and it's urider chemical

14

dependency, you checked no under chemical dependency,

15

correct?

16

Yes.

17

At the time that you checked that, did you

18

believe that you had an addiction to alcohol, drugs or

19

medications?

20

depehdency is to be construed to include abuse and _

21

eXcessive use, addiction to alcohol, drugs or

22

medications.

23

dependency at that time?

24

25

Excuse me, the section defines chemical

-

Did you believe that you had a chemical

I'd object on privacy grounds, but I'"

in that as the question is stated, have you been

BONANZA REPORTING - RENO

- --.- -.- - -

(775) 786-7655

answer

103
1

diagnosed or treated for a chemical dependency that

would currently interfere with your ability to practice

law, I answered no and that was my belief.

4
5

And what was the basis for the no as part of

that question?
A

didn't believe

had a chemical dependency

that would currently interfere with my ability to

practice law.

Did you have any chemical dependency at all at

10

that ti me?

11

12
13
14

sure.
Q

I'm not sure.

don't believe so, but I'm not

I don't know how one could be sure.

Were you ever diagnosed at that time with a

chemical dependency?

15

I don't believe so.

16

So as of September 28th

sorrY,as of

17,

September, 2002, you did not have a diagnosis of a

18

chemical dependency?

19

Can you explain what you mean by diagnosis?

20

Diagnosis, you didn't have any medical

21

diagnosis of a chemical dependency?

22

By a medical provider?

23

Yes.

24

.A

25

No, I don't believe so.

AS of September, 2002, you had not received

BONANzA REPORTING-RENO

(775) 786-7655

104

or had you received treatment for chemical dependency?

Can you define treatment?

Any treatment regarding --

If ' you watch a movie about an alcoholic, is

that treatment?

~6

NO, treatment bya medical provider.

NO, I don't believe so.

As of September, 2002, were you participating

1n AA?

10

I don't know what you mean by participating.

11

Did you go to AA meetings?

12

I'm not sure.

13

Did you start going to --

14
15

strik~

that.

In 2002
A

I might mention, I gone to AA meetings for

16

reasons other than for myself at various points in my

17

1 i fe.

18

19
20
21
22

23

Let's talk about just 2002 then.

In 2002 then,

were you attending AA ' meetings?

A

I object to that on privacy grounds, but I'll

say that I think I did.

Q

Were those meetings for your benefit or for

other people's?

24

I'm not sure.

25

You don't recall the reason for your attendance

BONANZA REPORTING-RENO

(775) 786-7655

105

.~,

at AA during that time period?

I don't know that I ever knew the reason.

Can you describe that?

You know, sometimes you're not sure why you're

5
6

doing something, you know.

Q

Isn't it true that you submitted evidence that

you've attended over hundreds of Alcoholics Anonymous

meetings in the past five years?

I believe so, yes.

10

You don't have a reason for attending those

11
12
13

hundreds of meetings?
A

I sai d I don't know that I know for sure the

reason why.

14

What do you think the reason is?

15

I'm , not sure . .

16 ,

Is this a hobby of yours?

17
18
19
20

21
22
23
24

25

I'd like an educated

guess from you.

A

I guess I think it's something that's

beneficial to me.
Q

M r .C 0

ugh lin , do' you believe that you have a

problem with alcohol?

A

' I'd object

~o

that, privacy, ADA.

I don't

know, what do you meah by problem?

Q

control

Do you believe that you are unable to

~-

strike that.

BONANZA REPORTING-RENO

(775) 786-7655

106
00 you believe t~at you abuse or have problems

1
.

2.

. with excessive use or addicted to alcohol?

At this time?

Yes.

No.

I don't drink, so I don't know.

Can you

have a problem with alcohol if you're not drinking?

don't know.

why

I'm not sure.

don~t

you drink?
I think I'm better off not

10

drinking.

11

itself particularly well to legal analysis.

I don't think it's something that lends

12

what is that?

13

The subjects of alcoholism, the treatment

14

thereof and AA.

15
16

Do you go to these AA meetings for reasons

other than issues with alcohol?

17

I'm not sure.

18

okaY,let's move on.

19

probably.

20

I mean, I don't think it's just

alcohol that people go to AA meetings for.

21 .

What are the other

22

I enjoy them. ' I think they're beneficial to

23

me.

24

spiritually fit and that . .

25

reason~

that you go

f~r?

I think they help me in attempting to be

Have you had any arrests Slnce January of 2003?

BONANZA REPORTING-RENO

(775) 786-7655

129
1

informal conference with the Committee of Bar Examiners

on July 8th, 20047

Yes.

California?

Yes.

And at that time at the conference, you

did discuss your relationship with alcohol, correct?

I believe so.

SOl just would like to kn6w why you refuse to

discuss your relationship with alcohol at "this

9,

deposition.

10

I don't know that I've refused to discuss my

11

relationship with alcohol.

12

that's what I've' done.

13

'<::;. :, .. '

I can't acknowledge that

well, you have claimed privileges in response

14

to my questioning ' regarding alcohol in this deposition,

15

and my question is, why are you claiming privileges and

16

not discussing your

17

were forthcoming at your iriformal conference in July of

18

2004?

19

20
21
22

issu~s

with alcohol now when you

I'm not sure that that's what I'm doing.

If

that is what I'm doing, I'm not sure why I'm doing it.
Q

At your informal conference, you discussed

being a member of Alcoholics Anonymous?

23

I don't know that I said I was a member.

24

Actually, you know what, I'm handing you what

25

I'll mark as Exhibit 12, and this is a transcription of

BONANZA REPORTING-RENO

(775) 786-7655

130
1

the informal conference from July 8th, 2004, and it is

ten pages long.

review that exhibit.

lid like you to take a moment and

Q I will make you a copy of that.

Can

keep this?

an extra copy . with me today.

that to you.

1111 provide a copy of

Okay.

would you agree that you did

10

I donlt have

dis~uss

your

issues with alcohol at the informal conference?

11

Sure.

12

Now, is there a reason why you will not discuss

13
14
15

your relationship with alcohol today?

A

think that

will discuss my relationship

withalcoholt9day.
okay.

16

17

Anonymous?

18

Are you a member of Alcoholics

I donlt know what you mean by member.

Itls not

19

like the NRA where you register with s6mebody and you

20

pay dues.

21

22

Do you go -- do you attend meetings for

Alcoholics Anonymous?

23

Yes, I do.

24

Do youattend ' those meetings ' because of

25

problems that you have with alcohol?

BONANZA REPORTING-RENO

(775) 786-7655

131
1

W~ll,

I don't drink, so --

. How long have you beeri sober?

I am going to object to that on privacy

grounds, but I'll say that

I think they're a good thing for me to do and not

drinking

attend the meetings because

a good thing for me to do.

lS

So you're not going to testify today about how

long you've been sober?

No.

10

Okay.

In your informal conference, you stated,

11

" I was s m0 kin g mar i j ua n a i n Jan u a r y

12

true statement?

13

14

Amendm~nt

15

f 200 3 ." 1 s t hat a-.

I'm going to object on privacy and Fifth

grounds.
But you stated this in the informal conference.

16

I'm talking about your testimony at the time of the

17

informal conference.

Is that

18

I believe so, yes.

19

And I'd like

yo~

atr~e

statement?

one more time to look at

20

Exhibit 1 which is your application to the california

21

State Bar.

22

The last page of that -- strike that.

Exhibit 2 which is an amendment to

23

applications, a three-page exhibit, and the secohd page

24

of that exhibit is the March 19th. 2003 letter.

25

have a copy of the exhibit in front of you?

BONANZA REPORTING-RENO

(775) 786-7655

Do you

134
1

STATE OF NEVADA

COUNTY OF WASHOE

ss .

3
4

I, . DIANNE M. BRUMLEY, a Certified Court Reporter

and Notary Public for the . County of washoe,

State of
\

Nevada. do he'reby certify that on

;v{
1. . .

iJj'~ __ , the

~ __

deposition of

herein; that said witness was duly sworn by me; that

day of

.n

, 2007, I reported the

~n

the matter entitled

10

before the proceedings' completion, the reading and

11

signing of the deposition (has/has not) been requested

12

by the deponent or party;

13
14

15
16

. That the foregoing transcrfpt is a true and

corre~ttranscript

of the stenographic notes of

. testimony taken by me in the above - captioned matter tG

the best of my knowledge, skill and ability.

17

I further certify that I am not an attorney or

18

couns~l

19

employee of any attorney or counsel connected with the

20

action, nor financially interested in the action.

for any of the parties, nor a relative or

21
22

23

DIANNE M. BRUMLEY, NEVADA CCR

24

CALIFORNIA CSR #6796

25

BONANZA REPORTING -RENO

BONANZA REPORTING-RENO

(775) 786- 7655

OFFICE OFTHE CHIEF TRIAL COUNSEL

ENFORCEMENT

THE STATE BAR .

OF CALIFORNIA

180 HOWARD STREET, SAN FRANCISCO, CALIFORNIA 94105 1639

TELEPHONE (41 5) 5382000

TDD (415) 53 8223 1
FAX (41 5) 5382220

DIRECT DIAL: (415) 538-2037

March 14, 2007

PRIVILEGED AND CONFIDENTIAL
Zachary B. Coughlin
945 W. 12th Street
Reno, NY 89503
Re:

Case Number: 06-M-13755

Dear Mr. Coughlin:

At your deposition on March 2, 2007, you refused to answer questions regarding your history of
substance abuse. As you know, you raised the issue of substance abuse as part of the moral character
application process. Therefore, it is the State Bar position that you waived any privilege in connection
with this topic. Accordingly, your deposition will be rescheduled to take place at the State Bar office in
San Francisco in order to question you about your history of substance abuse. Please contact me to
reschedule the deposition by close of business on March 19,2007. If you do not contact me by that
date, I will assume that you are refusing to answer questions about substance abuse and will file a
motion to compel your answers.

Susan 1. Kagan
Deputy Trial Counsel

SIK

EXHIBIT

1:2.-

DECLARATION OF SERVICE BY REGULAR MAIL

CASE NUMBER: 06-M-13755-PEM

I, the undersigned, over the age of eighteen (18) years, whose business address and place
of employment is the State Bar of California, 180 Howard Street, San Francisco, California
94105 , declare that I am not a party to the within action; that I am readily familiar with the State
Bar of California's practice for collection and processing of correspondence for mailing with the
United States Postal Service; that in the ordinary course of the State Bar of California's practice,
correspondence collected and processed by the State Bar of California would be deposited with
the United States Postal Service that same day; that I am aware that on motion of party served,
service is presumed invalid if postal cancellation date or postage meter date on the envelope or
package is more than one day after date of deposit for mailing contained in the affidavit; and that
in accordance with the practice of the State Bar of California for collection and processing of
mail, I deposited or placed for collection and mailing in the City and County of San Francisco,
on the date shown below, a true copy of the within

4
5
6
7
8
9

10

MOTION TO COMPEL ANSWERS; MEMORANDUM OF POINTS AND

AUTHORITIES; DECLARATION OF SUSAN I. KAGAN

11

12

in a sealed envelope plac"ed for collection and mailing at San Francisco, on the date shown
below, addressed to :

13

14
15
16

17
18
19

Zachary B. Coughlin
945 W. 12th Street
Reno, NV 89503
in an inter-office mail facility regularly maintained by the State B~ of California addressed to :
N/A

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed at San Francisco, California, on the date shown below.

20
21
22
23
24
25

26
27
28

DATED: March 20,2007

SIGNED:

rB~~~b-a~r-aA~.TP'e-rry------------------

Declarant

T I IE STATE BAR OF CA LIrORN IA

OFFICE OF T HE CH IEF TRIAL COUNSEL
2
J. DREXEL, No. 65670
CHlEF TRIAL COUNSEL
3 RUSSELL G. WEL\!ER, No. 94504
DEPUTY CH IEI' TRIAL COUNSEL
4 LAWRENCE J. DAL CERRO. No. 104342
ASSISTANT CHIEF T RI AL COUNSEL
5 DONALD R. STEEDMAN, No. 10492 7
SUPERVISING T RIAL COUNSEL
6 SUSAN I. KAGAN No. 21 4209
DEPUTY TRIAL COUNSEL

scon

180 Howard Street

San Francisco. California 941 05

Telephone: (415) 5382037

9
10

T IIE STA TE BAR COURT

11

HEARING DEPARTMENT SAN FRANCISCO

12

[3

In the Matt er of

14
15
ZAC HARY B. COUGHLI N,
16
17
An Appli cant for Admission

18

) Case No. 06M I 3755PEM

)
) STATE BAR'S MOTION FOR
) ORDER REQUIRJNG APPLICANT
) TO SUBMIT TO AN INDEPEl'JDENT
) MED ICAL EXAM INATION
)
) [Bus. & Prof. (ode sec ti o n 6053 ;
) Rui csof Proc. 184J
)

------------------- )

19
20

I NT ROD UCTI ON

21

The State Bar of California, appearing by and through Deputy Trial Coullsel SUSAN I.

22

KAGAN, hereb y moves Ihi s COLIn for an order requ iring applicmH to submit to an independent

23

medical examination by a ph ys ici an certified in addiction med icine. pursuan t to sec tion 6053 or

24

the Bu sin ess and Professions Code (he rea fter. "sec tion 6053"') and rule 184 orthe Rul es of

25

Procedure o f the State Bar (h ereafter "nile I S-r') , for good cause shown.

26

The basis o f thi s Illotion is that applicant cla ims to havc a history o f alcohol abuse. which

of the

co nduct invcstigalcd

by the C OTllmittce in

27

he contends caused some

28

character detcrmination. H owcver, these claims arc so lely based on ap pl icant's sdf-rcport: he

relation to its moral

has nOI submitted medical evidence demonstratin g an addicti on to alcohol. or recovery from his
2

addic tion . In fact, even thou gh he rai sed the issue as part o f thi s proceeding. as set fo rth below.

he now refuses to answer any questions about hi s addiction.

4
5

In view of the foregoi ng. good ca use exists fo r thi s Cou rt to order an examination by a
physician certifi ed in addiction medic ine in order to determine whether applicant has recovered

G from hi s addictio n to alcoho l and. ifso, the likelihood of a relapse.

7 !h

RELEVANT FA CTS

On July 8.2004, ap pl icant partici pated in an info mlal conference with the Commillee in

relation to its moral character delermillalion . At the co nference. applicant firsl raised the issue

10

o f alcohol addicti on. Specifi cally, in response to question in g abollt certain incidents inves tigated

II

by the Committee, applicant stated: "There's a big change from those times and it would be that

12

on January 1,2002 I became a sober mem ber o f Alcoholics Ano nymous." He furth er stated:

13

"Alcoholism is in my genet ics, yo u know- it's somet hing that 's really exacerbates my character

14

de fec ts." A copy of the tran sc ript from the in fonn al hearing on J uly 8, 2004, is attached hereto,

15

marked "Exhibit I ."

16
17

By letter dated July 13, 2004, th e Committee ad vised applicant's counsel that it wo uld
not recommend ap pl icant's adm ission, but offered to ho ld his application in abeyance, "so the

18

Comm ittee may evaluate his recovcry from alco hol abuse." As part of the abeyance agreement,

19

appl ican t was req uired to pal1 icipate in the Stat e Bar of Ca li fomi a's Lawyer's Ass istance

20

Program (" LA P"). f\ copy of the Committee's Jul y 13, 2004 letter to applicant' s counsel is

21

attached hcreto, marked "Exhibi t 2."

22

23

On J ul y 19,2004, pursuan t to th e parties' agreement, app licant execu led a Slipular ion
Purs uant to Rul e X, Sec tion 4 ("Abeyance Stipulation") wherein he agreed to have his recovery

24 fro m alcohol abuse monit ored by LAP . A copy of th e Abeyance Stiplrlat ion is attached hereto.
marked " Exhibit 3. "

26

Applicant d id not cnroll in LA P unlil J une 30, 2005. I A copy or lhe LA P notification of

27
part or th e abeyance agreement, appli cant provided an AIII/Jori::af/oll for DIsclosure
and Release of lllf0l'lI/allon which allowed LA P to d isclose infonnation to the COlllmittee about
I As

28

-2-

/
enrollment is allached heret o, marked "Exhibit 5:'
On April 7, 2006, applicant was tenninatcd fro m LAP . A copy o flh e lennin:llJon letter

2
3

is attached hereto. marked "E xhibit 6. "

l3y letters dated November 21,2006 and January 3, 2007, :lpplicanl was requested 10
5

provide a renewed Aurhon:mlOlI for DlscloslIre (lnd Release of /11[01'11/(/11011 fOfm in order for the

Co mmittee to investigate the ci rcumsta nces su rrounding his lenninmion from LAP. Copics of

7 th e letters arc attached herelo. marked "Exhibits 7 and 8; ' respec tivel y. To dale. applicant has

n01 provided the reques ted fOfm.

At his deposition on March 2. 2007. applicant refused to :lIls\\cr questions regarding Iu s

alcohol. I-I e also refused to provide a renewed Awhori=arioll!or DIsclosure ({lid

10

addiction

II

Release of Illformalioll foml . Copies of pages 29n, 10206 and 129131 from the transcript of

12

the deposition of Zachary B. Coughlin on March 2. 2007. are attached hereto. marked "Exhibit

13

9:"

10

To date. applicant has failed to s ubmit any medical evidence demonstrating that he has

14

15

recovered from his alcohol adJiction. 2

16

!!h

AR GUI\ I ENT

17

Applic;mt's Sclf Report ofa Hi story of Alcohol Abuse Has Pl aced Il is Mental
Health at Issue: Good Cause Exists For Thi s Coun To Order a Medi cal Evaluation.

19

In a mo ral chamctcr proceeding. the issue before the Coun is whethe r applicant "is a fit

20
21

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and proper person to be pennitted to practice law ." (Pacheco v.

n C:lUd

SI(Jle

Bar of Cal ifomia (1987)

I O~ 1. 105 I.) In this matter. applicant clai ms 10 have an addiction to alcohol. Since

his addiction may directl y effect his fitness to practi ce law, he placed hi s men tal health at isslle

applicant' s participatio n in LAP. A copy of the A IIlhon={/(/oll!or Disclosure and Release oj

24 "formal/all is attached hereto. marked "Exhibit 4."' Thi s authori.lation lapsed in J une, 2006.

,- )

26

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28

!As pan of the abeyance agreement. applicant sub mitt ed the follO\\ing medical repons to
the Com mittee: I) Robert E. Hunter, Ph.D., dated May 21.2002: 2) Oliver Ocskay, Ph.D .. dated
August 16, 2004, December 11,2004 and December 21. 2005; 3} ivlujahid Raslil. ~I D . dated
February 15,2006; and 4) Alan Wong. M.D .. dated March 27. 2006. Copics of the reports arc
attached hereto. marked "Exhibi t 10:' None of the reports add ress applicant's reco\ cr) from
alcohol abuse.
-3-

-.
by making Ihi s claim. Section 6053 and rule 184 allow mental health ex am inations

III

State Bar

proceedings on limited grounds. Secti on 6053 pro vides in pertinent parI that \\ henever the

mental or physical co nditi on is a material issue in a State Bar in vesti gati on or proceedmg, th e
Stat e Bar Court may order an exam inatio n by one or mo rc phys ician s o r psychi atri sts des ignated

5 by it and Ihe report s o f slIch persons may be recelved in evidence inlhose proceedings. A
6

mental examination under thi s secti on is proper ifi' is the lcasllillruslve means in delenll illin g

an appli cant 's mental co ndition . (See III the Maller of Respondent

Slale Bar CL Rplr. 424.)

f)

(Rcy ic\\ Dept. 199 1) Cal.

In relevant parI. nil e 18-l rurther provid es:

In any proceeding in wh ich the mental or physical co nd itIon of a member is at issue. and
to the extent that dI scovery is permitted by ntl e or order of the Court :

10
II

(I) The State Bar may move for an order requirin g th e member who IS subject of

the proceedin g to undergo a mental or phys ical examination pursuant to [st,;c ti on

6053]. The motion and supporting evidence must demonstrate good cause to
requ ire the exam inntion. The moll on shall al so specify the mnnncr, condi tions.
scope and nature o f the requested examination ....

12
13
14

As set forth above. applicant placed hi s 1I1enlal health at iss ue. Presentl y. his cla im of

15
16

alcohol addict ion is based 0 11 his self- rcport : he has fa iled to submit any medI cal ev id ence

17

addressi ng alcoholi sm, or demonstratm g that he has fully reco\ ercd fro m his cla imed addlcl1 on.

18

WlIhout such evidence. a dC!Cnll inati on on his fitness to practice law cannot be made.
Moreover, based on appli cant 's n.:fusal to answcr qu estI ons about hiS addiction al lllS

19

20 deposi tion and refusal to pro vide a renewed LAP authori zati on foml. th e least intruSIve mea ns in
21

determinin g his current co nditi on is through an ex amination by a ph ysici an certifi ed in addi ctIo n
m ~dl c jn c

pursuant to section 6053 and ntle 184.

Based on the forego in g, good cause exists to order appli cant to undergo a mental health

24

examinati on so lel y on the issue of substance abll se by a phys ici.. n ce rtifi ed in addictio n medi cine

25

to address the issues of add ic tion. recovery, poss ible current unresolvcd addI cti ons and the

26

likelihood of relapsc.

27 //1

28
--1-

CONC L US ION

Based on the foregoing, the State Bar respec tfully req uest s this Court to order: (I) that

3 applicant be eval uated by a phys ician certified in addiction medicine; and (2 ) that the
examination be conducted and th e report be prepared and provided to the Co urt and the Slate Bar

5 as soo n as poss ible .

Respectfully submitted.

10
II

TilE STATE BAR OF CALI FOR NIA

O FFI CE OF TilE C HIEF TRIAL COUr-:SEL

Dat ed: March

..z. 0

. 2007

8\'s. ~~~~~;===~~
. ' AGAN
Deputy Trial Counsel

12
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14

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16

17

18
19

20
21

22

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-5-

Infonnal conference of July 8, 2004

Zachary Coughlin
Transcribed by Sarah Dean
Edited by Lynne Thingvold

Lawson:

I'm Debra Lawson. I'm here for the infonnal conference of Zachary Coughlin. And I'd
like to note for the tape proceeding that you are here accompanied by your counsel,
Jerome Fishkin. The committee members will introduce themselves and they'll get
started with your conference.

Mark DeCastro. Whitney Henderson. Morning. Thank you for joining us today. We're
here to have an infonnal conference to help us determine if you have the requisite good
moral character to be able to practice law in California. The burden is on you to establish
that to our satisfactionand the session is being tape recorded. You are welcome to
request a copy of that after the session. Before we get started do you have any questions?

Coughlin:

No.

Okay.

There are several incidents in the records here that we're going to talk about, but before
we or before I ask any questions about the specifics, my concerns generally lie in the area
of how you handle stress. Your what I perceive as a disrespect or a disregard for the law
and authority and your candor, so kind of in the course of the questions that get asked
here that's where I'm coming from. And what I'd like to start with is how you handle
stress or how you've handled stress in the past. And I'd like to know what is different in
your life now in tenns of they way you handle stress as opposed to the various incidents
that include the incident at the movie theater and your being there without paying. Your
running away from that scene and eventually being caught by the police. The traffic
citation and you know the things with your parents and your girlfriend. What's different
in your life now than then, and how are you handling the stresses in yourlife?

Coughlin:

There's a big change from those times and it would be that on January 1, 2002 I became
a sober member of Alcoholics Anonymous. I had a slip in January of the following year
and, culminating in my arrest.

That was January of what year?

Coughlin:

January 1, 2002 and then I had a slip of January of the following year culminating in the
arrest for driving while intoxicated which was a reduced to dry reckless conviction.
From that time I have been a sober member of Alcoholic's Anonymous, going to
meetings on a daily basis at least sometimes more than one a day, meeting with my
sponsor, on a weekly basis, reading a good deal ofliterature in that regard. Pretty much
all of the A.A. literature that's out there, from The Big Book to Twelve by Twelve to As
Bill Sees It to some more peripheral literature like Not God. and just about anything
-1-

related to AA I've read. I've also read and become more active in spirituality - books
like "The Power of Now," have become important to me, going to church, praying a lot
more, participating in the fellowship of AA has been big because it's given me a
network of support and people with whom I can discuss situations that have given me
stress in the past that I've had problems with. It's helped me identify my character
defects and attempt to have, when they arise - to take a moment to pause, recognize that
they are there and have the willingness to do what was necessary to change them.
Q

Were you using any other drugs of choice besides alcohol? Marijuana or anything else?

Coughlin:

I was smoking marijuana in January of2003.

Since then?

Coughlin:

No.

What about any other drugs besides alcohol and marijuana?

Coughlin:

None.

Is January 2002 when you stopped denying that you had a problem or what happened in
January 2002 that made you tum to AA?

Coughlin:

Life had just become too painful, too upsetting. The incidents at the, in the prior six
months to that there had been the incidents at the law school, the arrest at the movie
theater, personal things such as breakups with my girlfriend, and Ijust really felt that
some changes, some serious changes were necessary for me to go on. And pretty much
has amounted to a nearly a complete psychic change in me from who I am. It didn't occur
you know like a flash of light. It was more of a educational variety of just day in and day
out of putting in the work and the time, and having the faith that if I kept working at it I
would be able to become a different person.

Okay. So I guess you had some incidents, and made a decision to join AA You were
going along. I'm assuming there were some ups and downs and then a year later, you
slipped. What was the reason for that and what's happened since then that you haven't
slipped since then, assuming that you haven't?

Coughlin:

The reason for the slip I'd just have to say I take full responsibility for it. I can't point to
anything that made me do it. I'm responsible for my actions and ....

What did the slip involve?

Coughlin:

Wine.

What were you - intoxicated or ...

Coughlin:

Not really, I mean but I shouldn't, it should be absolute abstinence. I've had enough
-2-

damage and wreckage in my life in and around alcohol that I shouldn't try to drink at all.
You know - I was ...

What happened at that, did something in particular happen or did you just say well, I'm
not going to be able to handle the drink and then just..

Coughlin:

I thought that enough time had passed at that point where perhaps I could drink you know
lightly, socially wine with dinner once in a while.

Were you having dinner with the wine or were you out with friends or at a bar or ...

Coughlin:

Usually I was home having dinner. I had just started at a firm where drinking was fair1~
prevalent, so I think now if! was in that position again I would you know draw a real hne
on a social level with the people I work with.

So at the time you kind of felt pressured to fit in, to drink with them or?

Coughlin:

Not coming from them, but maybe I was ...

Internal pressure?

Coughlin:

Yeah.

And so it's been sixteen months since you've had a drink or thereabouts?

Coughlin:

uhhuh.

And about that same amount oftime since you have had marijuana?

Coughlin:

That's correct.

And other than A.A. what else do you have in your life as part of your support system
that helps you handle the stresses that are attendent to life.

Coughlin:

I see a psychologist at least once a month. I was seeing him weekly for a period of
approximately twelve weeks and starting in February of or March of2003 actually,
named Dr. Ocskay. He conducts traditional psychotherapy with me. We delve into some
issues that I think have been troubling to me, and the work we have done I think has
helped me face those and develop better patterns of behavior. Specifically some of those
issues were being an adult - child of alcoholics. I developed like, as is common with
people like that, some knowledge - active character traits that don't really fit in very well
with society, so I had to look at those, find out why, such as like you were referring to
problems with authority it's very common, a feeling of being persecuted and being
defensive, the source of things, isolating yourself, which doesn't, isn't something that's
gonna help reduce stress, rather one should reach out to friends and have a support
network ....
-3-

Do you take any antidepressants or anti-anxiety medication or anything like that?

Coughlin:

Yes. I take antidepressants.

So, you saw Dr. Hunter in 2002 that was for eight sessions, right? And then at some point
after that you started seeing your current doctor and, you said initially weekly for about
twelve weeks and since that time, a little over a year now, once a month.

Coughlin:

That's correct.

Okay. And anything else in terms of your support system and places you go to help you
deal with your stress?

Coughlin:

Well, A.A. has created a few support systems for me. I have- three hundred times more
friends than I had before I went into that because there's so many more people I relate to
and have phone numbers and have called them up. Also, I had a condition, a chronic pain
condition in my back and neck .. .I'm sorry could I get a glass of water? My mouth is
really dry. A chronic pain condition in my back and neck that was sort of causing me a
lot of stress or stress was causing the condition and I think my alcoholism, my character
defects, specifically, having a self pittying(?) type of personality-blaming other people
for my problems and having too much pride or too much false pride or ego-was
contributing to my back problems, my physical problems because when you are walking
around carrying all this negative toxic energy it dissipates all of your vitality and that can
really cause a lot of back problems, specifically upper back problems which is what I had
in the thoracic. So, that was, that can make you very irritable so taking care ofthat back
problem was very important. It wasn't as important as taking care of the alcoholism, and
in some ways addressing both of them are going to help the other, but I've gone to about
thirty appointments for acupuncture, around twenty five chiropractic appointments, I've
done twelve. weeks of physical therapy-I do a lot of meditation work in monitoring my
breathing, my body and I've read a good deal of literature in that regard and listened to a
bunch of self help tapes so that I can notice some triggers of when I'm beginning to carry
tension in my body-and it's going to result in a build up of stress-and you know back
pain whlch is really seemed to exacerbate my character defects and make my behavior
more inappropriate.

What's the most stressful situation you've been under in say the last year and how did
you handle that?

Coughlin:

Last year probably the most stressful situation would relate to my work. I have a business
where I sell mattresses. It's an internet business and I send them through the mail. That's
been stressful in that it was kind of undercapitalized .to start and my business acumen
wasn't that great. I handled that largely through prayer and the help of people in A.A.
Also, I go to Al Anon and adult children with alcoholics meetings and I became aware
that I often try to compensate for feelings of inadequacy by trying to gain achievement or
looking outside myself for reinforcement and that can mean working too hard, not
knowing when to rest, not knowing when, if I'm hungry, angry, lonely or tired. I need to
stop and address those feelings or problems rather than trying to just bull through it and
-4-

make more money or accomplish more things. Like I took the Bar Exam a ye.ar early in
law school, you know, which was a very poor decision in terms of the e~fect It had o~ my
body and my mind and it showed in alot of the incidents that happene~ m that fol.lowmg
semester. So that's helped with dealing with the stress related to runmng the busmess.

So you're still running that business?

Coughlin:

Mmhm.

Okay.

Coughlin:

I'm trying to find work in the legal field and I've had on part time or case by case basis
some research work. But I started the business because it did not appear that there was
sufficient work out there to stay fully employed.

And you run your business out of, from Nevada, or here ..

Coughlin:

From Nevada.

Can you explain what's happening with your conditional admission to Nevada. I guess
they haven't heard from you in a while. What exactly has been transpiring there?

Coughlin:

I got a deferment order from the Supreme Court after the Nevada Character and Fitness
Committee had issued a recommendation that I get licensed. It called for the court to
defer it's decision to October 2003; that time came and passed. So I kept waiting to hear
from them. I called them asked them if there was anything that I needed to do to update
it or further the situation, they said no the court will respond when they do. I have
spoken with the Director of Admissions in Nevada and she indicated some ofthe things
that might help further the process along such as having Dr. Ocskay write some reports. I
requested that Dr. Ocskay do that and he has done that and in fact sending one in this
week. In the near future, my attorney-I spoke with him. He'll be requesting .....

So as far as you're concerned you've satisfied all of the affirmative obligations on your
part during this probationary period or you haven't?

Coughlin:

I've, as far as I'm concerned I have. From what I understood, it was to go to the
psychologist on a monthly basis. I've done that, complied with the rules of the court, I've
done that.

Did you submit...up until now you have not submitted those records and your doctor has
not submitted records saying that you have been in counseling?

Coughlin:

I've been submitting the quarterly reports. I requested at the beginning of our sessions
that Dr. Ocskay do that. And from my reading of the order there was some confusion as
to whether the reports that were submitted by me would satisfy the order or whether Dr.
Ocskay himself would have to supply something separate and apart from what my
quarterly reports contained. I think I've been remiss in not prompting Dr. Ocskay more
-5-

to do something. However on several occasions I've mentioned this to him and he does
just seem a bit uncomfortable with it and it seems that he doesn't really know what the
Bar wants.

So regardless of whether or not he's done anything you've sent in quarterly reports every
quarter since the order was signed in December 2002 through October and currently.

Coughlin:

Yes.

Did you sign the release allowing The State Bar to access your counseling records ...

Coughlin:

Yes.

One ofthe conditions was to abide by the Nevada Supreme Court rules and Rules of
Professional Conduct of the State Bar of Nevada and subsequent to the date ofthe order
and the date of your signing the agreement, you had an arrest. How does that fit in with
complying with the terms of the agreement and the order? Your agreement to abide by
the order.

Coughlin:

It would be a violation of the order.

Is the Bar aware of that or is the court aware of that?

Coughlin:

I wrote the Nevada and California Bars indicating the circumstances of my arrest.

And have you heard from them regarding that?

Coughlin:

I've heard from them in that they told me they got my letter but nothing more specific
than that.

When did you hear from them?

Coughlin:

Shortly after I had sent a letter in with the arrest occurring...

So it was last year?

Coughlin:

Yeah.

The circumstances surrounding the arrest. Could you talk about that.

Coughlin:

The driving arrest?

Yes.

Coughlin:I was stopped at a stop light, a police officer drove past through the intersection past me and
he noticed that I wasn't wearing my seat belt. He turned around and pulled me over. I had had about half
a glass of wine that night, my blood alcohol test indicated it was a .01, which is, originally it said .00,
-6-

which is, indicates that practically no alcohol was present. I think I haven't the right amount of zeros in
there. The officer indicated that he thought I had smoked marijuana and he arrested me-immediatelyafter I questioned whether I needed to take a breath test for alcohol. I was taken to the station, arrested,
took the urine drug screen, tested positive for marijuana.

Had you been smoking marijuana?

Coughlin:

Not that day, but I had in the days before.

The police report would indicate that you had-it was more-I think your statements had
said that there may have been a trace from the clothes you had wore to the sweater often,
but you hadn't smoked in some time. The police report suggests that you may have been
smoking in the car. I mean the smell was that strong coming out of the car when he
approached. How do you explain your side ofthe story and the officer's side of the story?

Coughlin:

Well, I'd wear the same sweater a lot you know in my apartment because I wouldn't turn
on the heat. The times that I did smoke marijuana it was on that sweater. I wore that
sweater out that night.

Were you around people who had been smoking that night? I mean there's a difference
between having an article of clothing and it's like oh you know you've been around
people who smoke and you go, "I smell like I've been smoking."There's a difference
between your smelling like you've been around smoke and smoke wafting out of your
car, so I'm trying to understand the difference between your story and the officer's story.

Coughlin:

I don't recall being around people who smoked that day. The officer- I don't necessarily
agree with some of the things in that report, but that was his opinion.

And you definitely were not smoking in the car that day or had even had a smoke that
day or the day before?

Coughlin:

That's correct.

How does, assuming your ultimately living in Nevada and California, how does
California fit in with your plans when you have a residence in Washington and went to
school there and then you live in Nevada and why California?

Coughlin:

I'm very fond of California; specifically San Francisco, San Diego, Sacramento. I'd like
to move here and practice. Perhaps maintain a practice in both states.

Patent law would be your....

Coughlin:

~atent law would be something I'd be interested in doing. I'd like to do some public
mterest type work. In that regard, California is-specifically the ninth circuit is a state that
I would like to be a part of

I'm gonna ask a question because we've talked about the handling stress, so you don't
-7-

need to explain why or what kinds ofthings were happening in your life that brought you
to the kind of mind set you were in when you took the cyber law course during the
summer and then subsequent, but I'm going to ask you point blank: did you write and
turn in the paper that you claimed you turned in for that class?
Coughlin:

Yes. Absolutely, I did.

And your decision to turn in only a hard copy and not abide by the requirements of the
professor, I'd like for you to talk about that a little bit and why, you know you don't look
like a kid to me, you're younger than I am, but I know enough about computers to know
that you save everything you do and something that's as important as the work you do in
law school- you want to make sure you have it and I'm assuming you know you spent
time to do an eighteen page paper, something you might need as a writing sample or
something at some other point. How is it possible that you don't have a copy ofthat to
make sure that when things didn't quite turn out the way they should have that you could
fix that situation?

Coughlin:

Well, as far as the first part of the question. I wasn't aware, I went to the class the day
the paper was due with a hard copy in hand. I had missed the last ten minutes of the class
where the professor had apparently announced that he wanted a digital copy as well for
the purpose of loading it on to his laptop to read while on a plane flight. I had been
present in class when the professor had said he had wanted to upload the papers to a
cyber law website that was going to be created. I wrote the paper in somewhat of a
hurried manner. I was going to take the Nevada Bar Exam the next week, so the paper
wasn't very good in my opinion. I didn't want it to be on a website because I didn't think
it was indicative of what I was capable of but rather that it was poor and hurried work.
When I got to class and noticed people were turning in disk copies as well as hard copies
I assumed that it was for the purpose of loading it on to the cyber law website. I wrote
atop the paper that I did not wish for my paper to be included on the cyber law website
and as such would only be turning in a hard copy. That was a poor unilateral decision to
make. I shouldn't have done that. I should have obeyed whatever the professor had said.
And it's further indicative of my level of disorganization at that time you know and the
latter stages of alcoholism-not very organized, missing the last ten minutes of class,
missing when the professor said why he wanted that copy. It's slightly arrogant,
impetulent to you know right that atop the paper.

Did you think to ask any of your fellow students or the professor directly I mean, what's
going on here, do I need to submit something that's just a hard copy, or?

Coughlin:

I asked the students sitting around me whether we needed to submit an electronic copy
and some of them said I think so and some of them said yes. I believe I meant to submit
one anyways in addition to what I wrote atop the paper, but ultimately didn't; went on to
getting ready for the Bar Exam and taking it and either forgot about it or thought what I
wrote atop the paper was sufficient. In regard to-I had-just to make the point I, a few
students did sign affidavits saying they saw me turn in the paper.

They said they saw you turn something in.

-8-

Coughlin:

Ok Well, is that what it says.

No, I'm saying the way I would read that. My interpretation is they saw you tum
something in. How did they know it was that paper or not? Unless they sat and read it
and said, "Oh yeah I read it and that was the paper." Otherwise it's you putting
something in-you know people are piling stuff on-who knows what you turned in. If you
turned in anything at all. And I am not saying you didn't, I'm just clarifying.

Coughlin:

As to the latter part of your question, whether I had a back up copy of it. I had written it
on a laptop computer. I was living with my girlfriend that July. The computer's reading
arm on the hard drive broke off and the USB port got cracked in some way. I took it to
Best Buy to get it fixed and several other computer places. They informed me that the
computer was pretty much unfix able absent some expensive data recovery type services.
I was remiss in not making a disc back up ofthe paper. Again that's indicative of being
an alcoholic--not taking all of the steps and being present and being responsible--thinking
you can print off a paper and tum it in and you know ...

Were there more than two drafts ? Do you have the draft that you turned in that had
various comments-and then understand-wouldn't have wanted anyone to be privy to and
then there was the draft that you turned in. Were there more drafts than that? You wrote
your initial draft with place holders and then you worked on it and that next draft was the
one that you turned in since it wasn't what you call up to your quality. Those were your
only two drafts?

Coughlin:

That's correct.

Where did you save the first draft?

Coughlin:

I think it was saved on my Hotmail account. The one with the blue or purple language in
it. I had emailed it to myself, I believe.

Okay, and you didn't think to email the final draft to yourself so that you would have it.

Coughlin:

. Well the final draft I had taken that draft and the paper was due that afternoon and I
worked-so I took that draft and worked on it all day at the school library or the school
library computer place. I got it into a final form and printed it out.

So the draft that you emailed to yourself, you opened up that email at the school, worked
on it, when you got it finished or to whatever you thought was what you were going to
turn in, you just printed it and that was the end of it?

Coughlin:

Yeah.

You didn't email it back so that you would have a copy.

Coughlin:

I can't honestly say in remember saving it to a disc and taking it home or anything. I
do know that I thought, it's printed out, I'm turning it in, it's done.
-9-

Q
Coughlin:

Alright. Thank you. We don't have any other questions if you'd like to close with a
statement you're welcome to do so but you don't have to.
I'd just like to you know impress on you that I really have changed, you know. I've gone
to probably five or six hundred A.A. meetings; I've listened to hundreds of speaker
meetings on A.A. tapes. Alcoholism is in my genetics, you know-it's something that's
really exacerbates my character defects. Even if you took out the alcohol, I' d still have
character defects, still have the alcoholism part of it. I've really worked to address that.
There has been pretty much a complete psychic change in me as a person. I no longer
have such a self seeking life, where all life is about is me collecting one achievement
after another as a means to build myself up. Rather I see that-there is alot more to be
experienced in life by giving to other people and living for, living an other directed life.
Probably the main change in me is that I've turned my will and my life over to my higher
power who I choose to call God, and in so doing, I'm no longer trying to transcend these
feelings that I have inside, whether they be negativity, self pity, blaming other peoplejust alot oftoxic emotions that you see in alcoholics and children of alcoholics- rather
than trying to transcend those feelings through absolutely controlling something like
achieving things in life or controlling things by drinking-through them. Covering them up
with alcohol. I'm realiziIlg that only God absolutely controls things. So, I accept my
limitations and in that I feel I have been able to become more whole as a person, and
avoided the trap of what happens when you try to absolutely control things in your life,
whether it's your reality with alcohol or the people, places or things around you, you
often become absolutely dependent upon them and, you know by praying and turning my
will over to God and asking for knowledge of his will the power to carry it out, I'm able
to find a middle ground where I am responsible and I control what I can in life and I'm
not overly depending on alcohol or anything else or any other person in my life and in
doing so I have been able to become a more healthy and balanced individual who- really
is a night and day difference from who I was.
Thank you.

end

-10-

TH E
TH E

Co

ST,

YlITTEE OF B A R EXAMI NI - S OF
-' B A R OF CALIFOR I A

O FFI CE OF A DM ISS IONS

,&0 IIO WARD ST R EET SA '" FRA"'CIS('O. C ...

LlFOR~I

... QJ 10S1639 .

( 4 1~)

D 8 . nO l

July 13. 2004

M ... RK J nFl ... S1MO
I,u CIwr"

!;.u .;.,,,
DE.I<N I: Ill; NNJS

IA.

JOJL~

Jerome Fishkin , Esq.

369 Pine Streel, #627
San Francisco, California 941 04

".,.I~.

L 0000

Re :

Zachary Barker Coughlin

T~J".

BE \'ERL ~' JEM,) {.... SSNI.R

0.. .., ...

s..o ...... ,..

A .... OREw J HOP ..... ()()[l
JAMES U J/l)SSJ Y
PrJ,,,

s...

ItY ACII'-'1l1 LtL'<,

[)A \10 A 10V.

\ 1\ lA r.

~' ALKENltoRS1

}/~."." o.

/lr.,k

A":-iE E SIIEEI"' ''

"A IRlnA M VIU ALOBOS
LlEII V.ALLA(II
' ... l HARY ..... E('I\SUR

IA. ,1.,,1.,

... LAN S YOC IIE.LSON

St.",. t.:..,,,,,,,. """''' '011'

t.A ~ LE E Ml!RPIIY

n. ..m,' AtI,",.""nt,,,,,

Dear Mr. Fi shkin:

I am writi ng to Inform you of th e status of your client's Applica tion for
Determination of Moral Character. The Committee of Bar Examiners
("Committee ") does not believe It IS now In a poslho'l to recommend YO,lr
chenrs admission tu HlP. Supreme Court of Caiilornla pur5uanl to the
proviSions of Rule X of ttle Rules Regulatmg Admission to Pra ctIce Law in
California ("Rules~). However. th e Committee ha s decided that your cl ien t' s
applica tion will be held In abeya nce until J amlary 13. 2005 , so the
Committee ma y evaluate his recovery from alcohOl abu!:oe. The Commi ttee:
requires that your clien t partiCIpate in th e State Bar 01 CalIfornia 's Lawyers
ASSIs tance Program CLAP") wh ich has been established to provid e
assistance WIth menial tleallh and substa nce aouse Issues 10 members of
the legal profeSSIon . The benefits the program offers are substa ntial. A Far;t
Sheet IS enclosed . After January 13, 2005 . the Comm :Hee wi ll r ~$ume the
proce ssIng of your clien t's application and deCide whether he :5houid :,e
admitted to practice law In CalIfornia, assuming he lla3 sallsfied all of the
oth er requirements for admission .
The abeyance stipulation must be agre ed upon and Signed by your client
pursuant to Rule X, Section 4 of the Rules. I am enclosing the original and
one co py of th e stIpula tion . In addition, I have enclo sed a copy of th e
Abeyance Policy Ihat is inco rpora ted in the stipula tion . Please have your
clie nt sign Ihe stipulation and return the origInal by A ugus t 13, 2004; th e
copy IS for you r client's records.
Your clien t's alcohol abuse problem must be monitored by a Qualified agent
from the LAP during the ab eyan ce period . Your clIen t mllst sign a Wa iver
of Confidentiality and Release o f In formation" to allow the agent from the
LAP to report the evaluation and find ings to th e Committee as required hy
th e abeyance stipulation .

)011:-' II. K()l,)RlI...Ul;Z

/)o'K'''' ()rt"""'''J ''

MU"6,./v.'

nUll\"'" M UiU'IIY LA WSON

OEAI' I'. O... RlIIHU

1",.'10< 1'-,_""..,,,..,,,

EXHIBIT

Jerome FIshkin. Esq

July 13, 2004
Page Two
Re :

Zachary Bark er Coughlin

If your chent agrees to thI s abeyance sll pula llo n . the agent from the LAP who wIll monI tOr
hIs recovery will submit repo rts dunng the abeyance penod to th e moral charac ter ana lyst
who will be monltormg hIs abeyance The moral chara cter analyst assIgned to your clIent's
applicatIon will provIde th e deadline da tes fo r the report s wh en he return s th e sIgned
abeyance stlpulallo n
Failure to co mply wi th the term s o f th e abeyance shpu lalto n is admi ss ible In moral
chara cter proceedings In th e State Bar Court and the Supreme Court o f CalifornIa
In :he even t your client does no l agree to thiS abeyance sllpula llon, hIS Clppllcahon WI!: be
levlewed by th e Committee fo r a further d eCision whIch could re sult in d eni al o f a dmissIon
to practice law In CalifornIa . If the Committee denies your client's ApplicatIon for
Determ ination of Moral Charac: ter. pursu nn. to Rule X. Seclton 5 of the Rules . he may fll:
an apol lca tlo n fo r a fo rmal hearing before ttle Staie Bar CCUI11;', lth re s;:,n" l to v#11ctlWj hIS
applica tion shou ld be approved

PJeas.e feel free to con tact I hl~ office. jf you have ;my fUrttl'3i qlip. stl0ns
abeyance sllpulatlon or If I ca n be of Clny further aSSI::.tance 10 your cilent
Yours Il ul y.

~1i~

DIrector for Moral Character Determinations

Enclosures

.................... ,. _.. _,.

~." ~

r~ g:;lrdlil~ I hl~.

.... tlpulal1on Pursuant to Rule X, S8(,._" 4

I he Committee of Bar Examiners ("'Committee") sllpulates and agrees with Za c hary Barker
Co ughlin , an applican t for admission to pra ctice law before the Supreme Court of California,
as follows:

That furth er inqUiry leading to completion of the moral character review of applicant's
background shall be held in abeyance unlll January 13, 2005 _ This stipulation 01 abeyance
is entered Into with the approval of the Committee and with the agreement of the applicant,
Zachary Barker Coughlin , for the purpose of reviewing his Applica tion for Determination
of Moral Character 10 order to evaluate his recovery from alcohol abuse.
Tha t Za c h ary Bark er Coughlin's recovery from alcohol abuse will be monitored by an agent
from the Lawyers A ssistan ce Program ("L AP"). Zachary Barker Cough l in authorizes the
Committee to release to the LAP any and all materials submitted in connection With the
appitcatlon . Further. Zac hary Barker Co ughlin must sign a ~ Walver of Confiden tiality and
Rele('lse of Information' to allow the agen t to report the evalua tion and finding s to the
Committee
That failure to receive his signed stipulation agreement by Augu s t 13, 2004 will VOid the
abeyance stipulallon
That Za chary B ari< er Coughlin agkes to tile tcrlllS of the abeyance stipula llon as speCified
the Abeyance Policy attached and incorpora ted as part o f thiS stlpul3 tiof"l Failure to
comply With Ihf' Icnns of thE> ;)be\'~r:;'e n1lrLla:loft if'. a (~rr.:S Sl b k! In moral chmGlc:ter
procced:ngs ill tt,~ StJ!e Bnr Cmlrt aria :t-,f,l S'Jweme C:CU( ~ of Calnorni.,
10

Tha ! or: .Janu ary 13 . 2005 . th~ C(';;';l'raec shall resume liS rnqu:ry rind c() mple te th E same
pursuClr:t to th e time lim it::. spccrfl::o It'; PUIo.!;..( of th e Rules RegJlall.'ig Admission to Practice
Law rn California.

ThIS supula!rOil cun tClIn S the whol} of the .3yret:rner.t t.c!ween

applicant

th~

Commi tt ee and th e

Dated ___________________ _
ghhn
Dated

~_.::)f-!!.01-_

_ __

Stipulation Pursual1t to Ru le X, S~ct'cn .4

The Commlttel=) of B<:l r Exanliners ("Committee")

~tlpulates

and agrees wlUl la c h ary Barker

C ough li n . an a:Jpl lcant for aemlssion 1('1 plactlce law before U1C SLJp'f:me Cou rt of California,
.;IS

foI!Q,vs.

T 1"1;)1 fL!rtn(;:r ,nqlltr'1 '~"-io..::r.'l tu cvl'npletlon of the niora! charCicter review of applican t's
;}Qck:]rn.. nd <::hal! he ;lehJ rn dl.leyJIIr.~~ until Jan u ary 1 3, 2005 1 his stlrul8t'on of i.l beyance
1'> ~!l!E::Il--JU Into w:!h 1r.0 anprU\i;1' of ih3 Committee and wrth ihe agree in en t o f the applicant.
Z~c h ary 8ai ke" Couy hlin , f(; ~ trh') \'L.q:;.:)~r. of revle.,v ing his Application for Determmatlon
_t Moral Char;)cter In ord(~~:o e:valui=ltn eli:=' recovery from alcohol abuse.

Ttlat Zach ary 8al k ~ r CO llghiin's rf'covery frt.1 1n alcohol abuse w d~ be monitored by an agent
!rom IhJ LGwyer~ .';ssl~ taf1ce Pr')OI.1m ('LAP"). Za cha ry Bark er Cough lin aUfhorizes the
r.::ol f'lm itt\~:~ 10 rf:,(:O::'f~ to [h.;) I_AP ar.\' and 3:1 1!13teli~l~ submittel..! In ccnnecllon with th e
appHc3!lon rurt her. Zac hary 8 :1rke r Cou;}h li n rn:.Jst sign a "Waj'Jer of Con fldcntial:ty and
I~ e r ~:;j~(~ 0 1 r~lfc:vm'"!;ion~ tc ;1:11)\', th\~ ~~'"1e'-i 10 ,,:;-,01"1 lrj~.:' C>o\';I!~:lti0.'1 . . . ~r! flr~rllnG': ~o the

....~ur!~ ,11 iii~' ."

rhat faIlure ~v rcctJ r've hIs sIgned strpul."3lior. a9reemp.1lt tJ}' Augu s t 13, 2004 will vOid the
abeyance sllpuiatlon.
Th aI Zac h<l:y B arker Coughl in agrees to tile terms of the abeyance stipulation as specified
In the Abeyance Pol icy atta ched and incorporated as P3rt of this s Ipui.3!tOIl Fallu~e to
comply \'''!~, th"'" terms of the :1bcyl]'~: :e fi il1-'L.Jallon j ~ admisslb!e in moral c ~larar.ler
prcc,:wd:nl;s :'., {tl.: :::tale B~ I C l~l:i ~nr1 !rp(~ $''''WelYlfo C:~~IJ(t o f C~l fj lcrnl;)
-r ";J ~ or. .i..l nu,H)" 1 J 2005. U"'9 C-:':-;liT'l~t('1;;! shall rB~urr.e ilS ~p'('JW(y (I:lf~ uJmrletr: the ~;ame
p,Jrsu~d iO !;'!i) il;'":'h! I'rnlt:'- SIJ~t,;rfi.:-~" p."",: PVk' j( (jl the Rule') Repi.ii(Jilng A.7mi~ 0.;;011 [0 P~actif:f:
La~'1 I;J C"it)f~):,~

I
----1

ThIS ~tlpiliallon COill~i n s the whole

3ppl;c"nl
oaled

Deled __7

-m.2-~-----

LCS/-oi__ ______ _

.... ..... . ............~.'

"'-

EXHIBIT

i 3

, .

,'

. I

\ f

I. Z~V\
__ he reby autho r;i'C Ih e Lawyc r' Assi.;I:lll n ' '-'ro!!r.lIlI o f Ih<S fa Ie I)a,' of C:!l ifo rn i:1 (herc; n a fl c r LA ,-. or f' roJ!r:ulI) to disclose andlo r o blalll 1Il10 rrnalio n. fi Ie" o r
rc!;ords pt:f1<1ming 10 me (includ ing info nnatioll . fil es o r rt.:cords cQnccnllTlg dnr g/alcoho llrclIllllc nl o r usc .
PS)Chlalric treatme nt. /\ IDS/ I ll V and o the r communicab le diseases. Ie"! rcsults amUm dlllg,nos i<; and
irI.:allncnt). \\ Ith the S I:I h ' Ba r o f ("ali fUI"II ia CO llllllili Cc o f U:l r Ex a III ilw rs. I

'111C informat io n <;UOJCC110 d isclo<;urc \\ ill be limilt:d to the fo llowing :

/'

V
_L

Contact III fonnatlon

Verifi catIon (lf Partictp:llrOIl

V/A pplica\;on and Participation Ag.rccmcnb

-;;r....compliance with A greement:.

--V/-<-tab I c~tlllg and Rc~u lt:~1 i ... lon or lllllc,,~
Dilignosilc Illformalion
Other

_V

I hereby retca;;;e. (hscharg,", and t.! 'orH.'ratc the Progr:un and lUI) other pe ~oll or organl /. .1110n !'I uppl} IIIg
doculI1 ents. records. or other iufonnarion perl:llllin g to lIle. from an} and alllialHlrt) of c \ el'!
IImure ,Uld kind arising out of the furn ishin g o f :.uc h d ocu m ents. records and Othei' information PUr..UlUlt to
this Au thorl/..Iuio n For DI'I! losun: and RcielL'iC . I am a\\arc that III fomlation ohtnincd from other "ources
\\111 not b..: made ava ilable 10 me h} [hI.' Program . a nd [hal to the c:-,tcnt t \\ant ,opic" of;lIl~ ... lIeh
rnfOm l:ltion. It \\ II I be Ill} re:.po n:'lbrtil), to o htarn il dircc tl~ from that source
tI.'que,>led

Illls Authori7atio n For RcklL'oI.' IS s ubjccl lo \\flllc n rc \ ocatio n by thc undcrs ign\!d :l1 any tillle except 10
the ex lent thar actio n has bcc n laken 11.1 rclirUlec therco rr It no t earlie r rcvo kcd, Ihis a ulh ori"l.mion wilt
tcrmillalt alllOm:Hica lh' ~ ~:111i from rill' lI al(' :IPI)(,;lrillj.! hdow .
't(6~)

Wilncss :

Pnnted Name:

avy

Q.. r

D,,, e~'{ I~L_

ISt'flill n 6234 o r th e Busin(>ss a nd P r orcssio ns CUUl' provid es Ihal a uy inru rmalion p ro\id c-cI to o r
obtaino:d h} rhe Program ~ h :1 1I hl' ('o n l1d en li:11 ulI l('ss co nfiden lialil ) b \\ :,h (',1 h} Ih l' :lIl orn ry.
HO I P C' II X (09/ 19/03)

\<e{--

THE STATE BAR

OF CALIFORNIA

Lawyer Assistance Program

1149 South Hill Street

los Angeles. CA 900152299

(213 ) 7651190
(866) 4366644 (i ns ide Calif.)

LA WYER ASS I STANCE PROG RAM (LAP)

NOTIFI CAT I ON OF EN ROLLM ENT

Name:: Z ..H;hary 8 . Coughlin

Bar :; N A

This is to serve as notification that Zachary B Coughlin conwctcd the La\\ :-I.:r A<;~i~l<1n(."c
P rogr~ml

on June 22. :W05 and h:l::; completed tht! Ickphonc intake process

Pam Poley, t'>.IFT, CADC

Ca~c

Manager

;-"ut!cc of Initial Contact

Rl'\ .<.;cd 03 06 03

June 30. 2005

Date

lawyer Assistaoce Program

1010 Hurl ey Way, Suire 110
Sacramento , CA 95825
(916) 564-5222
(877) LA P-4- HEL P (in side CAl
FAX: (9 16) 56 4-5214

OF CALIFORNIA

April 7, 2006

CONFIDENTIAL

Zachary B. Coughlin
1255 Jones, Apt. 132
Reno. NV 89503
Dear Mr. Coughlin:
In anticipation of the report to the Committee of Bar Examiners (CBX), on February 16,
2006, the LAP Evaluation Committee met to review your participation. At that time,
your participation did not warrant a favorable report to CBX. You were given a period of
time to explore arrangements that might allow you a more favorable outcome. To date,
we have not received any information from you, but must report to CBX.
The LAP Evaluation Committee has determined that you have not successfully complied
with their recommendations and appear not to have gained insight regarding your alcohol
abuse. In addition, your participation in the LAP has been terminated.
We hope that you will choose to pursue recovery and we extend the invitation to contact
the LAP for assistance in the future if you choose.

It- Thibault, MFT, CADC

Poley, MFT, CADC
Lawson. Director, Moral Character Determ inations

""Ul""""

_er.

"

06-M 137SS

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29
1

only as asocial drinker?

could you define what a social drinker is?

Di~ you have -- let me rephrase that.

As of

March 19th, 2003, do you believe that you had a problem

with alcohol?

could you defihe what a problem is7

Do you believe that you were an alcoholic at

that time?

could you define what an

1,0

Do you not understand

11

I don't understand what you understand an

12

~lcoholic

~hat

is?

an alcoholic is?

a 1 co h0 1 i cis .

13

what do you understand an alcoholic to be?

14

I'm not sure.

. 15

Isn't it true that you actually attend

16

Alcoholics Anonymous?

17

I'm going to object to that.

18

What's the basis for your objection?

19

privacy grounds and the 1act that the second

20
21

word in that is
Q

anonymous~

Is n 't i t t rue t hat y o.u ' ve sub mit ted tot he .

22

State Bar proof of your attendance in Alcoholics

23

Anonymous?

24

25

I believe

did, yeah.

I'm not sure, though.

I'm going to object to that as well.

BONANZA REPORTING-RENO

(775) 786-7655

30

What's your basis for that objection?

Given that this is a deposition and the fair

report privilege would make it s'uch that anything in

this can be reported in the

new~paper.

Are you aware that" moral character cases before

the State Bar of califo~nia are confidential?

I couldn't say that.

I couldn't say that

know that to be true.

decisions, published decisions involving moral character

10 '

I could say that

have read

cases, so I don't know how that could be confidential.

11

okay.

I am handing you -- I have not marked

12

t~is

13

the original.

14

just refer to this exhibit

15

is on the letterhead of zach coughlin, 945 West 12th

16

Street, Reno, Nevada, 89503 to the State Bar of

17

california to office of the Chief Trial counsel,

18

I. Kagan, Deputy Ttial counsel, and it also has

~9

con~ected

20

Esquire,office of Chief Trial Counsel from zach

21

Coughlin, 945 West 12th Street.

22

exhi bi t?

23

exhibit.

24
25

However, I will mark this as

I'll mark this exhibit as
a~Exhibit

this is
I'd like to

11, and Exhibit 11

Su~an

to it an envelope to Miss Susan Kagan,

Do you recognize this

Yes.
How do you recognize it?

believe it's something

BONANZA REPORTING-RENO

sent you in the mail

(775) 786-7655

31
1

around two weeks ago.

You believe, or 15 that what' you sent me in the

mail?

I'd like you to review it and tell me if that

bel i eve it' 5 w-hat

I~ent

you in the mail .

is 1n fact what you sent me through the mail.

I believe this is what I sent you in the mail.

And as part of that exhibit, the~e are 'copies

9
10

af, it looks like attendance records from meetings,

Alcoholics Anonymous meetings; is that correct?

11

I believe so.

12

How long have you been attending AA?

13

I object to that on privacy grounds, but I'll

14

goah~ad

15

been -- I was taken to AA meetings as a child, so --

and answer it.

16

why was that?

17

18

you're handing

19

preserving the objection, I've

don't know.
m~

back the exhibit.

You don't

know why you were taken to .AA meetings as a child?

20

No.

21

why did you include that information in your

22
. 23

update for moral character application to me?

A

I'm not sure.

24

Q .

Are you currently attending AA meetings?

25

A .

object to that on privacy grounds, but

BONANZA REPORTING-RENO

(775) 786-7655

32

1
2

Did you attend all the meetings that are

documented in the pages that you sent to me?

Yes, I believe so.

Are you currently

Yes.

HOW long have you been sober?

I object to that on privacy grounds.

DO you drink any alcohol at all?

NO.

10

DO you take any

11

Not that I know of.

12

Not that you know of?

13

would

14

b~

sobe~?

Is there a way that you

drinking alcohol with6ut knowing of it?

I don't know, there's a number of products in

15

the world that have alcohol in them to some extent, so I

16

don't know.

17

percent that I have any alcohol in my system? . I don't

18

know that anybody can say that.

19

mouth wash, there's alcohol in some ice cream.

Not on pu rpose, but can

say :fo r . 100

There's alcohol in

20

,DO

21

No.

22

when is the la5t time you had an alcoholic

23

beverage?

24

25

youd~ink

alcoholic beverages?

I'm not sure, and I'll object to that on

privacy grounds as well.

BONANZA REPORTING-RENO

(775) 786-7655

33

If you don't want the State Bar to know about

your ~ttendance at Alcoholics Anonymous or anything

about your relationship with alcohol, why did you

include this information in your application update?

I'm going to object that your question and the

way it's phrased, I believe it's leading and you're

say; ng if I don't want the State Bar and that's not

something I said.

That's something you just said.

Excuse me?

strike that, I'll rephrase the

10

question.

11

about your relationship with alcohol and your

12

relationship with Alcoholics Anonymous?

IS it true that you are refusing to teStify

13

No.

14

So when did you first start going to Alcoholics

15

Anonymous?

16

17

18
19

20
21

I'm not sure.

And can you define goingi

.when did you first start attending meetings at

Alcoholics Anonymous?
A

I can remember being in a meeting when I was

three years old, so

Q

what about in the last five years, have you

22

been attending Alcohblics Anonymous meetings for the

23

last five years?

24

25

I'm not sure.

five years?

Can you define attending for

Does that mean once in five years or 100

BONANZA REPORTING-RENO

(775) 786-7655

34

1
2

3
4

5
6

times in five years?

Q

A~y

at all, did you ever go to Alcoholics

Anonymous meetings in the last five years?

A

I'll object to that on privacy grounds; but go

ahead and answer it.

Q

Yes, I have.

what was the purpose for you attending those

. meeti ngs?

pu rposes.

I'm not sure

and I think there's a number of

10

why do you personally go to those meetings?

11

I couldn't say for sure.

12

I think there's a lot

of reasons why I go.

13

Can you name some of them?

14

self-improvement I'd say, having a sense of

15

fellowship with other people who have gone through

16

similar experiences as myself, developing

17

relationship with a higher power and a more spiritually

18

centered life, and other reasons that I donJt know that

19

I could verbalize effecti ve ly ~

20

21

stronger

Is one of the reasons also that you have a

problem with alcohol?

22

I'll object to that.

23

.W hat's your objection?

24

Objection would be privacy, it would be

25

. objecting under ADA, it would be vagueness of the

BONANZA REPORTING-RENO

(775) 786-7655

35

-question.

I don't understand what you mean by any

problem with ~1cohol.

well, there are many other self-help groups out

there.

I'm not sure.

You stated one of the reasons were that there

why did you choose

Alco~olics

Anonymous?

are people that had similar experiences to yourself.

Can you describe what you mean by that?

I'm not sure what I mean by that.

10

You stated it.

11

12

You're not sure what you mean

by what you stated?

A

Yeah, it's just a general kind of feeling that

13

I get, you know.

14

tribulationi, people who have had other people give them

15

consternation.

16

17

people have gone through trials and

what were the dates that you attended law

. school? .

18

August of '99 to

19

During that time period, did you have any

20

Dec~mber

of '01.

problems with alcohol or drugs?

21

I'm not sure what you mean by problems.

22

Were you drinking

23
24

25

~lcohol

or taking any drugs

during that time period?

. A

object on privacy grounds.

though, and Fifth

Amendment~

I'll answer it,

I believe I did have -- I

BONANZA REPORTING-RENO

(775) 786-7655

36

,.r -" ..

1
2
3

believe I might have drank alcohol during that time.

Q

Do you know

approxi~ately

how much alcohol you

drank during that time?

You mean in what quantity, like liters or --

Yes.

Or drinks per week or

Yes, both.

.A

NO .

In your opinion, did you have an addiction to

10

alcohol?

11

Can you tell me what you mean by addiction?

12

what do you think of as a definition for

13

addiction?

14

15

That's what I'm asking you.

Are you asking me

what I think of addiction?

16

Yes.

17

I'm not sure.

It's a very loaded word.

I can

18

give you a rough estimation, continue to use .in the face

19

of negative consequences.

20

21

would you characterize that to be the situation

during law school?

22

I'm not

23

I'm asking for your opinion.

24

My opinion is that I'm not sure.

25

what about after law school

sure~

It's very subjective.

BONANZA REPORTING-RENO

do you believe

(775) 786-7655

37

that you had an addiction to alcohol?

I object to that.

what are your grounds?

privacy, ADA, to the e~tent that alcohol is

6
7

being criminalized, the Fifth Amendment.

Q

Did you continue to drink alcohol after law

school?

Yes, I believe so.

until approximately when?

10,

I'm not sure.

11

Did you drink it a year after law scho6l?

12

I'm not sure.

13

soin 2002, did you drink alcohol in 2002?

14

I'm not sure.

15

Did you drink alcohol ln 2003?

16

I'm not sure.

17

Did you drink alcohol in 2004?

18

I'd object to that.

19

what's the basis for your objection?

20

privacy.

21

Did you drink alcohol ln 2005?

22

23

Did you drink alcohol in 2006?

24

I don't believe so.

25

AS

don't believe so.

of this date, did you drink alcohol in 2007?

BONANZA REPORTING-RENO

(775) 786-7655

38

NO,

.1

don't believe sOJ but I'd object to all

the questions regarding whether I've drank alcohol

because of privacy.

Isn't it true

can I ask you a question?

NO, this

1S

my deposition, I get to ask you

questi ons .Isn 't i t t rue that as part "ot you r

application _to the California bar, you have provided

information about yo~r past alcohol and drug use?

-

10

11

not su re.

12

I believe so.

Actually, I qualify that.

I'm handing you what's been marked Exhibit 6.

dat~d

13

It's a letter

14

Coughlin on the letterhead of the State Barot

IS

April 7th, 2006 to zachary B.

. california Lawyer Assistance program from Janice R .

16

Thibault,T-h-i-b~a-u-l-t,

17

Exhi bi t 6?

18
19

Yes.

21

I~m

24
25

Do you recognize

confidential document?
Q

23

director.

Your question is do I recognize this

20

22

I'm

going to object to that on the basis that

it's confidential.
Q

This is a confidential proceeding.

please

answer the question.

A

Can you tell me what you mean by confidential?

BONANZA REPORTING-RENO

(775) 786-7655

39

It's a deposition, right?

Yes,it is.

So does that mean it's a public record?

NO, not in moral

Can you tell me why there's published decisibns

6
7

thara~ter

cases.

on moral character cases?

Q

I am not your attorney, Mr. coughlin.

If you

have questions about the procedures in State Bar court,

you have the opportunity to hire an attorney to help you

10
11
12

through these proceedings.

A

okay.

So your question, I'm sorry, the last

question was do I , recognize this?

13

DO you recognize that exhibit?

14

I object on the basis of confidentiality.

15

AS part of your application process with the

16
17

' State Bar of California, did you agree to participate in

the Lawyer Assistance program, otherwise known as LAP?

18

I object on the basis of confidentiality.

19

And were you ' in fact terminated from the LAP

20
21
22
23

program as of April 7, 2006?

A

I'd object on the same basis of

confidentiality.
Q

I'm going to -- I'm handing you what's been

24

marked Exhibit 9 which is a letter dated November 21st,

25

2006 to zachary B.coughlin from Susan Kagan.

BONANZA REPORTING-RENO

(775) 786-7655

Do you

40

>~

recognize Exhibit 9?

Yes.

HOW

I believe it's a letter that you, Susan Kagan,

do you recognize it?

sent me.

Did you receive Exhibit 9?

I believe I did.

8 >

And in that letter, it states 1n the first

sentence, "AS you know, the State Bar has requested you

10

to provide a renewed LAP authorization form and

11

fingerprint records report 1n connection with the

12

above-referenced matter."
Did you provide the LAP authorization form to

13
14

the State Bar subsequent to

~eceipt

of this letter?

15

I'd object on the confidentiality gr6unds.

16

You're not going to testify about whether or

17
18

not you provided a LAP authorization form?

A

I'm going to object on the

19

grounds.

20

confidential LAP program?

confidenti~lity

Whether I provided a LAP form, a form to your

21

Yes.

22

I'm going to object on confidentiality grounds. >

23

I'd like to certify all the questions where Mr.

24

Coughlin is making objections on confidentiality

25

grounds, privilege grounds, just those grounds at this

BONANZA REPORTING-RENO

(775) 786-7655

41

1 .

ti me .
I'm handing you what's been marked Exhibit 10.

It's a letter dated January 3rd, 2007 to zachary B.

coughlin from Susan I. Kagan on State Bar of california

letterhead.

7
8
9

10

Do you recognize Exhibit 10?

I believe this is a letter that you, susan

Kagan, sent me.

And this letter has attached to it an

authorization for disclosure and release of information,

correct?
. Yes.

11

12

Did you recelve this letter?

13

I believe so.

14

Did you provide the LAP

15

the State

16

B~r

I'm going to object on

and answer that I do not believe

18

the State Har.

20

~onfidentiality

grounds

ptovided this form to

You do not believe -- did you or did you not

provide the form?

21

I don't believe I provided this form.

22

Q -

Are you refusing to provide the LAP

23

form to

in response to this letter?

17

19

authori~ation

-authorization form to the State Bar?

24

I'm not sure.

25

You're not sure whether or not you're refusing?

BONANZA REPORTING-RENO

(775) 786-7655

42

Huh-uh.

Do you agree to provide the LAP

autho~ization

form to the State Bar?

I don't know what the conditions are.

Yes or no, do you agree to provide the LAP

authorization form to the State Bar as part of thi s

'7

proceeding?

Do I ,agree to sign thi s form?

Yes.

10 '

Not at this time.

11

At any time in these proceedings, wi 11 you be

12

providing that ,form to the State Bar?

13

Idon't ' know.

14

What is your basis for not providing that fbrm

15

at this time?

16

A '

I don't know.

17

You don't have a basis for refusing to provide

18

this form?

19

20

21

I'm not sure.

,AS of today, will you sign that form and

provide it to me?

22

NO,I won't.

23

Mr. coughlin, are you aware that your father

24
, 25

advised your law school

th~t

you had a chemical

dependency problem?

BONANZA REPORTING-RENO

(775) 786-7655

43
1

I'm not sure.

Q.

Did your father ever advise you that he told

7.
8
9

I'm not sure.

. DO you have a chemical dependency problem?
Can you define a chemical dependency problem?

I don't know what you mean by that.

Q

Do you have a dependency on substances, illegal

substances or . narcotics?

10

I don't believe so.

11

Did you at the time that you were attending law

12
..

the law school you had a chemical dependency problem?

school?

13

I don't believe so.

14

Did you take any illegal substances or

15
16
17

narcbtics during your attendance of law school?

A

I object on privacy, Fifth Amendment grounds

and ADA grounds.

c~rtify

18

I'd like to

19

Can you repeat the question, please?

20

I'm sorry, can you read the question back?

that question.

21

(The record was read by the reporter.)

22

THE WITNESS:

23
24
25

I don't believe so.

BY MS. KAGAN:
Q

Do you know why your father would advise the

law school that you had a chemical dependency problem?

BONANZA REPORTING-RENO

(775) 786-7655

102
1

actually served with that?

I have not found that.

If you can just go back and look at Exhibit 1 -

which is your ~pplication to the State Bar of

california.

Can I keep these?

Sure, these -are . your exhibits.

okay.

Exhibit 1 is the State of california, the one

10

you have right there?

11

These are the exhibit numbers?

12

Yes, and on question 14.5, it looks like it's

13

page 14 of the exhibit and it's urider chemical

14

dependency, you checked no under chemical dependency,

15

correct?

16

Yes.

17

At the time that you checked that, did you

18

believe that you had an addiction to alcohol, drugs or

19

medications?

20

depehdency is to be construed to include abuse and _

21

eXcessive use, addiction to alcohol, drugs or

22

medications.

23

dependency at that time?

24

25

Excuse me, the section defines chemical

-

Did you believe that you had a chemical

I'd object on privacy grounds, but I'"

in that as the question is stated, have you been

BONANZA REPORTING - RENO

- --.- -.- - -

(775) 786-7655

answer

103
1

diagnosed or treated for a chemical dependency that

would currently interfere with your ability to practice

law, I answered no and that was my belief.

4
5

And what was the basis for the no as part of

that question?
A

didn't believe

had a chemical dependency

that would currently interfere with my ability to

practice law.

Did you have any chemical dependency at all at

10

that ti me?

11

12
13
14

sure.
Q

I'm not sure.

don't believe so, but I'm not

I don't know how one could be sure.

Were you ever diagnosed at that time with a

chemical dependency?

15

I don't believe so.

16

So as of September 28th

sorrY,as of

17,

September, 2002, you did not have a diagnosis of a

18

chemical dependency?

19

Can you explain what you mean by diagnosis?

20

Diagnosis, you didn't have any medical

21

diagnosis of a chemical dependency?

22

By a medical provider?

23

Yes.

24

.A

25

No, I don't believe so.

AS of September, 2002, you had not received

BONANzA REPORTING-RENO

(775) 786-7655

104

or had you received treatment for chemical dependency?

Can you define treatment?

Any treatment regarding --

If ' you watch a movie about an alcoholic, is

that treatment?

~6

NO, treatment bya medical provider.

NO, I don't believe so.

As of September, 2002, were you participating

1n AA?

10

I don't know what you mean by participating.

11

Did you go to AA meetings?

12

I'm not sure.

13

Did you start going to --

14
15

strik~

that.

In 2002
A

I might mention, I gone to AA meetings for

16

reasons other than for myself at various points in my

17

1 i fe.

18

19
20
21
22

23

Let's talk about just 2002 then.

In 2002 then,

were you attending AA ' meetings?

A

I object to that on privacy grounds, but I'll

say that I think I did.

Q

Were those meetings for your benefit or for

other people's?

24

I'm not sure.

25

You don't recall the reason for your attendance

BONANZA REPORTING-RENO

(775) 786-7655

105

.~,

at AA during that time period?

I don't know that I ever knew the reason.

Can you describe that?

You know, sometimes you're not sure why you're

5
6

doing something, you know.

Q

Isn't it true that you submitted evidence that

you've attended over hundreds of Alcoholics Anonymous

meetings in the past five years?

I believe so, yes.

10

You don't have a reason for attending those

11
12
13

hundreds of meetings?
A

I sai d I don't know that I know for sure the

reason why.

14

What do you think the reason is?

15

I'm , not sure . .

16 ,

Is this a hobby of yours?

17
18
19
20

21
22
23
24

25

I'd like an educated

guess from you.

A

I guess I think it's something that's

beneficial to me.
Q

M r .C 0

ugh lin , do' you believe that you have a

problem with alcohol?

A

' I'd object

~o

that, privacy, ADA.

I don't

know, what do you meah by problem?

Q

control

Do you believe that you are unable to

~-

strike that.

BONANZA REPORTING-RENO

(775) 786-7655

106
00 you believe t~at you abuse or have problems

1
.

2.

. with excessive use or addicted to alcohol?

At this time?

Yes.

No.

I don't drink, so I don't know.

Can you

have a problem with alcohol if you're not drinking?

don't know.

why

I'm not sure.

don~t

you drink?
I think I'm better off not

10

drinking.

11

itself particularly well to legal analysis.

I don't think it's something that lends

12

what is that?

13

The subjects of alcoholism, the treatment

14

thereof and AA.

15
16

Do you go to these AA meetings for reasons

other than issues with alcohol?

17

I'm not sure.

18

okaY,let's move on.

19

probably.

20

I mean, I don't think it's just

alcohol that people go to AA meetings for.

21 .

What are the other

22

I enjoy them. ' I think they're beneficial to

23

me.

24

spiritually fit and that . .

25

reason~

that you go

f~r?

I think they help me in attempting to be

Have you had any arrests Slnce January of 2003?

BONANZA REPORTING-RENO

(775) 786-7655

129
1

informal conference with the Committee of Bar Examiners

on July 8th, 20047

Yes.

California?

Yes.

And at that time at the conference, you

did discuss your relationship with alcohol, correct?

I believe so.

SOl just would like to kn6w why you refuse to

discuss your relationship with alcohol at "this

9,

deposition.

10

I don't know that I've refused to discuss my

11

relationship with alcohol.

12

that's what I've' done.

13

'<::;. :, .. '

I can't acknowledge that

well, you have claimed privileges in response

14

to my questioning ' regarding alcohol in this deposition,

15

and my question is, why are you claiming privileges and

16

not discussing your

17

were forthcoming at your iriformal conference in July of

18

2004?

19

20
21
22

issu~s

with alcohol now when you

I'm not sure that that's what I'm doing.

If

that is what I'm doing, I'm not sure why I'm doing it.
Q

At your informal conference, you discussed

being a member of Alcoholics Anonymous?

23

I don't know that I said I was a member.

24

Actually, you know what, I'm handing you what

25

I'll mark as Exhibit 12, and this is a transcription of

BONANZA REPORTING-RENO

(775) 786-7655

130
1

the informal conference from July 8th, 2004, and it is

ten pages long.

review that exhibit.

lid like you to take a moment and

Q I will make you a copy of that.

Can

keep this?

an extra copy . with me today.

that to you.

1111 provide a copy of

Okay.

would you agree that you did

10

I donlt have

dis~uss

your

issues with alcohol at the informal conference?

11

Sure.

12

Now, is there a reason why you will not discuss

13
14
15

your relationship with alcohol today?

A

think that

will discuss my relationship

withalcoholt9day.
okay.

16

17

Anonymous?

18

Are you a member of Alcoholics

I donlt know what you mean by member.

Itls not

19

like the NRA where you register with s6mebody and you

20

pay dues.

21

22

Do you go -- do you attend meetings for

Alcoholics Anonymous?

23

Yes, I do.

24

Do youattend ' those meetings ' because of

25

problems that you have with alcohol?

BONANZA REPORTING-RENO

(775) 786-7655

131
1

W~ll,

I don't drink, so --

. How long have you beeri sober?

I am going to object to that on privacy

grounds, but I'll say that

I think they're a good thing for me to do and not

drinking

attend the meetings because

a good thing for me to do.

lS

So you're not going to testify today about how

long you've been sober?

No.

10

Okay.

In your informal conference, you stated,

11

" I was s m0 kin g mar i j ua n a i n Jan u a r y

12

true statement?

13

14

Amendm~nt

15

f 200 3 ." 1 s t hat a-.

I'm going to object on privacy and Fifth

grounds.
But you stated this in the informal conference.

16

I'm talking about your testimony at the time of the

17

informal conference.

Is that

18

I believe so, yes.

19

And I'd like

yo~

atr~e

statement?

one more time to look at

20

Exhibit 1 which is your application to the california

21

State Bar.

22

The last page of that -- strike that.

Exhibit 2 which is an amendment to

23

applications, a three-page exhibit, and the secohd page

24

of that exhibit is the March 19th. 2003 letter.

25

have a copy of the exhibit in front of you?

BONANZA REPORTING-RENO

(775) 786-7655

Do you

134
1

STATE OF NEVADA

COUNTY OF WASHOE

ss .

3
4

I, . DIANNE M. BRUMLEY, a Certified Court Reporter

and Notary Public for the . County of washoe,

State of
\

Nevada. do he'reby certify that on

;v{
1. . .

iJj'~ __ , the

~ __

deposition of

herein; that said witness was duly sworn by me; that

day of

.n

, 2007, I reported the

~n

the matter entitled

10

before the proceedings' completion, the reading and

11

signing of the deposition (has/has not) been requested

12

by the deponent or party;

13
14

15
16

. That the foregoing transcrfpt is a true and

corre~ttranscript

of the stenographic notes of

. testimony taken by me in the above - captioned matter tG

the best of my knowledge, skill and ability.

17

I further certify that I am not an attorney or

18

couns~l

19

employee of any attorney or counsel connected with the

20

action, nor financially interested in the action.

for any of the parties, nor a relative or

21
22

23

DIANNE M. BRUMLEY, NEVADA CCR

24

CALIFORNIA CSR #6796

25

BONANZA REPORTING -RENO

BONANZA REPORTING-RENO

(775) 786- 7655

C,",".""," ";":;':'" '1/,

1640 "II" 11,11'(, Suhc: II
Lu Vcgu. 1'1 V tl!J I06

(702) ;63-;6;3' F:u; (702) 363524'1

~-21Q2

To:

Peter Christianson, Esq.

from :

Dr. Hunter

Re:

Za\,;k Coughlin

This is to confirm our phone conversation::; rugarrung Mr. Coughlin. lore has been under
my care at this office since 4-2-02 and continues to receive outpatient psychotherapy for
his diagnosed Adjustment Reaction (OSMlV Diagnostic Code 309.9). We have mel for a

lola] of 6 sessions thus far, including a Mental Status Examination and an Initial Clinical
Interview. He is compliant with therapy and appears to be deriving some benefit from
the process.
Adjustment Reaction is a benign ~ychulogica1 diagnosis. It implies a 'normal' person

undergoing substantial situational stress. Mr. Coughlin is by history a very high

functioning and high performing young man. He was always at Of near the head of his
class, was a recognized athlete and was always popular and successful. His recent
situation with the Nevada Bar is unique in his experience and has been extremely
stressful for Mr. Cnughlin as it represents the first time be bas been in the role of a
troubled or potentially unfit person. His extreme emotional reaction at the initial Bar
hearing is indicatjv~ of this. tLS ~is ~esu1tant sleep and appetitE: disturbance and
generalized anxiety. He is making progress with his symptoms and his current level of
functioning is excellent.
J strongly believe that Mr. Coughlin is fit fO( the practice oflaw. He ht1S no moral or
characterological shortcoming, no Axis I or n psychiatric or psychological disorder other
than Adj ustment Reaction, and he is eager to assume his rightfuJ place before the 'Bar.
Despite the obvious lapse injudgment evident in some of his recent actions, which I
attribute to streSs, he shows excellent pre-morbid adjustment and displays no sign of
impailTll ent , Feel free to contact this office if further information would be usefuL

Robert E. 1iuDCor. PhD.

LiccDSOd CIIDIiII Psydlologist #115

10

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~"'r Jr.. ::;;" f":',('!fjrJ wngt. (J"':Jr ttJ 641lOUtltJlH')I'l . OOl>p tnl'\tk)n r~.I<" wert equal In
It", ""-"PO trY..."" ;,nd /)f"'r.~1 (b1>aiJ. Toc".
good dollOtd bifAlPS. \J1c<lpe and
,_'..... dr""'. The-. HIsO luI ranue 01 moII<>n wllh 110.100 ond .xt.n8lOl1. fight and
~ ""/"~ ('latY"" (fan.' "."'".. II/JI W'1r. Qrolily Intact. a. wells. g'o.. sensatIOn.

gv..,....,

w"'

~ fA

:.<' ,_ttJaI Or

If''<: II

all' 1

t6'J 1'I')fjfi

(j(l (Jf)

0'(,.,.... curronl '1oQ,m.nl<oll<>n h:od tho patlonl In a .table condttlon

tJrtfJI>, ''''',I)fMJI\ndilfJOOo a.lar a. eddrtlOn8 or allorOllOoo 10 hi. current

Oliver Ocskay, Ph.D.

---_.
-(" "kl'li ?,::ycho rJ9
~

December I I 201'}."
Patrice F';chntan
Slate Botf of f'\cvc.d"
6O'J fl. Charle\fllo Blvll
t~. Vegu. Ny 891(J.1

I Jmve been ask-~

to~
. regard mg ps),t:holul!luJ "('.ACmenl WIll!
. 7...ach Co:J~IUUL
..1,_ ..."1 r. C OU~ hun
~
.00e
has been attending ~ychotherap)' St:s'I;ions since 4;']JtJf)3 He- ~ attcl1ckd 2.t sesslC~
Mr. Coughlin ba~ heen an ac.tive participant in his lreatmenL He b.ib CQIlIlnocd to impm\'e bls
abilil) to lake personal respofl!olt)lhty tor his behavior. lie b.a5 cnnbnucJ 10 81inimi1c; tl c. unpan
of dUl;'(Jnly conflict." and hyperr.ensitivity b criticism on Ius b.::b.A ... ior fie ha... rontinUt'd 1'('1 tNt:
self-monitoring and !>Ire.c;s reducticn Itdlu~ucs to cope wllh ~iffi:u1t ~tnation<:;_ Tbc:st and Nbc,
cOf.nitivc behavioral s(ralegjcs ha\oc contributed to conunucd IIDpro,"'cmrnt In lu~ ability fO A.U('S."!'
and respond to;) vanety of SltuMlons more effccth'ely and adaptivel) He con'iU!.ac:'~ lU giH'
every indietrion th01 he is on a c:oun:;e that IS workmg weU for bun and h."lrtn~ him fa mairltttln
the structures he needs to maintain a eoosiSlenl pallcrn of good judgement ud adaptive bc:1.:.1"ior,

Sincerel)

(~'()~~ /}t/ j

","",... Ii: L'r':'... ,-,.. tC "0''.

.....

~.

JUt

~',

n.c.,'"b<, 21, 2fNl'l

P.lrice lhnwl
flo, of Nc,1da
600 I t"-rlcm>. Blvd
Lu V'I'"' NV 89104
~Il'"

1b... _

ubd to

."Ie "'....., poydloloJIUII-"- willi Zado Cooplin. Mr. Cnuph.

lui .......... 5 poyeioaIktapy

_>wi

oiDOt "'JIM! ..,..,. .. 71517lXJ5.

Mr. OlopJm _ _ lObc .. _

J*ba....... ~"'. lie _ _ to..-Ice
",_ID .....1. . . . . 1ft 10 ..""",IdJlflllly _life', ""_ 1 lie coma.:. 1.0 ",ork 10
impmve Ws reW.u . .. , ... .-as.red1lCliw trdoiqta 10 cope WJdI diftiadt sibuliou.. He
IppeiralDboiapwli

..,. _iety . . .

~1DIJR'...,u'n:&, . fk,.~ ....

.....-lo"

on8 ~ ..... wulii& wei,. "'1O __ ~.IIIe,...,.. "'_'1 f--"n .., a

I1lOl'< '"

'2 ,., . . . . . .

888 W 2nd.. Suite 304

..
.

-~L.'~
~:

.
,

I~'

at ""'" jaIdao.,.. _

odIopIiv. _

Reno. Nevada 89503

(775) 786--5775

PaO'icl!' bkhrrulTl
6(K, L. Charleston Rhd
Stale S.U"l'l' I\<,)vadd
La~ Vc~as. NY H~ 1 1)4

J have :,een OIskcd to Wnlc rCt!llrdlll)t pl-ychuloglc3.1 trutnl~nf wilh /nch Ctlu~hhn Mr O,,)112hhn
ht.... b..-cn '1L1.t:nJIII!I,

V~:vchQtherap)' :-c~~if)n:. :.inu: 4;"!S/OJ.

lie hns 1l1h:nJcd 21 SC$ions.

Mr Coughlin has 0<-<-", an lIc:tiVC panicipant til hit:: Irl"mfllelll. He h;l:" unpluwJ Ills ability tu t"kro
pe~ullal rc..... pnn:.lbility fur his behavior. lie ha ~ Icarn~d 10 mlOinllu Ihl" imptlrt of :mthnnty
cont),as 11 nd h) I~rst"nstth'ily 10 cririci!;m OJ~ hi,\, bt'thll\'iur. He hnoS IcUfllI':U til u::.c selfllIonirorin,J.
and s{fo!ss reduction techmques to (.."upc WJ til dlfticulC . . i11l1l110115 '\ he~ c and othc-r 1'("I8.nitl' f'
behavioral strategiC's ha'H' rmprmrd hil' ahillty 10 :lSSt'SS luxl r(spund III It "lIncly ~,f situativns
murc cffectivdy .iJ1I.] ~dal'ti\'el)'. Ile would cllnc ntly appclll tu Ix: 011 :\ \'OUI~C tlull i~ wnrkinp.
"" ell (0." hlnl and hdping hiJl110 c~r3hllsh the srrucUlres h~ will m~cil \{J maintain It Illme
c.;uruotSolCnl po'Uten! of ~ood ludJ!c-lllent and :adaptive bdlOl.~ICN.

Sincerely.

1
2

t.

3
4
5
6
7
8

THE STATEBAR OF CAL ORNIA

OFFICE OF THE CHIEF T
L COUNSEL
SCOTT J. DREXEL, No. 65 70
CHIEF TRIAL COUNSEL
RUSSELL G. WEINER, No 94 504
DEPUTY CHIEF TRIAL C UNSEL
LAWRENCE J. DAL CE
0, No. 104 34 2
COUNSEL
ASSISTANT CHIEF T
DONALD R. STEEDMAN, o. 104 927
SUPERVISING TRIAL CO
SEL
SUSAN 1. KAGAN, No. 21 209
DEPUTY TRIAL COUNSE
180 Howard Street
San Francisco, California 9 105
Telephone: (4 15) 538-2037

9
THE STATEBAR COURT

10
11

HE

G DEPARTMENT - SAN FRANCISCO

12
13

In the Matter of

14

ZACHARYB. COUGHLIN

15
16
17

An Applicant for Admission

----)
----+-

18

The Committee ofB

Examiners of the StateBar of California ("Committee"), through

19

its counsel, Susan 1. Kagan,

eputy Trial Counsel, Office of the Chief Trial Counsel, hereby

20

submits its response to the

lication of ZacharyB. Coughlin ("applicant") for admission to the

21

StateBar of California, purs

22

The Committee opposes ap licant's application for admission.

23

nt to rule 682, Rules of Procedure of the StateBar of California.

In providing this resp nse, the Committee reserves the right to rely on additional grounds

24

to oppose applicant's applica ion that are not readily apparent at this time and to amend this

25

response as appropriate.

26

1.

27
28
/

) Case No. 06-M-13755-PEM

)
) COMMITTEE OFBAR EXAMINERS' RESPONSE
) TO APPLICATION FOR ADMISSION (Rule 682,
) Rules of Procedure of the StateBar of California)
)
)

POSITION OF THE

OMMITTEE

The Committee conte ds that the issue before the Court is whether applicant "is a fit and
proper person to be permitted to practice law." (Pacheco v. State Bar of California (1987) 4 3
-

Law in
Ca1.3d 104 1,1051.) Pursua t to Rule X of the Rules Regulating Admission to Practice

California, an applicant must be of good moral character. The term "good moral character"

includes qualities of honesty, fairness, candor, trustworthiness,observance of fiduciary

responsibility, respect for an obedience to the laws of the state and the nation and respect for

the rights of others and for t

currently possess the requisit good moral character within the meaning ofBusiness and

Professions Code section 60 O(b), Rule X of the Rules Regulating Admission to Practice Law in

the State of Caiifornia and re evaIlt case law to 'vvarrant his admissioR to membership in the State

judicial process. The Committee contends that applicant does not

9 Bar of California.
10
11

II.

COMMITTEE'SBA IS FOR OPPOSING APPLICANT'S ADMISSION

Applicant has the bur en of establishing that he has good moral character. The

12

Committee contends that app icant will not meet his burden of proof in presenting a prima facie

13

case to establish his good mo al character.

14

If applicant meets this burden, the Committee intends to rebut applicant's case by

15

presenting negative evidence f applicant's moral character. The grounds upon which the

16

Committee will oppose appli ant's application for admission will depend in part on the evidence

17

which applicant offers. How ver, the bases for the Committee's opposition include,but are not

18

limited to, the following:

19

A.

20
21

On January 23,2003, pplicant was arrested for driving a motor vehicle under the

22

influence of marijuana in viol tion of California Vehicle Code section 23152(a). On March 11,

23

2003, applicant pled guilty to

24

driving. The act of driving un er the influence of marijuana and subsequent conviction for

25

reckless driving demonstrate a plicant's lack of respect for and obedience to the laws of the state

26

and reflect adversely on his m ral character.

27
28

violation of California Vehicle Code section 23103, reckless

Furthermore, applicant s version of events surrounding the arrest reflects a lack of

candor. When reporting his a est to the Committee in a letter dated March 19,2003,applicant
2

i
/

Applicant did not update his

plication to include the following civil cases and judgments:

a. River Arms Apartm nts

v.

Zachary B. Coughlin, Washoe County Case No. REV

2005-

at 1 255 Jones
001396. Unlawful detainer a tion against applicant for default in payment of rent

for plaintiff.
Street #132, Reno, NY 89503 in the amount of $660.00. Judgment
Case No. REV 2006b. River Arms Apart ents v. Zachary B. Coughlin, Washoe County

5
6

payment of rent at 1255 Jones

000909. Unlawful detainer a tion against applicant for default in

nt for plaintiff.
Street # 1 32,Reno, NY 8950 in the amount of $720.00. Judgme
DBA Coughlin
c. Shipping Services, DBA Unishippers v. Zachary Coughlin Individually,

-8
9

Memory Foam, Washoe Cou ty Case No. RSC

10

applicant for non-payment

11

$5, 1 6 1 .00.

12
13

The omission ofthis

2005-000301 . Small claims action against

shipping services. Judgment for plaintiff in the amount of

aterial information reflects poorly on applicant's honesty and

candor.

licationtodisclosedef:=ault

14

3.

15

Applicant answered 'no" to the following question: "Are you in default in any way in the

16

performance o r discharge

17

order of any court or admini trative agency, including alimony, support orders and decrees?"

any duty o r obligation imposed upon you b y decree, judgment, or

18

As set forth above,

money judgment was entered against applicant in all three civil

19

cases. To date, he has not

ade payment on any of these judgments and has not updated his

20

application to disclose info

21

reflects poorly o n applicant s honesty and candor. The failure to pay debts reflects adversely on

22

applicant's moral character.

ation about the defaults. The cimission of this material information-- .-

23
24

Applicant last provi ed an employment history update in May 2004. From July 2005

25

through December 2005,a plicant was employed as an associate at the law firm, Hale Lane. On

26

December 2,2005, applica t left this employment under circumstances that were not amicable.

27

On April 28, 2006, the pa

28

Applicant did not update h s application to include any information about his employment with

es executed a Severance Agreement and Release ofAll Claims.

-4-

Hale Lane, or the reason for leaving that employment.

The omission of this material information reflects poorly on applicant's honesty and

2
3

candor. The Committee reserves the right to amend this response in the event that the

Committee discovers, in the course of formal discovery, that applicant committed acts in relation

to this employment that reflect poorly on his moral character.

5. Failure to update address

Applicant last provided the Committee with an address update in September 2003.

Thereafter, applicant maintained an address at the following location: 1255 Jones Street #132,

Reno, NY 89503 ("Jones Street"). Applicant did not update his application to illclud'the Jones

10

Street address. As set forth above, the unlawful detainer actions against applicant were filed

11

based on applicant's failure to pay rent at the Jones Street address.

The omission of material information from his application reflects poorly on applicant's

12
13

honesty and candor. The Committee reserves the right to amend this response in the event that

14

the Committee discovers, in the course of formal discovery, that applicant committed acts that

15

reflect poorly on his moral character.

16

c.

17

When reporting the arrest for driving under the influence of marijuana to the Committee

Applicant's misrepresentation and lack of candor regarding substance abuse

18

in his letter of March 19,2003, applicant failed to disclose that he had a problem with alcohol

19

and instead stated: "I started drinking alcohol in my early twenties and have never been more

20

than a social drinker." It was not until the informal conference on July 8,2004, that applicam"

21

admitted he had a problem in the past with alcohol and was member of Alcoholics Anonymous

22

since January 1, 2002.

23

By stating that he had "never been more than a social drinker" when applicant knew had

24

a problem with alcohol and was, in fact, a member of Alcoholics Anonymous, applicant made a

25

misrepresentation to the Committee which reflects adversely on his moral character. By not

26

disclosing his substance abuse problem to the Committee after his arrest for driving under the

27

influence, applicant demonstrated a lack of candor.

28

III
-5-

D.

an Authorization
of the application process, applicant provided

\
\

Assistance Program of the

Information which allowed the Lawyer

..;;

about applicant's
to disclose information to the Committee

State Bar of California

participation in LAP. The

lLoa,.IVU lapsed in June,2006.

In the letter of

On April 7, 2006,

determined
vised as follows: "The LAP Evaluation Committee has

'

""" ., 't, . ,,

;:

"'-

10
',
11

r1t
':"'-'<:'_.\}'
' '
for a new LAP authorization
caracter,c nsel for the L1Oimrrl1tt(e has made . teral requests
,
,
r

g applicant's termination from LAP.

l!.aLllV rcumstances prroun
form in order to in

li
,'4.;

<;

13

'('(;"

'?' '

Applicant has faile

In 2002, as part

. -' "."

-,'

"

" "

<ijfi
'j

te requested LAP authorization form.

'k

;:

applic ation process,applicant provided the StateBar with a

The report is used by the State Bar to investigate whether an applicant

14
15

.e

,,<"

',y r

12

A..$part ofJhe investigation into applicant's moral

Uf.l,I:i<U,.UUVI abuse;"

gained i

has a criminal record.

16

years have lapsed since applicant provided a report to the StateBar.

investigate whether there have been any changes to applicant's

17

criminal record since

As part of the investigation into applicant's moral character, counsel

18

for the Committee has

several requests for a new fingerprint records report in order to

19

investigate applicant's cI1mlnal record. Applicant has failed to provide a new report.

20

Applicant's

to comply with the requests to provide a new LAP authorization form-,

21

and fingerprint records

22

moral character.

demonstrates a lack of cooperation with the investigation into his

23

Respectfully submitted,

24

THE STATEBAR OF CALIFORNIA

ICE OF THE CHIEF TRIAL COUNSEL

25

(I )

26
27

28

Dated: December

I\

2006

\1'* tlJ----

By: V vy
'-SH-S-'JtN I. KAGAN

Deputy Trial Counsel

-6-

2
3
4
5
6

the age of eighteen (18) years, whose business address aqd place
I, the undersigned,
of California, 180 Howard Street, San Francisco, Califorijia
of employment is the State
to the within action; that I am readily familiar with tij State
94105,declare that I am not a
collection and processing of correspondence for mailing with the
Bar of California's practice
in the ordinary course of the StateBar of California's practice,
United States Postal Service;
correspondence collected and. orc)ce:ssea by the StateBar of California would be deposited with
I am aware that on motion of party served,
that same
the United States Postal
meter date on the envelope or
service is presumed invalid if
,",v,UI>a.u J
the affidavit; and that
_t"amCl proICe;SInlg of

_"'oJQll

Francisco, on the date shown

13
14
15
16
17
18
19

Zachary B. Coughlin
945 W. 12th Street
Reno, Nevada 89503

in an inter-office mail facility

ly maintained by the StateBar of California addressed to:

N/A

I declare under penalty

foregoing is true and correct.

perjury under the laws of the State of California that the

ecuted at San Francisco, California, on the date shown below.

20
21
22
23
24
25
26
27
28

DATED: December 11,2006

SIGNED:
------ ---------.- '
' .T
- ra
'
r
ba
B
ar
A
P
e-rry
Declarant

f\lH) ~

CONF11lENUJl

/lUG 0 7 2000

1'(~ llr.,on o r

STATE BARCOIJRiC\ l - '(''S

THE STATE BAR COURT

OF THE STATE BAR OF CALIFORNIA SAN FRANCISCO

HEARING DEPARTMENT - SAN FRANCISCO

(,

rJ

Case No. XX

thE Matter o f

()

Za c h a ry Co ughl i n, Es q_

10

.
,,

0 G- M- ,. =$ ~ 5

REQUEST

Mr r 1 Charact er Pe ti ti o n e r

FOR

DET ERMI NAT ION

MORAL CHARACTER (RULE 681 )

12
,l

'4
~~

16

ZACBAR{ COUGHLIN appeals the adverse determination of moral

- )c t

by 'T' he Corrunit t ee of Bar Examiners and requests that

"r

)7

r~urt

18

r:::h.c:;,r lctl?r.

19

20
21

.nitiate proceedings to determine his positive moral

Petitioner further requests and extension of time

Jubmit a pleading directed to the specific factors cited by the

('onmlttee "including Petitioner's 2003 conviction for Reckless

Dri"nng,

being disciplined while a law student by the Universi

r.f Nevada , Las Vegas ; lack of candor; failure to satisfy the

22
23

of his abeyance agreement with the Committee and generally your

establish that he was of good moral
Bee attached Exhibit "Au, Certified Mail
Director, Moral Character

Bar of california.
Page 1 of 3

I"

/1,

I,

"

I,,,.I".~, "" ",l1lr""'1 In ,~, 1- /., S~~t10tJ

"

I,

I '.'

... I

/ t' t

1'.01 HI,188 "!ll' , ... in" AflrrofU,I{Jf! to Practice La'l{ in

, ,r . It 11,

1fa)-lb) Mor41

I.Itrl""J,I",(1 f"

"

Mn" 'b 'i,

I t)() c,

H
'I

II

II,

PetitlOn'E:r'S pre';ious

Ii

.t

1""tt""

,}

W,I'It

,4

' .. lrl ",..

I'
1(,
1/
l~

"t(,,,d, ./~fr,r'(~

J"

t1
"

find

'-OQIJ,

howr.!ver

Petitioner had moved

d~PJpit.~ fillng a Change of Address

f(:

J 1 ~, JrRunr.t

.','

., .

IrTlO

t (, Mr

h I" f'tl,)n'1fJ of Addc(I;!ss,

Petitioner swears to have

;n r 1')1I~ ~lrmdmit:t to July 20 th , 2006.

Pis},I':, n

te1'll-'fj(111"",

.tKlll'
,r

'I

J.'1~tJ Ctll Wit icn ,.. 1 the Committf!e' 9 Determination until on

~r "~Jf0!3

~i

.lA

;;'()f)("

'I

ttl tJlfIt thlll,,,J l:tatt"t11 1-'Ofltr"lJ Gr~rvicl!', and despite receiving other

"I",t 4'

/.1

Mill

u'loe

Es'1' dull mailed a copy of Mrs.

'II

r', ' 81 J
II

rft,m

f1.9hHn,

by

Petitioner.

No

whether via

Fishkin and Petitioner,

1, or din:ct mail was made between Mr.

0f Mrs. Lawson's letter and Petitioner's receipt

I... mHril" lett r.

J"irJ#'dt

rnade at this time

hl!!tw"'en MY,

,.rM:j

l~r;"Jpt

'Nag

A telephone

~etitjoner

seeks leave to submit a sworn

,ft.

lJt lUJt inr] tr.... Lh~ gtatements included her

L1

"'I"st 1, <006

(_

fr

"

Zach<yry Coughlin
zacWary B. Coughlin, Esq.
945 W. 12th St.
Reno , NV 89503
(775) 338-8118

page 2 of 3

1.">9 IItll:lf
r .1",10: 1,1 tt", f,l~d" 'In( (..'Juri

111(1 H'mmrJ [;t",."

;u, I t ."r./fyI/i. (.1\ (J41(J!;,

rIniltR MIJ'~t,{ I.MWV.Jf'1

ImAl.lr"

MIlt 111

rAHJ(W,tlJr [)~ll)rmlnabonlJ

( .. r,mrnr!lN (If lIar Flaml"",. of the Slate Bar of California

I tJ"'.ftlr~ und", penatty of purjury under the laws of the Umtes States of America that the
'1\ IWI) and correct, end that this declaration was executed on August 16th, 2006. The
IIpplicAtjon 'NOI" Mnt VI. Untted States Postal ServICe Overnight Mail on August 4th, 2006. Please
~
"tI;tcht:9d photocopy of the receipt fo, this mailing from the United States Postal Service.
'tlfftQfJlnq

It,.,

(,'

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,jl W"" "r.

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, '" . . . M'.'., . ., .....

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................,.
1

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I..t,_

~ J, t t(-:rW",I<.:' .
lo!;M,: ,,_ ~I""l

VIA CJ;RTIFII;O MAIL

~~rom" FiShkin, Esc

3Gf) Pi no Streot, #6~7
San francisco, Californ ia 94104
Re:

Zachary Barker Coughlin

Dear Mr. Fishkin

'>-'-o~a

N til. 'R\lir z

'"
l4n PN"G
'-.! Kt":'..;.~.I' ) R!:' :

~.IIB4oc-Ir

" r.:::

-' !:"~.

~"L':':::;"

HAMITER
iflf6fln
SnEE.i 1M

s.rca...DI(O

_r,:1I

WAl.-. Ac.H
1m Alf6da

WEINBERG

liP FroNueo
~ A....

t..._

d,,~~s
a~TissGc

'~. ~:;;~_,,_

The Committee of Bar Examiners of the SIa:e 8a":;<

ICv--'::3s
has completed the processing of JOUr
J'opi.ca'w
of Moral Character, and I ha'ie been d 'ectec b a-:t .. s;; __ :_'" ._"
Committee has declined to recommend nis
a:i"'" Seo''''"'''' ':00.of California. This decision was reachea a':~." co,s;cs",..c~ :;" '2::'..',),;
Including your client's 2003 conviction for Rec;.-.ess :l'"'~.g. :oe'~ :~: . "'"
while a law student by the University 0' t.e .. ada. Las / eg;s a:- Z :G?:::;
failure to satisfy the terms of his abeyance agree'1,,: .".:' :i"~ ..;;,.-_ ~"e
and. generally. your clients failure 10 estab!,s: :roE: ",; :!::S g'
character as required by Seelion 6060 0 ,. "'a Ca (G a . .:;;",.::.~ _~ _
Professions Code and Rule X. Rules Regu/aun9 J,rf-n.sSJO.o,~ _.o. __ w
in California (Rules).
r

t:::.-';;::;

'5.. YOCHELsON'
to.~/cs

DONALD W YOO

"""'" "'....." ' - SI6ff

',J" VU . MURPHY
~

AiIMJ#iotU

..

KJHN R. RDDIUGVBZ

Under. the, provisions of Rule X. Section 5, your Cia-: -oJ 2;)J--'" ::-5
Committee s deCISion to the State Bar Court. In oree: to a::~ ::-.s cecsC"
your client must file an application for hearing ar.d a OO~, 0::" S5::e',,:";,-e
clerk of the State Bar Court. within 60 days of the ser.~ce o':rs "::,;:;e c;:te
Committee's final determination. The appl icatio~ aco a ceo, c'~".se=e'l"; .5:
be accompanied by a filing fee of S100 in a check :Jayac'e:o :~e Co;;-~.:::ee
of Bar Examiners. The application for hea~ng !S a sno:: ;Yeac _~ c-a::,,: ~ y
your client.

Bar

has two locations: 180 Howard. S:r~: , S~: ~;;;J?,.~::::

and 1149 South Hill Street. t:" '.ocr, .vS _~~~t"e~

Ro:

Zachary Barker Coughlin

A copy of the applrcation, should your. dient choose to file It, must be served on the
Committee through the Office of Admissions at 180 Howard Street. San FranCisCQ
California 94105 and on the Office of the Chief Trial Counsel at either 180 Howard Street'
San Francisco, California 94105 or 1149 SOU1h Hill Street, Los Angeles. California 90015:1

In the event your client does not choose to appeal the Committee's decision in State Ba
Court, he is eligible to file another Application for Determination of Moral Character tw
years from the date the Committee made its determination.
A copy of the Rules is enclosed for your clienrs use.

Debra Murpny fl..BlAlSon

Director, Moral Character Determinations
Enclosure

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Named Part)"s Counsel b~

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t ,.n Person

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r J Telephone
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',,'I I,': d..!It.:(:-.) certain fonrial as 10:
Culpability/Discipline:

: Court (tolal)

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t, (

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r ] Telepholllc Apr I I k "lciC 1- e II. cc ;::=., fY1
')!a[,'mt,;ill Pmpo<;eJ E:dlibits Om;- _Y_ da~s before Pretrial Conference pursuant to Rule 1223 and 1224. Rules of Practic~

, . " t,

I'::

~,)I.1tdJarCvurt.

~'I ~hall

Aplll

It',

)C(l"t

L'onfel in person or by telephone and report on the possibility of compromise at the next conference.
conference h!!ard by u judge other than the trial judge.
1
[ I Tel!!phonic _ _ _~~_~_---,_ _-,--_---,_ _ _ _~_ _ __
0rj~in~d and Llnc ..:0r~' of settlement position statements in letter form are due five days prior to the scnlement conference.
',Jlwn iLl he tileJ by ________________________________________
mt'l.'l IIn,J

" r.-lr1I~~<' ", .dn; !l1~1J right 10 haw the settlement

!k':n~'nl Conti!t':llce:
f In Person

murt.:r IS r~'lerr~.'J II' Ihe Program lor Respondents with Substance Abuse or Mcntall-lealtb Issues. Status conference scheduled
Pr,'gr.lm Ju,lge on __
at
with
This will be an [ J [n Person [ I Telephonic status conferencc

Ends EXlt'ndcd IO.,-,-;;==~=;-::::;:::::;m::;;;;=::::_;___;_r:::=~=-------------Trial Counsd: [ 1RespondenVApplicanl.lPetitioncr: l I Court for: _ _ _ _ _ _ _ _ _ _ _ _ _ __

See "Other", bdO\-\'.

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t-''' L
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) Sl'BSTIIUTION OF COUNSEL

! .,,-. H \R) H COllilH I'..',

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n\\\I~\' that SLS:\"\ I

K.\li.\:\. is subslilUlcd in place of LAWRENCE J

DAL ( l RRO J,S l)..::r ut ) [: lJllllUllst:llJn

bl!h~\lr of thl! StJtl! Bar of California in this matter

Respectfully submltled.

THE STATE BAROF CALIFORNIA

OFFlCL OF TilE CHIEF TRIAL COU1\SEL

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:~ ~ [)-",."" ~cpl.mbcr 7, 1006

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BY:~~~
(\'~Islanl Chief rna\ C~'\'I1l,d

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i.crrcr fSuft: ttlr. datt.'tJ 11,21 '06. ll)

ljlphwnt

Lettcr of Slate Bar. dated 1/3107,10 applicanl

",th cnclosW"C

Audio Tape of InformaJ Confanlnce on 718104

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0I

Judlttilly
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rna1 DUle: ~i8- S, 10, 2(}(17

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Applicanr

(asc ~amc: In

the Mafler ul /;u.;llt1ry

B. (.wgbJin
, Patrice F McHruy

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IJ"Krillll.m

UJelKrl1H In decl.U u"na ""..tUl1rnlll.m.', 1y,,,',

r!

.4

p." ...,',r rh ... "

('eni tied (:opy of" ran',cnpl /,1 I'urn/ill

Hearing' JO ]!1 /t)2, Before the "Zevadil "itate
Bar

J (CTtlficd Cupy 01 'I ran'impt of hmnJlI

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Hearing on 6/21 ' 02, Before the Nevadrl Stale

_1 BM
r H.ecords o)f the Otlicc I)f Admiosslon!l of lhe

WI) ,

State Bar of "iev:lda; f( l!t;ord'l uf Supreme

f'H~

Court of (he SLaie I l f N{"VlOtb

I~

- - -+--1---1_
Stare Bar letter dated 1,.7103, to Ncvadu SU1(c

Bar
I'

LpdalC 10 Applkalion fi)r Adml'isiun In State

Bar of CaJifilmra, dated 1/CJ/()3 (five pages)

.,

1.,,;,,

Moral Character Recommendation of William

S. Boyd School of l...<1w A'tSUCli.ltc Dean. dated
213 '{jJ
Lpdate to Apphcalum for AdrTIlSSlClIl 10 Stale
Bar of Californ.a, Ilatcll 2/23/03 (two page,)

20

I Lc!ter ofSrate Bar, dated 3/5/03, 10 applicant

21

I Amendmenr ro AppJication, dared 3/19/03,

ulCluding arrest reports in coMection with
applt<anl'S arresr on J/23/03 (fourtAlOn JlI8OS)

22

I Lener of applicant, dated SI14/Ot to . . . SIr

23

''-ofS..,

....

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)

Ca'"C Nalll\.' In Ihl' t-.1.LIIl'1 olZuch,Lry

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Heunng J

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1(1 (4I/ f't I'
('ast: Adrllllllslrutor:,I...'I(
J...l.lu~i~hiK~

I' t\1

Ina! Dutc: S/gSII 0, 2007

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24

iclh,:r or Stilte Bur (If ('ali lorlllU. dah..-o I) ,'H U,

Itl ;jppl kant

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LlpJatc Itl Applil..:atwn Ii.n AdmiSSIOn to Stille

Bur of Culliiml1t1. dilted 9 15 '03 (twu

It

Utnlrd

\\-lIhdflwn

__+-~

onglnals)

,,

l.cHer tIl' arrlu.:ant 's counsel. elaled I 0/31OJ, 10

<;tatc BOIl'

l.etlcr (, f Stllc B;u dolled ., '22;(}4, 1(1

;lpplic.anl's COUllsei

}/ 7

later olStaW Bar. dah:d 5, -1'04. 1(1 uppltcant's

,,;ounsc!

i-C1tcr (.r Jpplu.:an!'s

~tlLmst:l.

uah.'<1 5/10:04, 10
State Bar with c:ndo'iurc (n.:port III' Rllbcrt E,
Hunt .,-, Ph,D, dilted 921 '(12)

7
7
C,il.4, 7

leth..T \)( Sl<Jtc Bar of Ncvaclll (lilloo 5117104, to

State Bar (I(Calitflml<J

ldter tlfSlalC liar. dated 5/27/04. to

applicarU', coun~cl

J2

LJpdate to Applicalion for Admistion 10 Slale

a. of CalifOrnia, dlllOd '131/04 (four.,....)

JUdld.II~J
"tlllctd

Case Name: In the Matter of Zachary

B Coughlin
Patrice E. McElroy

Page 4

Case Number: 06-M-1375S-PEM

of "/

Trial Datc:5.:&-s, 10, 2007

4,,, 'l~ (! ,,<1'-(, , /

Case Administrator:_L.aiR~ ~,

( ftSl' N.UllC:

In the M'lller of Z.nchury

B (\lLI!-!hlLn

Juligl.': Ilutricc E. McElroy

- f:lhlt,lt
'11.,1 ("tI .. r

Pag!; 5

Case Number: 06-M-13755-PEM

.&.~. ,TI-. (! ;.,."
Case Administrator: Laine Silber

Trial DalC:S/8_S/ IO, 2nOl

Ol'l>crllltlo11
(1)I'\crlh(' In dNIiU u~[n~ document nllillC, t)pt',

dal(', 11\1mh('r 01

[11t{:U,

or chk 1Iumber)

4(,

Leiter of applicant' s counsel, dated 515/05 , to

l.AP with enclosures (revised draft of LAP
FVJluatioll Plan)

47

Lt!I1t!r of applicant's counsel, dated 5/ 12/05, to

Stale Bar wIth Exhibit II

IS

J.cttt!r of applicant's counsel. dated 6/ 10/05 , to

LAP with enclosures (Authorization and
Release. signed by applicant on 6/ 10/05 and
Authorization For Disclosure and Release of
Inl(mnation, signed by applicant on 6/9/05)

49

AuthorizatIOn for Disclosure and Release of

Infllmlution, ex.ecuted on 6/24/05

50

of

Identified

AdmiUcd

Denied

Jlldltl.lIy
Notlctd

WlthdNl",u

lX/o 7
07
1

07

I Lawyer Assistance Program (LAP)

Notification of Enrollment, dated 6/30/05

51

Letter of applicant's counsel, dated 12/20/05,

to State Bar

52

Letter of applicant's counsel, dated 216/06, to

LAP

53

Leller of UN LV Studcnt Judicial Affairs

Officer, dated 11/27/01, to applicant

54

Letter of applicant's counsel, dated 5126106, to

LAP with enclosures (report of Alan Wong,
M.D .. dated 3/27/06, report of Majuabid Rasul,
M.D., dated 2/15106 and report of Oliver
Oeskay, Ph.D., dated 12121105)

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CONFIDE!', .1AL APp

Do not I.. ,,""
LICATION AND QU",dTIONNAIRE
y questions blank

SEeTION I

TlONS MUST BE TYPEWRITTEN 0

SEC URITY 1/
<OCtAL

unle$ you are Instructed to do so.

- BACKGROUND INFORMATION
R LEGIBLY PRINTED IN IN

q.
'8 b
2. , r ----_Lf3(fO

K. STAPLE all anachments to the back of your application.

0r

A.PPUCANT TYPE (Please check one)

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General Applicant (not admitted \0

_
ID anolbcr jurisdiction)
{lraellce law

Afeyoll

In

In

gmd Standing in your jurillliCliOD(~~)D

Ifdlst>arredorsuspendo:1 ),ouaremlel' 'L,S).

Yes 0 No

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....

Year

ornCf USE 07'(l.V

EP 2 8 2,):'.,iJ,!
1

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1'

l Rules
Re,ulali'l, 19lu
V, . oK\:.\OIl .... L
u of the
Ad e. to. 6Je an{f@'licatimr"--M&,uT;tDr LJ<:lermllBUOn of ~ol;1 CIu'lcler - S'
p
"",lp~I{l!OBAR EXAMINERS
APPUCANT'SFULLNAME
illS ANGELES OFFICE
<'--"

1'0

D.,

~~~~WrOO

rr,_,- , _

Attorney Applicant (admined to

__ ...
. ;~.... .
.... -. ICC a.....
)...,....er JUr.....,lctlon AND in GOOD STANDI

DATE OF BIRTH

m,,,,,.."

FilcdL_ _ __

~Ie

Year

Momb

DETERMINATION
Cleared b~.

'I-I-l-/',...r

lasl

(Sigmtun-)
Date Ck2red: _ _ __

Middle

Heanng Date _ _ __

:~

'-tAILING ADDRESS

I:

It is lilt applicant's responsibility 10 inform the Office of Admissions in wntmg of

any address changes. All correspondence will be mailed to curreru mailing
address.

u l! Street Addressor P .O. Box (include apartment number. ifapp Hcablc)

Address Continued (if needed)

s,"~ v'

?, 5 Vej C\.S

"
I.'

U S. City (or No~A C ily and Country)

,7.
DAYTIME TELEPHONE (~.!=.-J ___ U _ _ _ -- tAnswermg n:aclunes acceptBlje)

310

Zip Code (U .S.)

.:"I

2!10
v
- ---

APPLICATION FEE
See instructions for proper application fec
' A p p l i c a t i o n will not be deemed filed unles~ the .
,rr+J./ v6",...f--/~
properreels~nc!osed.N.~- I.-.. ... \.. d.~
F:.!t.er'sFull Namc __I_'I_~ _U~---- "
..c:t..S PC1{~--c""")1 c.~u.-k,. Y''e+...l..<.. b;..r

10

<l.i lif"LMdofL I>.Mi:.K.e.

M/;,tber's Full Maiden Name hJ.:L--':"

----1+

I S\3~}--'-'~~1
.

L11

Spouse's Name _ _
,e ifdifferelll)
(Prior 10 marna

BIRTHPLACE

TOTAL ENCLOED,

('\ I K---------

I ,

Decision" _ _ _ __

____

-tdk~-------~ Coulltry

DRIVER'S LICENSE
California t: _ _ _ _ _ _ _ _

ID C3rd~ -::~~-:_::_-----
Nl!c:qber and Stale
Other Slale: NV
~ 2.0 Q
Number and Slale

1]$""00'8

City or Town
I.,

trUCU'ons)
I AM A PPL YIN G FOR (Refer to Ins
. . of Moral Character
Deteraunal10n
Applicalion ror
.
f Moral Cba'leter 5ubsequent
min3IL0l1 0
_
.
, Chancier Determ1ll3uon or
, - .!ion for Deter
A PP1C
.
eMor3
_.10 Receipt of an AdvefS X f the Rules RegulotUlg AdmISSion

Rule

OFFICE USE ONLY

Fing<:lI"Jllinu
Number of c~bmilltd:_

Process
F

1-

DO

Withdrawal un er C Ji/orn ia (Rilles)

to Practice Law 111 a

I
5

(lCI

FORMER NAMES. Have you eVer been kn

OWn by any tl1
If YES. provide lhe errec,,ve d
ates do e r names? ......... . . . . . . 0 YES r.v1t..
by court order, attach a copy t
an the reason for th h
..oa 1'10
use. please so staR!. If the ch 0 the application. If aChe c ange of name. if a change was made
ange Wa
ange was made s ly b
and be sure to complete FORM 1. s made as part of a di vorce proceedmg,
. Impreferytoassumption
and
Ques.ion 11.2
A.

Last
First and Middle

Dates:

From - - - - - - - -____ Th __________

Reasonforchan~:

_________________________________________________

B.

Last

Firsc and Middle

Dates: From ______________ To _____________

Reasonforchan~:-------------------------------------------------

c.
First and MiddJe

Last
Dates:

From __________________ To ________________

Reason for change:------------------------------------------------

REGISTRATION (A separate form is required.)

Please see Rule V of the Rules Regulatirlg Admissial /0 Practice Lalli in California (Rules).
You must eimer file concurrent1y or have previously filed a registralion form with the Corrmiuee of Bar Examiners
(Committee)
Please check tre applicable box.

~have

previoUsly filed a registration with the Ccmminee.

Name under whi;h you registered if differem:

O

. . ,,on fonn at (his time.

I am submitnng a reg 1srra

HA
VE YOU EVER A

EXAMINATION?

PP~l TO TAKE A CALIFORNIA BAR

0 No

Yes

~ Wh~
h ou last awliNL\
.
--J.,-oGJ L..

. .
r
IIf YES givedateofexaffilnaf.IOIl 0

'

Date of last examination applied for -

lJ iff
Mon

200L
Year
a

........... Q.

EDUCATION

Indicate all coll

ege- \evc\ an d graduate instJu .

CllOn (Rule VII. Section 1 of IheR/lIes).

Name and Location of SchOOl

From
Month/Year

To

Date of Graduation

Month/Year

Degree or Units
Completed

I f/iAL EDUCATION. I n d"lCate all law scbools attende

lr.,Jud..: correspondence study
and law ff.
d even .,f you do nOI claim credit for the law study completed al each school

o re study .

Dates Attended

"{anc and location of School

From

To

Month/Year

Month/Year

Dale of Graduation or
Anticipated GraduaUon
Montb/Year

Degree or Units

Completed

.()

RESIDENCE HISTORY Slale Ihe address of every residence (incbding the present) that you have had in the last eight (8) years
comm~ncing witb your present address. Provide the addresses for your actual college and law school residences if these addresses
I .

within the eighl-yearperiod

'l.OORESSES: Please re-enler dale of binh

Month

Z 7-:? -JVt
Day

Year

From
City and State

To

Zip Code

Number/Street

(, U ~
.

MORAL CO

SECTION II
ARACTER INFORMATION (Rule Xl

_k:a11t has a continuing duty to u date i

',
Ijl\llication wheneverthere is an add P,
n Writing responses to questions under tre moral character
ilIon to or change m mformation previously furnished (Rule VI, Sectiol

'0
;.;k-~=g"'-"C:~V\S,-,W~~t..>~G~I!:::::':!:..f::::/~0I-~~________
"7

RE ENTER FULL NAME

22 c

SOrlAL SECURlTH

REFERENC~

??(; q:) 0'0

EMPLOYMENT mSfORY
,,:

LlSl below your current employm ent, regardless of Ihe type of business, occupatioo. profess ion or length of lime e mployed. If
presen~lY eOlploye~, please so indicate. T hen list, to the best of your recollection , all OfYO UT employ mcm which is/was law-related i
your eighteenth b Iftbday. Le gal internships and exter nships should be listed. A Iso list, to the best of your reco Hectic n, all of
employment. businesses, occupations and professions which were not law-related but lasted longer llI an six (6) month s s ince
eighteenth birthday. The list should be in reverse chrono logical order, beginning wilb tbe cu trent or most recent e mployment.
ne reason for leaving if not currently employed.

Please make certain that all addresses are current. If the company or business no longer exis ts or has merged, eIC., please so
~r..t1ica t c.

If you arc aware tbat your former super visor is no longer with tbe compa ny or business, please prov ide the
current address in addition to the address of the company or business.

~perv i sor's

tr , ou have nol held any law-related employment , please place an X her e:

NOTE!

For periods of self_employment, complete page 6.

M ME OF BUSINESS
SUPERV ISO R

IA-~,<I.-lo I
I

STREET A D DRESS

~5

CITY
Bu s ~es s

From

Not

curren y

\JJ,

edt'">" 10,jo v"""

V-e~CiL-2

STATE

YI/ IJ
__

(].O2...: '0 70 2H 00.,0"' Po,ition ~

~

Telepho

.. v "--<:.

w7bY~

~.2.---

- - - Year

elIlplOyed.

r PREVIO

\., ~","$e""""'"

" " _ of dJDC em.ploycd - FroID:

ug!EMPLOYMENTI

{-jQ.v<> V"'

"'6""-

Year

Year

NAM.: Of.' BUSINESS

SUPERVISOR

0'"

CITY _ - . :

B,,'om Telepho",

(2.Q3 ) -..::,<;J I 93'OL

-

l<!Dgth of time employed - From:

Reason for IU"ing

:3

l.!.

t- JVf'Q

MOnth

0 I

'2J

&.:

(9 'l r

YOur Position

Year

I!(,,)"\...::'

"IiAME OF BUSINESS
SrPERVI$OR _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
STREET ADDRESS _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY _ _ _ _ _ _ _ _ _ _ _ _ __

STATE _ _ _ _ __

Zl' _ _ _ _ __

Your Position _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

ausiness Teiephone{ _ _-.-;

Length of time employed - From:

To:

Month

Month

Year

Yea r

Reason for leaving

/l\A'U: 0.' BUSINESS

SUPERVISOR

STREET AD DRESS
CITY _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____

STATE _ _ _ _ __

Zl' _ _ _ __

Your Position _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Business Telephone ( - - Length of time employed - From:

To:

Month

Month

Year

Year

Reason for leaving - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NA'\tE OF 81JS__'_N_E_S_S_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

St1PERVTSQR _
STy-EET AD DRESS

CiTY
BUSiness Telephone (

STATE _ _ _ _ __

_1----

Lenltl: of lime employed - from:

Reason fot leaving

Month

Zl. _ _ _ _ __

Your Position _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
To:
Year

_~

_ _ _-L_ _ __

Month

Year

0 IF CONTINUED ON ATTACHMENT,
CHECK II ERE
..
h positiOn all of the Informallon requested above.
Include for e~c

I[

SELF-EMPL

A RESPONSE I
Hnt you ever been in business for

OYMFNr

S REQUIR ED TO BOTH QU [STIONS.

YOUrself? (If YES ,set below)

Hive you ever been SELF-EMPLOYED

.
it';

"If

an 31lOrrey? I'
nf YES see b clow)

~,

=--

DYes

2Hfo

YES to any of lhe above questions!

' .
P case mdlcate bah b
TUmc and address of a per!Cn other th
t e name and address of the place of empJo~men[ and the
an persons rdtlled 10 YlJ u by hlood or marriDge who can verify such employment.

M'IUNG A DDRESS (continued, if needed)

ern' ___________
&lS!NES~

- - - - - ---------------------------STATE _ _ _ _ _ __

PHONE ( _ _ )) _ _ _ _ _ _ _ _ _ _ __

ZIP _ _ _ _ _ _ _ _

FROM _ _ _ _ _ __

TO
Month/Year

Month/Year

~':LRE OF BUSINESS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

------------------

\r)tROf1TIES

----------------

VERIFYING REFERENCE FOR SELF-EMPWYMENT

LIST PERSONS LISTED AS EMPLOYMENT OR PERSONAL REFERENCES ON PAGES 4, 5, AND 7 OR PERSONS

m'.TED TO YOU BY BLOOD OR MARRIAGE.

NAME OF REFERENCE _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

MAILING ADDRESS _ - - - - - - - - - - - - - - - - - - - - - - - ~AILING A DDRESS Continued (if needed) - - - - - - - - - - - - - - - - - - - - - Zl' _ _ _ _ _ __

STATE _ _ _ _ _ __

CITY _ _ _ _ _ _- - - - - _ _ _ _ _ _ _ _ _ _ _ Telephone {
Occupation

Length

or time known

_ __

_
CHECK HERE 0 IF CONTINUED ON ATTACHMENT

lOS

PERSONAL REFERENCES
SIJle Ibe full names, compleleaddresse ('
,
'bl'
S inCluding flOor and!
,nJ l'C,POIISI I: persons who know you WeI] AT
or suite numbers and ZIP CODES), and occupations of five reputable
jurisdiction and only one may b
I
LEAST ONE of tbese persons should be It member of tbe Bar of any U,S. or
e a aw professor f
rom whom you have received instruction.
,on:: DO NOT INCLUDE persons wh h
or persons listed as empl'yme 0 av~ only casual knowledge of you, persons related 10 you by blood or marriage,
m or venfYlII, Tefe rences on pages 4-6 List
. one address only for each reference. Please
make certain tbal all add

":~:' '13:;"~;;' &:( .

" ' ' " O' REFERENCE

'f ,""lUNG ADDRESS

V-.e <) 4 +eo

tV

MAILING ADDRES;1"'",d fif "".d)

'-Q

A.

CITY

STATE _ _IV--,,---,---,-__

O',"P"i'"_~~_
r\A~E

_LnLength

ZIP _ _" . -_ __

of time

~nown~(1b~

OF REFERENCE

MAILING ADDRESS
MAILING ADDRESS Continued (if needed )

Q 'fc/\P

CITY

v\t LI

STATE

ZIP

M5U 2

O,,,P""" ~2h~~d:: Tel'Pb,,,,1 I ~ ;,:i~:;,U:6':;;t",,, ""m. k"ow"R~~~

miE OF REFEREm
MAILING ADDRESS

Ir kV~~/;tk=>

I) .J"-,''2

l!ez5 9

,
OccupatIOn

"\ \

SJ

STATE

00

HV

MAILING ADDRESS Continued (if needed)

CITY

'2

---

ZI'

Rlll.,,~

V~T'I'Ph,".(U'2,..--..n2.-~"''''''';m'k"OW"_2-~i45

~----

tzar

W
~ s F~
"j/{.LI::t!:L~-"~~-.J'-'oU~--"'''-'-''''''='''''-------------

"ME OF REFERENCE
MAILING A ODRESS

~. I

MAILING ADD RESS continued (if needed)

Q~

STATE

)\",,:-.L

ZIP

~ k.i;ePhoneJ7~ =~ '8 U Cfi.ength. of time known

O~"P''''"-'3~(0c -:-~-:"
T:"'--" C",Yl {" \ w-=:"
CITY

" " ' . OF REF.R.NCE

MAILING ADDRESS -

~ ;,

~-Q..e~~V ~

~-~~

CREDENTIALS AND LICENSES

Have you ever appiled
ad
. f or (or applied
. for and then withdrawn an application) or held a rIce nsc for a business,
de \'IT profession,
Ot h
er .l . n as lion Ollorney at law, the procurement 0f Wh'It II rC""ired
'1"
'
.
proof of )go
n'araCler
.
andlor examination
, {e.g.,.
ccnlfied public accounlalll. patenl praculoner,
,.
or rea IcSlatebrokcr.
f YES. provide the following information about each liccl'llc.

DYES

ISSllJNG AUTIIORITY _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
!o.~A1LiNG

ADDRESS

.=================

MAILING ADDRESS Continued (if nceded) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

STATE _ _ _ _ _ __

CITY

Lkense or certified as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Dalcs From

LLcense or Certi{i:alion 1/ _ _ _ _ _ _ _ _ _ _ __

ISSUING
MAILING AUlliORITYI
ADDRESS -

Inactive 0

.------.~(~~~~-

Month/Year

~::::::::::::::::::::::::::::---------------====::::::::::::::::=
STATE _ _ _ _ _ _ _ __

-------_===================~-------

CITY
L!cense or certified as

Month/Year

Active 0

MAlLIN G ADD RESS Continued (if needed)

Licen5c or Cerlifrlluon

ZIP

Inactive 0
CHECK HERE

Dales; From ---,-:::--::--'-M-'-'-"-'CyC,-,,-Momll/Year

Active 0

o IF COf'/TI/'lUED ON ATTACHMENT

OFFICE USE ONLY

.
completed
O;u3l::nlr)l

iI~4-

/40,';:

(.'-""t..-

InitialS & Dale

ZIP _ _ _ _ _ __

COMPLAINTS; PROFESSIONAL DISCIPUNE

A response is requ ired even If you answered NO 10 Questi on 8.1.
Ibve you ever been denied a b".
.
.
mess, trade, or professIOnal heense1
If YES, complete "D

DYES

~o ..

DYES

~o ..

b~d

Have , you ever been diSbarred, :;USpended, censured, or Otherwise reprimanded or disqualified or
.
your Icense
reva k e .... as a memb er of any business, trade, or profe ssion (e.g .. a uorney. cerll."_..
I"" pu bile

accountant, real estate broker. physician. cle.), or as a bulrer of public of lice?

!rYES, complete "0

To the best of YOUr knowledge, have dltrc ever been, or arc there now pending. ally charges" can.
plmmlS.
or grievances
(formal Or informal) concerning your conduct as a mcm ber of an, bUSiness.
.
.
\fade. or profession, or as a bolder of public offi:e? If YES. complete E,

:-OTE

DYES

If you answer YES 10 eitber A, B Of C. please fully e)lplam

ce
. Ibe CLrcums
.
tan ccs of eacb incidelll. of
denial. disbarment, suspension. censure, reprimand.
complamt.
gnevanc,
,.
e etc ., Oil a separate pIC
.
of paper and attacb \0 the application.
D.

Name and address of tbe aulborily in possession of me records Tesar dinS the dsqualification
L
or den ial:
Name ___________________________________________________________________
Address _________________________________________________________________
City __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ State _ _ _ _ _ _ Zip ______
Name of court ______________________________________ Date admi!led_________
Address _____

~____________________________________________:::_--------State ______ Zip _ _ _ __

~~~~~~~~~~~~~~~~~~~~~_____________________________

Cit)' __________________
Nature of disqualification
.

I' d from (Month/Year)

_ _________________ to (MonLhfYear) _______________

Disqual Ie
__________________________________________________
Date of denial (Month/Year)
,.

00 or denialI.___________________________________________

Reason fOf disqualtfLCati

E

Name and addresS

grieVan"":'~
Name _

I .
of
lILe
records
regardi",
tbe
charge.
comp
allll. or
of authority in possession

__________________________________

Address

~=============

Slate _ _ _ _ _ _ _ Zip _______

--------~~~~~~~~~~~~~~~~~~~~~~~~~_____________ Date admilled_________

sameor":o:'~"~-===______________________-::::_------~--=-::~===~

City

Addn.:.'~'~-=~_ _ _ _ _ _ __:~=:~:~ Slate _______ Zip ______

City complainT,
Dale of charge.

nee (Month/Year) _______________________________

Of gT1eV~

(I

U:.

 " b'"

A respoose to Q uesti on 10,1

Have you ever r e s i g n e d .

If YES. please explain

A & B is re quired e

'r

ve n, you a ns wered NO to Ques tion 8. 1.

-~.d
. . . a e, o r professIInallicense whik charges were pending')

o YES

Have you ever permitted a business

'.
If YES. please explain
' trade, or profeSSional hcense to expire?

NO

o \"S

MENTAL ILLNESS, DISEASE OR DISORDER

IIw'IIcnng Questions 10.2. applicants should consider the following definitions for the words lind phrases;
. Ability to practice law" includes performing serv ices in a CQJU of justice. in any manner, throughout its varinus slagc~
.1Id in conformity witb adopted rules of procedure. In a larger sense it inctudes providing legal advice lIrd counsel and
preparation of legal instrum ents and co IItraCIS by which legal rigbts are protected Law puetil;e may also include Ole
..!.,,,oIi"',," of legal questions for consumers by adviee and action if difficult or doublill legal queStions are inyolved .
. 10 safeguard !he public, reasooably demand the application of a trained legal mmd.
'Good moral character ine-..des quaJitrs of bonesty, fairness. eardor. truuworlhmess. observance of fiduciary
le~ponsibihty. respect for and obedience 10 the laws 10 tbe SlatC and the nation and respect ror the rightS of ollters and

for Ibe judicial process.

...
I.
d
, " ",. includes mental or psychological conditions or disorders. Sijeh as. but not limited
..
.
'"cnta Illneu. Isease Or I r
.
. h- alar illness (manic depreSSIO n). sOCIopathy or any otber psycho\LC dlsorder_
,Ie h tzophrema. paranOIa, Ip
h da of or eve n in the weeks or monlhspreceding the completion of the application.
Uneolly' does nOt rnean on t e Y
..
.
.
. " yo u believe Olat the mental cond'lon may have an ongoLAS Impact on your
Ralber n means recently enoug h S0
functioning as an attorney
102
d for a IlIcdieally recognized mental illness. disease or disorda that
Have you been diagnosed or treatc
_ I ?
. h
ability 10 pracLLce lIW
. .
..
0 YES
would currently interfere WIt yo ur
'C

II

YES. eOlllpleu: FOR~1S and 5. Ma e as

'roblem.
11).3

Have you ever been adjudged an III

ma ny COP I E S of (o'ORM S a nd 5 as you need to descrbe the

competent or a co nscrvalee7

11_
p"'ce of paper sta le the queslion nu mber an d provide a narrative
'ES
_ ,
a separate ...
tqJlI . COmplete FORM ;$ an on.
b arne of the court, tille . and name or th e case, tile dale of the pr nceeding
" ~lon. Give (ull detailS, incl uding Id ~:e inclusive dales you we re adjud ged eithe r an incompetent or a
.
Ilil!le and ~ddreS$ o f Ihe inslI1utlOO an

[i

I0

NO

...0 ......

PRIOR APPLICA
TIONS FOR ADMISSION TO PRACTICE LAW
.. NOTE

APfllications for admissio n to praet"

"

. .
Ice aw Include b
. .
diploma pnvIlege. 'll p l icatiorn (Or rei n b.
' u! afC lIot limited 1:1, ap plica tions 10 be admiued by c)lamination. on motvn, Of 011
" "even
"r
S Icmerlt to the b, r,an d app '"lta lons
" for a determination a r maTa! cha racter. lncllde evcry such
appllutlOn
I th at applica tio n
eumination. moral character co . w;s SUbsequently withd raw n For each appliCall)lI, indicate the nat ure of the application (es,
application, denied).
,mlly . the datch was submitted. and is uh imatcdisposition (e,g., admitted to practice law, withdrew

ii'

Have you ever submitted an application i)

SOTE:

'.

r admISSion 10 pnctlce law in any SlPte or foreign country1

rES 0 NO

A Certificate
o( Good 51an d'rng must be submitted
,
.
ilr eaeb jurisdction into wbicb you bave been
admitted. to practice law If yo u are submitting this ap p);;:ation simultaneously witb the attorney
r~glstrallOn, only one Certificate of Good Standing must be submilted
If you are suspended or
disbarred hom practice as a result of a disciplinary proceeding. you are not eligblc to fik. an
Application for Detcrminalioll of Moral haraw:r (Rule VI, Seelion 2(b) of lhe Rults).

Slate or foreign country ___~",,"''''':.:::'''~''''>..-

Applied for admission (Month/Year)

_____

---""""'''1\'---'-<'-\--

o Failed eumination
D Withdrew application"

Dale of examination that you took (Montb/Year)

Admitted or readmitted {MOnlblDay/Y

Not admitted because

(check one):

~'--------

t;lOthcr reason

Not .dm illed because (check

one):

State or foreign country

D Failed examination

Applied for admission (MontbfYear)

D Witbdrew applicalion"

Date of examination that you took (Month/Year)

D Other reason"

Admitted or readmitted (Month/Day/Year)

for not being admitted which we re nOi du e to be Jig unsuccess fu l

For any wi!bdrawa
"
,s d
for any other reaso n
..
.
an
.
f
r stat in, theq ueslion and detatling the circumstanCes and reasons_
ara te ptece 0 papc
b
P
011 all I:llaminlltion. :mac a se
CHECK HER E

D IF CONTINU ED ON AT T ACHME NT

NS AND ADMINISTRATIVE PROCEEDINGS

CIVIL ACTIO

""
"
_ "' T "
,," a part y to an y civ il aC lion or Bd mlnlSt
ra UVe
proce~ .... lO g.
hiS
Uprese
.
II, Have you eycr been a party 10 or are yO
....
Wor Ker's compenSD l!(XI , etc .
..
_
.
small C",lms,
Incl udes divorce, dissol utio n.

II 1 Have ... ny

; u dgment~

been

D YES
DYES

filed against you?

If YES to eit ber of the above q

FRAUD. MISREP

MaKe as many

co pi ~s

o f FORM 1 as yo u need _

RESENTATION. LEGAL MALPRACTICE

"
.

"

d deceit , misrepresentation . forgery . or legalmalpraclIce filed and

_.
. f
7
, ' nUlleglng r311 .
Hhe yn u cver bad a com p a l
. ' a l or admdl,SlUll Yl: arum
....
, .
.
c ivil cnmlJl
_
IU51ainetl agaiD5 t yo u IJI an y
.
eH copies of th e pleading. a Ilegations and judgment.
I and ATTA
If YES . tomplcte I-OR,M

'"

uestions, cOll1plete FORM I.

ffNo

DYES

~m

 "6'" ....

CONVICTIONS
I

hasa cOntinuing dlly 10 updale;

..

dd' . l b "
n Wntlllg respOnse I
.
a ~JOn 0 or c aoge In ,"formation previou I
~ 0 quesllons under tle moral character section of the apph:ation wbenever
s y furnIshed (Rule VI, Section 7 of tbeRuJes).
IN ANSWERING TlIEFOLlOWING QUESTI
NO MAnER HOW MINOR THE INC IDE ON,S, Y?U SHOULD INCLUDEALLSUCfllNCIDENTS AND CONVICTIONS,
III

10 Appear, Driving Without a License D ,~T. 1 rafrlc violations whicb mus! be reported under this question include f.'allure
.
'TlVlDgwitbaSu speD d edLI cense, and Reckless DrlvlDg,
" as wellasalltraflic VIolations
"
tbat resulted '
ill a mIsdemeanor or f ...
e .... Dy convlc:t ion.

yOU ARE EXC LUDED FROM ANSW

,
B

ERING QUESTIONS REGARDING HIE FOLLOWING INCIDENTS:

.,nestS that did nOI result in a convicloD a d '

n for whLch you are not awaiting final adjudicaLion.

Any arrest. convi::lion or other proceedin th

d
g e record of whicb has been ordered Of is required LO be seakd. obliterated. dismissed.
or destroye puTsuaDl 10 .Sect~ons 851. 7, 1203.4a 1200 .45., 1000 to 1000. I I. 100 I 10 1001 .1 I. or 100 I 20 to 1001.35 of the Penal
Code of tbe Stale of Cahforma, or Section 78t of lIle Welfare and Inslilttions Code of the Stale of California. or Sectioo 11361.5 of
'De Uealth and Safety Code of tbe State of California, or pursuant to a similar statute of another jurisdiction which provides in
slIbm.nce and effect thaI upon entry of an order, such 3rre51, conviction, (I' other proceeding sball be deemed not k) have occuned
01 tllal the persolllO wbom Ibe proceeding relates, in answering any related question, may stale it did notoecur.
Any arrest, conviction or olher proceeding, Ihe record of which bas been ordered or is required to be sealed. obliterated, dismissed,
')1 dc:moyed p UTsuaOI 10 the statute of ano tiler jurisdiction. wbich sta [ute provides in .Illbstance and effecttbat upon entl)' of an order,
llICb arrest, conviction or other proc eeding shall be deem ed not 10 have oceune d or that tbe person to whom tbe proceed ing relates,
lnanswering any relalo:! queSliofl, may state it di:l not occur If you beii::vc )'Ou come within Ihis exclusion, you MUST include w itb
:;our appli:ation a copy of the applicable statutc and any supportingannolations and answer yes k) question 12.5 below .
NOTE
sections of tbe Penal Code are Sections 1203.4a and 1203.45. not 1203.4 SECl'lON 1203.4 REQUIRES
R E of matters dismissed under tbat Section in response 10 a direct question contained in an IIPplication for licensure by a Slate
" , d 'f the violation of a misdemeanor or felony? As used herein, a conviction
Have you ever been conVle e
..
.
.
"
" I ,nlendere or a verdict or rlndlng of gUIlt. rega.rdless of whether sentence IS
Includes a pIca of gu Llty or no 0 c
.
.
. . . . . ..
::nposed by tbe court

I"

"

"

,
"

DYES

.
"d' tion for any incidell?
Are you awaiting fwal adJu Ica

DYES

/.0.'"

.
IIcmpt of court?
Ibve ),ou ever been beld In co

DYES

c/.o"

" '" lieu of aiminal prosecution?

Have )'OU eveT been grante d immunLlY "

DYES

,"0":

lease canplcle FORM 2 Make as many COPIES as you lIeed Attaeh

. I d"lsposlllon,
""
II YES to an)' of file ab ove q uestions, P
omplainl. indictment, trill
selUenee, appeal, probation
ffi er's report, c
a copy of tbe arresting 0 IC
'on if allY
f eonv t:;!1
report and certified cop), 0
" _,sdlCtion pursuanltO Section 'C above?
of ano41er JU'
"re you submitting a SlaLute
A RESPONSE IS REQUIRED.

NO,

"
DYES

1.0-

 "b'" '-'
, 0.' ."Sw~r to

ny of ti't follOwing

ntt

"

more sp. ce, p Iease attach a separate piece 0/ paptr.

SCHOLASTIC DISCIPLINE
Have .. au ever been dro pped, suspended
.. demic performance?
tban aca
. .

II

,expe cd, or otherWIse disciplined by any school for any reason otber

......

So

;KES

leYES. SI~1e the ~eaSQns fully below, providing the name of (be scbool, the date , the reasons fordi scipiine, and
tbe ftnal d

OSlllOtL

~~~~~~O~~~~~~~~~V~~~~~~V~r
0-".\1.1
~v,
k-;,
~<tS
BONDEDNESS; DISCHARGE OF OBLIGATION; INDEBTEDNESS
132

DYES

Have you ever held a bonded position?

foe

If YES. specify the nature of tbe position, tbe inclusive dates, amount of bond, and whether any attempt bas
~.~n made

lil

to recover upon your bond or cancel it.

Has a bond ever been refused where you were to be the bonded person?

DYES

If YES. provide tbe full details.

.charge of any duty or obligatlJn imposed upon yo u by

.
. the performance or d
.'
d
d
Are you in default lD any way ID
d_,'nistrative agency, includVlg a!1mony, support or en an
r
y
cou rt or a ,u
declee, judgment. or order 0 an
..
..,..
..'
,jecrees'l
If YES, complete FORM I.
that arc past due (irclude tbose barred by the statute of
. luding student loans,
Dt, you owe any debtS, IOC.
aunt babnces)?
" '.
d as! due credit acc
.unltatJ.)ns an p
.'
b
e and present address of the creditor, nature of tbe
vldmg t e nam
'
~ .. ~uch indebtedness, pro
b () amount still owing. reason for nonpayment. and the steps
If YES . Itst eaUJ ~
count num er s ,
Indebtedness. date incurred, the ac
:akcn to address the debt.

DYES

DYES

DYES

on any student loan?

. . .. ..
Have you ever defaulted
_
the guaranteeing agency to whom the loan was sold or
credItor or
d ddreS'i of the
d and the steps taken to make the amount current.
Ir YES list tbe name an a
tbe alltOunl owe
ber

l
nulIl
.
un
~SSi~ned, the loan aceo
___- - - - - - - - - - - - - - - - - - - - - -

--------==---------------------

[1

I3

~ ,"". ever been adjudicated

BANKRUPT
CY

...

rYES. complete FORM 3.

DYES

a bankrupt?

tlas a petition
. . in bankruptcy ( personal or b .
_.
..ver been filed b
.
.
or
io assoclanon with others').
If YES. complete FORM 3
. .. . USl(less
'. . related)
y you or against you, euher abne

~-,

DYES

DYES

Do you have a bankruptcy pend'mg under a Cb

If
complete FORM 3.
apter 13 reorganization?

YES

lfYES
of the. above. you must BUach apt' .
. b t h etobanv
wit
an'k ruptey petition,
BOy ObJ'",.
e ILIOn ror bBnkruplcy. all schedule5l1nd statements filled
tb
er on.
ed
an d'Ischarge from the ha k I)n or exe mptlon
. 10 discharge filed by a creditor and tbe rulln.
n TuptCy court.

",

Ha.ve you ever been sued byJ a receIVer

.
u aw u preference, conspiracy to c ' trustee , or
o th er authority of any bankrup'::y estate. ror
1
f
punisbable
by law?
onceal asselS, or any otber fraud or offeose. wbether or not
nJ

DYES

/0-

Ii
YES. Pon
lease
state thep;oc,
date o ftille . numbe
Cl'otlflue
a separate
'f r 0 f case, the name and location of the court it the space below. and
paper I needed ATT ACH to lbIS app IIcallOO

.;;\aim filed against you

3. copy orany complaint or other

CHEMICAL DEPENDENCY
5. applicantS should consider the following definitions for the words and phrases:
. Ability \0 practice law" includes performing services in a court of justice. in any manner, Ihrougbout ilS various
stages and in conformity with adopted rules of procedures. In a larger sense il includes providing legal advice and
touusel and preparation of legal instrumentS and conn3ctS by wbich legat rights are protected. Law practice may
llso include !.he resolution of legal questions for consumers by advice and action if difficult of doubtful legal
questions are involved. which. to safeguard tbe publiC. reasonably demand tbe application or a trained legal mind .

tr~Slwortbiness.

Good moral character" includes qualities of honesty, fairness. candor,

observ3J1ce of fiduciary
res
'b.'
f ,nd obedience to tbe laws to Ihe slate and tbe nallon and respect for [be rightS of others

ponsl 1 I)'. respect or

and for tbe judicial process.
'Ch,,,,;,,, d,p,nd,n,y' ;, to b' "'"''',,' to .".d' ,b'" ,n' " ' " . " .", ,dd;,tion to ",oho', dm.' 0'
medications.
'C
h , , ' of. Of even in the weeks or monlhs preceding the completion of the
,
ently enough 50 Ihal )'OU hehevc [hallhe use of drugs or alcohol may have an
uneOlly" does not mean on I e '
'PphC3tion. Rather, il meanS. rec
ng aS an aUOToe)'.
Ollgoing impact on your funcllonl
..
d for a chemical dependency thaI would cun-entl), int:rfere with your
DYES
te
nhe
),ou
been
diagnosed
or
ttea
ability kl practiCe law~
. . .
.'
...
. . . . . . . . . .. ..

4 ,n 6. Make as [DaIlY COPIES of FORMS 4 and 6 as you need to descrne Ih'

d
I YES, complete FORMS
"

MILiTARY S

Hive you ever been a me b

m er of the

tbe National Guard? ' .

If NO. proceed to the next page.

ERVlCE

armed forces of Ih e UnUed

'
Stale .
.... ' .
S, tiS reserve components or

o
o

I am presently a member of h
t e armed for
1 was a member of the arm"d f
ces. (Complete a and b )
... orees . (e cmplete a. and c.) "

"

Branch of service
Regular armed forces:
Air Force
0 Army

o Coast Guard

0 Marine Corps

o Navy

0 Army

o Coast Guard

0 Marine Corps

o Navy

o Coast Guard

0 Marine Corps

o Navy

DYES

Reserve com poncms:

o Air Force

National Guard.

Air Force

Army

My rank was/is _________ _

My serial number was/is

Dales of service: From (Month/Year) _ _ _ _ _ _ _ _ _ _ _ To (MonthfYear) _ _ _ _ _ __

From (Month/Year) _ _ _ _ _ _ _ _ _ _ To (Month/Year) _ _ _ _ _ _ __

For ACTIVE AND RESERVE PERSONNEL ONLY: Check onc: 0 Active

0 Reserve

Present duty stltion - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Address ______________________________________________________________________

Wbile a member of the armed forces of tbe United States:

DYES

0 11'0--

Were yo u ever court_martialed? ".

" . r u of court_martial?
Were you allowed to resign iO Ie

o YES

0 11'0--

DVES.

01'\0--

Were you administratively discharged? .

d non-judicial punisbment? (Article IS UCMJ)
Were you ever swar d e
QSIUisk on a separate shu' of papu provide
If
h k d bos fo/low ed by on
.
you c ec e Q
dill Ihe occurrence.

o YES.

01'\0--

oj Ihe circumS(lJnCeS SllrrO

If YOO

ONO-

DYES

Did you receive an honorable discharge?

aTe DOW

lln

1/

narralive explanalion

attllch a copy of DD Form 214 to tbe application. Make sure the copy includes

- db
"
U"I 'uary Persollllel Records Cenler.
separated f rom military serVice,
f S vice" This form may be acquIre
y wrtlmg
to .HI

er
.
Your "Type of Separation" and "Character 0yare
required
\0 furnish a DD Form 214 or other report of separation.

If you are
00
Page
Blvd
51
LoUis.
MO
6313 2 . c Ou r thai 110 such document e~is!S. allach a copy of tbat notification to this application
97 '
"
I ReeO rds entC
.
onne
Vl1ed by the M iJiluy pers
"pori of separation from the Miliary Personnel Records Center can be a time"
b
'0T[: Acquiring tbe DD ForJl1 2140. rotU
.
' of your awlication_
" ill, wese papers by the Comml\lee
Wt-Dd clay the processmg
A delay m recCIY
con$uming process

III 5

ACCOUNTING FOR TIME

Please review your responses t S .
oeCllons3132426
account ror t b e enti r e period of'
.
. . . . . , . i - 6.2 a nct 15 I. If your replies 10 these questi>ns do nIlt
d
you were an what yOu were dolnIlIlle
( slflce you we re 18 years of age, cJlplain 10 the best of your recollection where

traveled [indicate COUI1ITYfregionf> e.g . 6/89 - t 2{~9 rcc upeUl!d from major surgery al parents' house; 1191 - 5191
Allach page(s) as necessary.
. If you held a .JOb (or jobs) which lasted less lIIan sill months, please so Slale.

Page 17

AUTHOR! ZATION AND RELEASE

INREAPP~~C
NAME:

~ ~u ~ puGiLI~

SOCIAL SECURITY

'

#1:. Sf: - ~ 'geJ

I.
~...eA_____ G,
r-k- 1
of Bar Examin~of the St B v C ~f ~ohaving filed an application with the Committee
investigation made as to m ate r~ of Cahfornia ("Committee"), hereby consent to have an
questions in the fore oin : q~a I .Ication for good moral character. I have carefully read the
without mental reS: g. pplcatton and have answered them truthfully, fully and completely.
disclosure of an f ;vat~om of ~y kind. I fully lDlderstand tbat l3.ilure to make a full
, (f
dY ae or mfonnatlon called for may result in the denial of my application and
recelp 0 an a verse moral Chafae t er determmatlon.
"
'
I therefore agree to give the Committee
through the State ,Bar's.Office of Admissions any further information which may be required in
reference to s~ch mvesugation. I understand that the contents of my moral character investigation
are confidenual and that 1 will not receive and am not entitJed to have disclosed to me the
information received or obtained during such investigation except as provided under California
Evidence Code section 1040,

1 also autho rize and request each and every law school having cClltrol of any documems,
records , or other information pertaining to me to (i) furnisb such to the State Bar's Office of
Admissions, as required by the Committee; (ii) permit the Canmiuee or any of its agents or
representatives to inspect and make copies of such documents, records and other information; (iii)
answer any inquiries , questions or interrogatories concerning me which may be submitted by the
Committee' and (iv) appear before the Committee and to give full and complete testimony
concerning' me, including any information furnished by me,
tborize all educational institutions and testing organizatiOns to release to the
Iurerau
"e
drequest
bth
"
tb
f
C'
'w mation flies or records pertammg
to me
y C
e omnllttee
10
ommlt.tee ~y I or d'es ~nducted by the Committee regarding the admission process,
connection With any stu I
'scharge and exonerate any law school, educational institution, or testing
'
'
, I .hereby release,
th'd I
respective
employees, agents and
representatives,
an d any p!rson or
org~zat~on, any ~f r~r uested documents, record,s, and other inform~ti~n pertaining to me from
nature and kind arismg out of the furnlsillng of such documents
orgaOlzatlOD supplymg q
any and all liability of
the committee
'
'
records and other information to
,
d request every person, firm, company, corporation, governmental
I further au~Oflze an inslrumentaliry, law enforcement agency, coun, association or
~gency, bank" credit co~:ra:~; other documents, records a~ ~ther inf~~at~on pertai~ng to me
mstitution haVIng co ntro,
aled records; files of bar assOCiations or dlsclplmary pertment data)
'mcludiDg any cOnfidentlai'any
orse such information;
,
(..II ) permit
, th e C
'
omnllttee
or any of .ItS agents
(
to 0) furnish to the c:orrUIlitteed make copies of such documents, records and other information; (iii)
or representatives to tnSpec t ,an or interrogatories concerning me which may be submitted by the
ns
"squeSUO,
'
'
fun and complete testimony
answer any :mqUlTle
,
before the Cormllttee
and to give
C
.
'and (iv) appear
,. '. .,
omnuuee,
, .'
'
DI7

ev~ry

II

1 authorize the Nation 1

Page 18
of my military records
a Personnel Records C
..
personnel and related m t~. release to the Committee i~~ter, St. LoUIS, MIS"lUri, or other custodian
of Separation.
e leal records. This could I ~rmatlon or photocopies from my military
me u ea photocopy of my DD Form 214, Report
. . I understand that the fact that I am
.
.
.
admttttng entitles, as well as to th
. a CahfoTOla applicant will be communicated to other Bar
such other Bar adrnitting autho .t. e National Conference of Bar Examiners and by thai agency to
n les as may i nqulre,
.
. '
any and all such materials sub 'tted'
~nd I further authOrize
the Committee to release
the National Conference Of;1 E In s.upport of thiS application to ether Bar admitting entities and
pertaining to me.
ar xammers for purposes of arreT moral character investigations
also Iunderstand that pursuant to R
7 of the Rules Reguiatlllg
. Admission To
. ILa
ule VI, Section
w. n CaUfornia
1
am
und
.
.
.
.
.
. current and
. ..
' I',
er a contmumg obhgatlon to keep my apphcatlon
m~st updat~ 1D wn~g my responses to the application whenever there is an addition to ora change
[0 mformauon previously furnished the Committee

Praence

I hereby release and exonerate the State Bar of California (including its Board of Governors.
the Committee , members of the Committee of Bar E)(aminers, and officers, emplo)s, agents and
representatives of the State Bar) from any and all liability of every nature and kind arising out of the
furnishing or inspection of such documents, records, and other information pertaining to me or the
moral character investigations made by or on behalf of the Committee.
For purposes of this release, the undersigned gives pennission to use a photocopy of his/her
signature on this form as an original signature.
e under penalty of perjury under the laws of the State of California iliat

Ihereyec
tar
~
. . . ., .
t
d
t
b dstateIDmts
the answers
and
provided by me in the oregomg ap~catlon ace rue an corree.

Executed on

at _

.
. s received more than 30 days after being signed will be
APplication
Note: d as stale dated.
cetucn e

(),S

Page 19

1 - RECORD OF CIVIL
First
)b.IUlt

tlf

case (e g

DO NOT DETACH

ACTIONS AND ADMINISTRATIVE PROCEEDINGS

Middle

Last

Social Security Number

small claims, divorce, personal injury, etc.) _________________________

orcase ___________________________________________
CotDpl, ie "ille
'
c~~lfijenumher-----

______________________

Date Filcd _ _ _ _ _ _ _ _ _ _ __

N~"4"_Of"OU::'~I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~::~~~~~~~~~~~~~~~~
________________________

[,"
Yt'lI.q!f1silion in case (e.g

Statc _ _ _ _ _ _ _ _ _ _ _ __

P laintiff. defendant, cross-complainant, CIC.)

Zip _ _ _ _ _ __

----------

Elahou!c on the circumstances of tbe case

Full name(s) lind address(es) 0 f tkfendanl(s) and anorney(s)

. 'ff(,) and amrney(s)

flU trame(s) and addrcss(es) 0 r plamn

Defeno.l1nr

Cily

Slare

Zip

AlWrllCY

Zip

2 - RECORD OF CRIMIN

DO NOT DETACH

ALCASES

Middle

Last

Social Sccurily Number

INCIDEl'iT

Felony 0
eprg(s) (c .g . petty

Misdemeanor 0

thefl)~=:--_-.---::_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Dl1e of incident (or time period involved) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

~~n----~~-----------------------------~-------City
County
Slate
[

fliARRATlVE

Provw e a detailed na rralive of the circumsta nees surrounding the incident. Ir your answer needs more spate. please attach a separate piece

olIllPe:

\ ARRESTIl'IiG AGENCY

51311:. _ _ _ _ _ _ _ _ _ _ __

Zip, _ _ _ _ __

A1mting Agency Report Num ber - - - - - - - - - - - - - - - -

Nl~~r~w:":,~'_================================_~::======================~-~==============~
CiIY_~_======___--~~~~~~~~~_-:~~~~~___________________---"'-he!s

Start

Title of complaint or indicune nt -

Cot.n File Number~=------------_=

__________

Zip _ _ _ _ _ _ __

Dale of final disposition _ _ _ _ _ _ _ _ __

Date firsl heard _ _ _ _ _- - SENTENCE

QlARGE

Misdemeanor

Misdemeanor 0 .
RESTING OFFIe

copy

ER'S REPORT, COMPLAINTS. ~DICTMENT, TRIAL DISPOSITION,

ERTIFIED COpy OF CONVICTION, lfo' ANY.

OF THE AR ON REpORT "ND C

''''CI" APPEAL. PROBA TI

l' ,-" l',

.--i.......

....to ..... ....

roRM 3 - RECORD OF BANKR

DO NOT DETACH

UPTCY OR INSOLVENCY

First

_____________________________
Middle

Dale '1f bankruptcy filed ~=

Last

S:'~'~":I~S~':'~':"~"~N:um:b:"~_

(omplete title of action _______________________________

~===========

,~==~~-----------------------------------~==~

('ellI\ Ille number

JrrIw. .. and complete address of COU'I'!nvo Ived:

Name ofcourl _________________________________________

Addrcss ____________________________________________
CIly _ _ _ _ _ _ _ _ _ __

5Ialc _ _ _ _ _ _ _ _ _ _ _ _ __

Br._I description of circumstances surrounding filing pCliion for

"

Zip

banlm~tcy

'If nOli! disposilion _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

nl1p~.;ition

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___

were any adversary proceedings

. IDS
. lulled?
I
.
,

DYes

ON,

DYes

ON,

DYes

ON,

Were tbere any aliegalDns of fraud?

, h
on a separate sheet of paper and include the current salus of
Wete any debts not discbarge ,7 If YES ' list! emk n 10 make the amount current an " or t h e reason T
.
and the stepS III e
~r: deb!, tbe amount SliJI OWlDg

lIonpiyment.

.'

.'

....

."

. ...

ben will the release be Ins!iLU!ed? _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Cbapterl,w
'
e Is were reorganized un er
cy ALL SCHEDULES AND STATEMENTS tolLED WITH THE BANKRUPTCY

Irdb

THE PETITION yOR 8A~~~~~ION TO DISCHARGE FILED BY A CREDITOR AND THE RULlNG THEREON,
H
"lTlno'roi, ANY 08JECnO N OR KRVPTCY COURT.
kl) DISCHARGE fROM TOE BAN
" you roUSt conUlcltbe bankruptcy court where you filcd the petilion. If
. ve an !he: requtr
. ed docunl cnmoncs
,
.you
.
tbe: court will provide
wltb a locator nurober for the docu IncnlS
b
you
do
not
a
b
s
the
docU
'
If
tb
ourt nO longer a
d I archives location where you can request copies of the documents
c bankruptcy c
ropriatc re era
and will direct yOU 10 the app

:lT4.C

(121
I

 ..b ..........

DO NOT DETACH

4 --- AUTHORIZATION
TO RELEASE MEDICAL RECORDS
.

'

resentlltlOn of the original or a h

p alOCo" or b

t IS 51,.,d "lb-
.
... UZ311ln,

I - - - -_ _ _ _~~-----(Applicam 's name)

.U[bu!ae------------____________________-;,;:::~~~~----------------------------------------------___
(Name and address of instill/lion or doctor)

:qll~\tidt informalim, inCluding copies or records, concerning adyice, C3rc or Irealmen! providtd 10 me wiLhOlit limitation relating
I!l menIal illness. use of drugs or alcohol, to representatives of tbe California Comminet of Bar E;uminers who are involved in
C'H.Ju, ;ing an investigatio n into my m ora1 cbaracter for adm ission to practice law in tbe Slate of California
\llO.t Information as may be received will be reported only 10 the admitted 3ullloril)'

I understand thai any

[~reby release, diSCharge and ClloncralC the California Com mince of Bar Examiners, its agcrus and represellltlliveS and

(Namt and address a/illstitution or doCtor)

nd all liability of every naDJre and k:ind arising out of the

. b"
information rrom a'y,
,.
.
Ib 1gents and represeruatives so furOis Ing
~.. . r malion or the investigation made by the CallfornlP Commutee
' .
records and ...."tr
lurr.\sbtngor inspection of such documents,
'1( Blr Exam iners.

In

or

Signalurt 0/ ApplIcant

Dotf'

----------:~--
WitnesS

--------=~--
WitllesS
U2i.

 .... b ... - ...

DO NOT DETACH

5 - DESCRIPTION OF MENTAL ILLNESS, DISEASE OR DISORDER

Middle
OttC I) f treatment: From

Last

Social Security Number

- - - - - , -_ _ _ _ T" _ _ _ _ _ , _ _ _--:::Month

Year

Month

Year

f ttending physician _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
'

. Nllllc,'
n''. current address

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
_ _ _ _ _ _ _ __

",.'"

c'" - - - - - -_ _ _ _ _ _ __

ie;{~:.ane
":'i~ol

Zip
Slate _ _ _ _ _ _ __

========

(L_ _
______________________________
i!.)spital or institution

a..!:!.";;S

C, _ _ _ __

Slate _ _ _ _ _ _ __

Zip _ _ _ _ __

 ub .......

00 NOT DET AC"

yoRM 6 - DESCRIPTION OF CHEMICAL
DEPENDENCY

Flrst

Middle

~t~0

F'om
r ""nnenL

~M: o~n~Ih y~e:,:,

.-- -_
- - -____ I _____ To:

-----~II-o----y;y,.,
Moo ..

~~~~~~~

Social Secority Number

PhYSician~===================
_______=~========
_
___

Same of attending
""""n

Last

_______________________

. 's current address

L:Y - - - - - - - - - - - - _ _ _ _ _ _ _ _
ielep~t

ne ([ _ _--.J

\;O;:~I:" 0

r b"pital or institution

:d:,,:,,~===~___________________________=--

__________

Zip' ___________

Siale

Stale _________________

Z;p

_ _ _ _ ___

T,["bnt(_~-1~=======~~=============
0(

';lib!!

problem

' an d treatmen
completely the diagnosIs

~-----===============

---

lach<ifv'. Barher CO"gll'

_till

~,',":1,,\ Sccuritv #- 29<:j.86

'
-<1..180

PRIOR APPLiCATION
,
' S FOR AD~IISSI0N TO PRACTICEL.W
,L.;"e lOU eVer submitted
'.
'

an applicatIOn for admission 10

t have a

'_
.
pphed lOr admission in N

practice law In any state or foreign country?"

a~phcatl~n there ~s 1 took the bar exam a ~vada._ I am uncertain as to what dale would be auached to my
Nevada In July of 2001 and passed 'radu ~mester before graduating I applied to take the bar exam in
Chaldcter and Fitlle~::; Committee 1,',ld r a mSlfrom Jaw school in December of2001 The Nevada Bar's
theh -

, e.,mng me ude an alTest on my r

alorma hearil .
d fo

>

"

,_ I g 11\ regar to my apphCaIJOH The Con.::enh voiced al

In OctOber of'OOI I '

ecor, or \"hich a!lthe charges were slibsequelllly dismiSsed
\\ as arrested outside
- h
~::'-~ Cl!:!, I have no excuse '0' d .
a mOVie t eatre 1 had entered Ihe mo ...ie theatre \\uhout
.-~
.
11,omgsolwasa
hd
ICltn '.hem In a hallway who
II ft
pproac e my two ushers at the movie theatre and asked to
,
reupon e The theatre Th
h
h
'
,,
pelp\I;!l(l;!d II~ tu whv they rea'\ d' . \
, e us ers gave case, yelling profanilies at me, J was
'. th t
'h
'h
l; t:: MI am riln Tht:: uS!1I;;rs ehH~ed me for nt:~r!". one milt:
I
\\!I.~ lillClllJld hv
the rnaVl
I
ea re us ers t at the '
h'
.
._ 1., h
.
.
_ y were c asmg me because I vaguely matched the description of someone
", .,',) as committed a senes ofmfrac I'Ions at rIIe Iheatre and Ihat they look my runnullz as an indication of
gUI~i \fter a photograph of my lace was shown to the victims of the series of infractions, Ihe victims
mdl{;ated that I was definitely not the person who committed the Infractions (I still am not dear as [0 what
these infraction<; entailed) 1n the middle of the chase I ran inro all area ",here several police ot1icers on
bicycles were standing and was told to stop running_ I stopped running as soon as the adrenaline and rear I
fell from being chased by t ..... o large men yeHing profanities at me would allow I was charg.ed wilh three
misdemeanors: resisting arrest. evading a police oflicer, and obstrucung a police officero\H charges Ivere
dropped complt:tcly with no conditions whatsoever I was nOt ordered to pay any lines or comply with any
m<;.tructions
Immediately after the arrest I reponed the incidem to both m~ law school's admini~tration
and the State Bar of:\evada
concern regarding my application
Second'y , the State Bar of Nevada informed me that another
Iete)"
I resc Ive d'In m,' "avor In D
d
'
d,'sho",',
investigation
that
was
comp
ecemb
er 01'
arose out 0 an aca emt...
_ .
'0
Th""
. ' n "0" OUI ofa sunuuer school class I look from an adjunct prorcssor, "lark
, "I
15 m\esttgauo.

0
r
- ~
' I ' f t ' p'ller fOf Ihe class !hal was to be wonh ..-100 the grade Dunng Ihe
ratos lrumedma _.
1 een-pag
,
"
' " _I fJ-:d '
. ' a ,d ,ubsequent Nevada Bal mqully St:\cral ,Iud
.:nl", M,gn.:u alLl av!l~
, - 'cadetnl\~ I11vestlgallOtl
J
;ourse 0 f t Ie a
, "..
"u', in this I"per T,,,o months after the class was over \1ark
' ,
h h had m lact seen m
.
n dIcatmg t at t ey
-d
h" "py of my p'ller and asked If I would lTy to find a coPy r
"
d
thathedl not ( I v . . . . . . ,
,
fratos mdleate to me
d b '"ed ,I For reasons lhat are stdl I'en' unclear to me, Mr Tralos
.p
. alion into whether or not I aCTually "wfote tbe paper when H was
found a rough dra ftr
0 my p
",'
'
I
academiC
m\estl.B
.
.
.'
then instigated an 0 ft ICla
_
,""
,'oc my law ~chool conduct ed a full -In\'e~Hgalion.
IntervIewing
, d- al affalr~ o"leer
,
dJ A.fter the <;tudenT JU ICI
-d' ". t TUnllhe paper in. the mailer was resolved with a findlllg thaI
,
-fied that 1 dT mlac
se .... eral students who tesU
on mv pan
,
d'"lie dishonesty rook place
~
B' ar was delayed several months because 1 could not alford an
,') aca
,
I Nevada Stale
"
An 0 ffi'
Ih '
"
hearinl.! betore Ite,
I.
he February California Bar e~ammallon
ICla eanng
, ;v h" lime
- I waS SlUdvmglOla"et
.
.
ed
d'
'J
_
d Fitness Comllutl~e ISSU a recommen allon HI UIY 0 r
,norney ...... t t ...
B r Character an
" ' , '
.
d Ihe Nevada State a. _ h
1er and fitness to prawce lal\ m ""evada i'ievada"
:0<.: place anffi
h' a' I had the requIsIte c arac d"'o' must be approved by the Nevada Supreme Coun
~OO"" 10 the ~ eel I
h' ecommen
- " R I dictate that t IS r
I ",,-ada Supreme Coun ordmanly looks at such

Court ues
d le(hattle.~
. ,
.
Suprcme
' . da has mfonne n _
<[ and Ihe recommendation 111 my cllse shall be re\1cwed
r .... State Bar ot ~e\a
"l June and m Augu._
.
_. eayear.
rec':Immendatlons (WIC
11

AugUSt ,,: 2002

r-

~ -

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.'

. - =--

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~

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1\.:11/0\ I "11\
~I"',II ( llilla,In "'"nh~t
1Mil 11"\\Jlld ~I'",I

on

1,1<11 .......", "" "-IIII'llll'l

1)(:... M., {.,m

I IMH' ludwh"J 111\ nneh! report III lh i ~

leller WIllie I would like to pOint Ollt lhal 1 "'as nOI

.uuSt. d" mlll1cn.e 01 '111\' dmA when r W;15 pulled over for ha\'ing my scat belt unfastened. I must admit
1"111 IllItt' ~lIInJ"l'd !II!lt1JIIIIIlJI In Ihe wC('k$ preGCd\ll~ my arrest J often won: lhe same S'o'o-'C3ler I '',is
we UIU~ Ihl" nlMhl I W'I~ Mte~led J would "ere .lltllllo51 nlghll), to B\oid turning on the heat In Hly
1f':UlIlICI1I 'II ... (llIktr 11111\1 have Mucllcd IIIMIJuana on I.hlll 5\\otller from nights when I had pm10usly
MlIr!okcd mMIIJluIIIH, I \\ould "nuke marlJlllnl;! fiJ),1tlllgly on nIghts after work when my chronic midIhor:I.o.-l": .uul ""f\1t,;.D1 paUl would be uJtu.~u;rll)' b;ld Thi~ would help me sleep and ease the P.1111 I have
'",<.;C ,tarled;1 t.:htrOlllU~'ItC lind phV~iClII theropy regime that !'Ilso includes yoga I foc i rcm.1rkably bener
I I);IH' bccUllWIII'l:, IhtOIlAh new~ repons, that nr.1nJlllulll is cUO'Cntly being prescnbed to tteat

tltrullI' U,I' J.. lind neck P;IIII Funher, I never mtended to lise manJWUUl for pain for an)' longer than It
"ould 'ake Jllf my IIIC<hliill IIIsumucc benefits to become active, al which tunc I could afford proper
hcarulenl 1110\\ haYe henllh in~umnce, I had been In tbe process of scheduling appo\luments with
(luruPI'I~ lor"l, ph~/t.Ir;;llthenrpISls, !'Ind pain management physicians at lhc t.nne of this charge
I ~11,"cd drlllid"~ 111001101 In my If]Y twenties and ha,'c never been more than II social drinker,
I, unher, nr.~ dru,l( UfoC hn.' been coufined 10 Illy recent nse of marijuana for treating chronic back and neck
~UII WhIle IIl:ld II prescrlpuon on file for hydrocodone at the time, [ ha,'e since dlsoontm\lCd use of this
pmll killer 115 II m:lkes my Slomach n1lU5C()1I5 1detest dmgs and am so reJiC\'ed that my chrome pain has
~uh!ol dcd antllhnt I h.we found mlluml llIeasures with which to treat It
I hil\ e definitely been frighlened by this experience and Mil nC\-'cr use marijuana again. ] am
now he.: of the dlrollic b.1ck and neck pain thM plagued me, Thanks to the Incredible chiropracuc
Irc<lImcnl 1 hll\'(; receIved, III addilion to physical therapy and yoga, 1 can get through my daily life without
c)f.ptne ncln..: S18!11ficallt pall!. I feel that I have II new lease on life. I have not been referred to any
treatment progmms for dmg or 111001101 libuse, nor am 1 currently enrolled in lreatment 1 feci absolutely
110 deSIre to IiIke any IlUlriJuana Indeed, I abhor the mental and physical toll it takes on one's body.
My January 13, 1003 arrest has recently been ruled on, I pled guilty to Section 2310 I of the
Cllh(orm;e Vehicle Code This is II recklcss driving charge, also known as a "Dry Reckless," This is 8
lIolhllcohol or dntg related clt.1rge IIUlt carries with it no probation. 1 am including with this letter a
(;Cr1lfiod copy of Ihe MmUie Order indicallng the final disposition of my charge. Lastly, I have moved
bad: to Reno, Ncv,lda, my homelown, to be llear my mother, father, grandparents, and siblings at a time
when my fanlll)' needs my presencc, Icmporarily. However, it is my stIong desire to practice law in
(~lhformilllfw:ll plan on residing there and very much wish 10 be practicing law in such a fllle state

Sincerely,

Zachary B. Coughlin

CJ2

Apphcatilm of Zachar,.. U (.
Soaal S
J()ughhll
OCUl1lyli 29S Rb 4180 ..

tcbruary 23 20(JJ,

Katb) ('rar}'

Office of Admissions
Tht. Slate Bar of <. 'a!ifurnia
180 Itoward Street
San l'rancisc:o, CA 9410S-lb39
Dear

~1s t

rary.

0" l4llUdJ Y23th. 2003, 1 .... a:. [lI.IUtii uVer fOj nut w<,;it,ifjg fUY scat WI. ; ,,"'ilS charged with driving
mdcr the mflucnce (am ''\-Titing 10 inform yOU and the State Bar ofCaliforrua ofthis in compliance v..lth
my .'Cn!l.'1c.:n:;, dUlY to rue:1. the bar of !i.'1j" pendill;;judicial proc...'"edingl;, A!so, ! have bee!l let go from my
position &1 Schul.>fing. Zimmennan & Suilly in light of my recent arrest and hope this 1cncr compl.ies wilh
rty dlJtv tn JIt-ep the bar informoo as to mv cmploymcnt hislory

Sincerely.

Zach Coughlin
945 W. 12th St.
Reno, NY 89503
Tele: (775}338-8118

The State Bar of California

Office of the Chief Trial Counsel
Susan I. Kagan, Esq., Deputy Trial Counsel
180 Howard Street

San Francisco, California, 94105

February 15,2007,

RE. Update for Moral Character Application of Zachary B. Coughlin

Dear California Bar Examiners and Ms. Kagan,

Please accept this correspondence as an update for my Moral Character Application, filed
September 28th, 2002. I have previously indicated to Ms. Kagan that there were several
matters to which I need to update my previously filed moral character application.

Section 1.5- My original application listed 2612 Burton, Las Vegas, Nevada., 89102 as
my mailing address. Since that time I have had several mailing addresses and residences.
1 will list the mailing addresses with the corresponding time for which they were my
mailing address, to the best of my knowledge and recollection.
September 2002- December 2002- 1228 S. Casino Center Blvd., Las Vegas, Nevada,
89104
Early January 2003- Early March 2003- 2104 Madera, Sacramento, California, 95825.
Mid-March 2003- June 2003- 1044 W. I" St, Reno, Nevada, 89503.

June--October 2003- 631 Humboldt St., Reno, Nevada, 89503.

November 2003- April 2004- 4263 Greenhorn Ct., Reno, Nevada 89509.
Apri12004-0ctober 2004- 1044 W. I" St, Reno, Nevada, 89503.
October 2004- April 2006- 1255 Jones #132, Reno, Nevada 89503.
May 2006- February 2007- 945 W. 12 St., Reno, Nevada, 89503.

Section 16- DAYTIME TELEPHONE- (775)338-8118. An alternate telephone number

for me is (775) 747-4346.

SecIioo 3.3- RESIDENCE IDSTORY-

-.3
.JODI

September
2002- D ecember 2002- 1228 S. Casino Center Blvd., Las Vegas, Nevada,
89104
2003- ElM
Early
January
Mid-March
2003
ary arch 2003- 2104 Madera, Sacramento, California, 95825.
- June 2003- 1044 W. I" St Reno Nevada 89503
'
,
,
.
J une-0 ctobe 2003
November 2~03 - 631 Humboldt St. FRT, Reno, Nevada, 89503 .
April 2004 0 - April 2004- 4263 Greenhorn Ct., Reno, Nevada 89509.
- ctober 2004- 1044 W. I" St, Reno, Nevada, 89503.
~ctober 2004- April 2006- 1255 Jones #132, Reno, Nevada 89503 .
ay 2006- February 2007- 945 W. 12ili St., Reno, Nevada, 89503.
Section 4.2-EMPLOYMENT HlSTORYI am not currently employed. 1 am looking for work as of February 15th, 2007.
Employment that lasted longer than six. months which was not law-related:
Name of Business: Zachary Coughlin's Memory Foam Mattresses and Pillows

Supervisor: Zachary Coughlin

Street Address: 1044 W. I" St.
City: Reno
State: NV
Zip: 89503
Business Telephone: (775)338-8118
Your Position: Owner and operator.
Length of time employed, from and to: I ran this business off and on from approximately
October 2003 until early 2005. This business was not always actively conducting business

during this time.

Reason for leaving: 1 sought more consistent employment
Updated law-related employment since my eighteenth birthday:

rn the Committee of Bar Examiners' "Response To Application For Admission" it is

written that I failed to disclose my law school employment and termination. I did not feel
that working as a front desk attendant at the law library, where my duties included
checking in and out books and shelvi?8 ~ook~ consti!uted law re~ated employment, as
described in the moral character apphcauons mstructlons to Section 4.2. Further, it was
lief that ] had not worked at the law library for "'onger than six months" (the
be
my
< I' .
instructions
for this section callIor
Istmg em~loyment that" ... lasted longer than six
") J was not employed at the law hbrary for an extended period during the
mon ths.. .
.
winter
break. from classes in Dece.m~er 19?9 through January 2000: I ~o not believe the
'ption of the change drawer inCident In the Response To Application For Admission
. put an 'I owe you " note m t he lib rary ' s change drawer at the end
d. escnt;< Iy accurate 1 did
Isenue
'.
.
.
.
of my closing shift one rught.tbat expla..med that I was borrowmg $10.00 overnight. 1
retUrned early the next .morrung and gave the front ~esk clerk back the $10.00. I rea1ize
this showed very poor Jud~ent. ho.w~ver. I d~ beli~e the facts.show that this incident
w not described in suffiCient detall In the Cahfonua Bar Exarruner's Response. I believe
I
let go from the library due to this incident and poor perfonnance in general of my

:as

l.

daily duties.
I my original moral charac ter app I"IcatlOn I hsted
Perry & Spann as my current employer.
In
.
Ewas employed there from June 2002 through early September 2002. Alan Westbrook,
. sq., my supervisor there, told me 1 was let go due to the unexpected delay in becoming
licensed to practice law in Nevada. Mr. Westbrook told me that I had done a good job

and that he would provide a good reference for me.

Name of Business: Law Offices of Thomas J. Hall, Esq.
Supervisor: Thomas J. Hall, Esq.
Street Address: 305 South Arlington Avenue, P.O. Box 3948
City: Reno
State: Nevada
Zip: 89505
Business Telephone: 775-348-701\

Your
Position: Legal researcher
Length oftime employed, from and to: 1 have performed legal research and writing for
Mr. Hall at a variety of times between May 2003 to the present.
Reason for leaving: I have been an independent contractor to my knowledge, as such, I
cannot say that I ever 'left'.

Name of Business: Hale Lane Peek Dennison and Howard

supervisor: Matt Hippler, Esq.
Street Address: 5441 Kietzke Lane, Second Floor
City: Reno
State: Nevada
Zip: 89511
Business Telephone: (775) 327-3000

Your position: Associate Attorney in Litigation Group

Length of time employed, from and to: July 17,2005 to December 6", 2005
Reason for leaving: I was told by Tim Lukas, Esq., Hale Lane's managing shareholder,

that I was being let go because 'it is not a good fit' .

Name ofBusiness: Schuering Zimmerman & Scully LLP

Supervisor: Robert Zimmerman, Esq.
Street Address: 400 University Avenue

City: Sacramento
State CA
Zip 95825
Business Telephone: (916) 567-0400

Your position: I was hired to be an attorney, but my Nevada license was delayed, so 1

worked as a law clerk.

Length oftime employed, from and to: January 6", 2003-February 14"',2003

li

Reason
leaving' Leo Sc huenng',Esq.,
.
told me I was being let go due to the unexpected
delay in for
becomin

g censed to practice law in Nevada.

~ame of Business: Anderson & Morishita, L.L.C.
upervtsor: Robert Ryan Morishita, Esq.
Street Address: 2725 S. Jones Blvd., Suite 102
Ctty: Las Vegas
State: Nevada
Zip'. 89146
Business Telephone: (702)222-2113

Your Position: Legal researcher.

Length of time employed, from and to: 1 worked on an independent contractor basis on
several assignment between October 2002 and December 2002.

Reason for leaving: 1 took a fuJI-time position in Sacramento CaJifornia with Schuering
Zimmerman & Scully.
'

Section 6.1- Have you ever been in business for yourself'?

Name of Business: Zachary Coughlin's Memory -Foam Mattresses and Pillows
Supervisor: Zachary Coughlin
Street Address: \044 W . I" St.
City: Reno
State: NY
Zip: 89503
Business Telephone: (775)338-8118
Your position: Owner and operator.
Length aftime employed, from and to: 1 ran this business off and on from approximately
October 2003 until early 2005. This business was not always actively conducting business
during this time.
Reason for leaving: J sought more consistent employment.
Name and Address of person who can verify such employment: Coe Swobe, Esq.,
(775)322-2154 ,3 Bret Harte St., Reno, Nevada, 89509.
Section 8.1 Credentials and Licenses:
Issuing Authority: Unit~ ~tates Patent and Trademark Office
Mailing Address: Commissioner for Patents, P.O. Box 1450 Alexandria, VA 22313-1450
Licensed as a patent agent since May of 2003 (though upon becoming an attorney that
may noW be classified as a patent attorney.
License or agent#: 53,905. I am listed as an active agent on the USPTO.gov website.

Please note: the instructions for the section do not setm to call for listing my mattress
business license, as the procurement of it did not require proof of good character and or
examination.

section 9.1 A: The California Bar Examiners denied my application to practice law 2006.
The reasoning for this and the explanation of the circumstances of this denial is known to

.; (l 0 4

the body 10 which lhis updale is being sent.

Section
"1 action
. In
. connection with shipping charges related to
m mattr9.1 C'
b" I was sed'
U
In a elYI
y
ess usmess (Washoe County Case NO. REV 2005-000301). Smalls claims
acbon agamsl applicant fo r non-payment 0 f shippmg
..
'
' 'ff'In
services.
Judgment Iior PIamtl
Iheamounlof$5,161.00.
Section 9 .1 E:
Washoe County Dist Court Clerk
75 Court SI
Reno, NY 89501
Date of Charge: 2005 (I have not been able to ascertain the exact month this suit was
filed).

Section 11.2 and 11.3-ClVIL ACTIONS AND ADM1N1STRATrvE

PROCEEDINGS/nJDGMENTS FILED AGAINST APPLICANT
Yes, I have been a party to a small claims action against myself. I was sued in a civil
action in connection with shipping charges related to my mattress business (Washoe
County Case NO. REV 2005-000301). Smalls claims aclion against applicant for nonpayment of shipping services. Judgment for pJaintiffin the amount of$5, 161.00.
Also, I bad two apparently simultaneous unlawful detainer actions filed against me for my
apartment at 1255 Jones #132, Reno, Nevada 89503. Washoe County Cases No REV
2006-000909 Gudgment for Plaintiff for $660.00) and Rev 2006-001396 Gudgment for
Plaintiff for $720.00)
Section 13 . I Scholastic Discipline
I did not believe being let go from my position as a check out clerk at the UNL V Law
Library qua1ifjed as having been "dropped, suspended, expelled, or otherwise disciplined"
as described in the instructions to this section.
Section 13.5 Past due debts:
1 incurred debts in addition to the unlawful detainer actions mentioned in Section 11.2.
Steps taken to address the debt: I have tried to get my law licenses in California and
Nevada so that] can repay these debts and to work my program of recovery towards the
same goal A description of each debt follows:
AARGON AGENCY INC
Address:
3025 W sAHARA AVE
LAS VEGAS, NY 89102

Account Number'

[1 (j

2010014403
Original Creditor
SIERRA PACIFIC POWER
Status' Coli '
COMPANY
,
eelton account, $470 past due as of Oct 2006

AFNl, INC
Address:
PO BOX 3427
BLOOMINGTON, 1L 61702
Account Number'
2010830230
Original Creditor'
CHARTER COMMUNICATIONS
Status Collection account. $148 past due as orOCI 2006.
CHASE
Address
800 BROOKSEDGE BLVD
WESTERVILLE, OH 43081
(800) 955-9900
Account Number:
441716302291

Status: Account charged offi'Past due 180 days. $824 written off'. $824 past due as of Jan

2007
COLLECTION SERVICEiNE VDA

Address:
777 FOREST ST
RENO, NY 89509
No phone number available
Account Number'
4170660000329713
Original Creditor'
DIGESTIVE HEALTH CENTER
'on account $133 past due as of Dee 2006.
.
Status: C 0 Ilectl
COLLECTION SERVICE/NEVADA
Address
777 FOREST ST
RENO, NY 89509
Account Number

006

IZ....

4170660000336519

Original Creditor:
DIGESTIVE HEALTH ASSOCIATES
Status: Collection account. $419 past due as of Jan 2007.
COLLECTION SERVICElNEVDA
Address:
777 FOREST ST
RENO, NY 89509

Account Number:
5200660000319051

Original Creditor:
RIVER ARMS APT (This represents the same debts as those in the unlawful detainer
judgments)
Status: Creditor cannot locate individuaVColiection account. $1 ,532 past due as ofNoy
2006.
CRED PROTECTIONS ASSOC

Address:
1355 NOEL RD SUITE 2100
DALLAS, TX 75240
No phone number available
Account Number"
1307143532
Ongina1 Creditor:
CHARTER COMMUNICATIONS

Status: Collection account. $267 past due as of Jan 2007.

MACYS
Address
9111 DUKEBLVD
MASON, OH 45040

Account Number"
450306229 .
Status: Closed/Past due 150 days_ $55 past due as of Oct 2005.
NCO FlN/99
Address
507 PRUDENTIAL RD
HORSHAM. PA 19044

--~---

No phone number

_ _,"",- ." ... Itl '1'/1, ... _

Account N b aVailable
1365
urn er'

Original Creditor:
NCOI ASGNE OF

Status Collectio WELLS FARGO

n account ' $1 ,845 past due as of Jan 2007
REVCARE, INC
Address:

5400 ORANGE AVE STE 200

CYPRESS, CA 90630
No phone number available
Account Number"
REVPW ASO 166844883
Original Creditor:

RENOWN REGIONAL MED CTR

Status: Collection account $1,200 past due as of Jan 2007

WELLS FARGO BANK

Address
POBOX 5445
PORTLAND, OR 97228
(877) 778-5697
Account Number"

549095000591 .

Status: Account charged offJPast due 150 days. $1,497 written off $836 past due as of

Nov 2005.
Section 16.1- Accounting for time:
The periods that are not accounted for are due to being unemployed and seeking work.

have had many jobs that were not law-related and lasted less than six months.
This concludes my update to my original moral character application. For your

consideration, I am enclosing a packet of signature pages that detail some of my

attendance at meetings directed towards my recovery_ This list is not entirely complete as
some pages were damaged and many meeti~gs were attended without gathering a
signature. f apologize for the lateness of this update.
Sincerely,

Zachary

COUghlin~ I'

\.. L<7t.-'JM
' ~jAv'-""\
<

1108

- - - --

_ _...---""111" ,>1 '"' . .:.;!...

No phone n b
A
urn er available
CCOunt Number"
1365 "
Original Creditor"
NCOI ASGNE OF
Status: Collect'
WELLS FARGO
Io n aCCOunt . $ 1,4S
8
past due as of Jan 2007.
REVCARE, INC
Address:
5400 ORANGE AVE STE 200
CYPRESS, CA 90630
No phone number available
Account Number-

RE\TPVVASOI66844883
Original Creditor"
RENOVVN REGIONAL MED CTR
Status: Collection account. $1,200 past due as of Jan 2007

VVELLS FARGO BANK

Address:
POBOX 5445
PORTLAND, OR 97228
(877) 778-5697
Account Number"
549095000591. ,
Status: Account charged oIDPast due 150 days. $1 ,497 written off. $836 past due as of

Nov 2005
Section 16. 1- Accounting for time:
The periods that are not accounted for are due to being unemployed and seeking work. I

have had many jobs that were not law-related and lasted less than six months.
This concludes my update to my original moral character application. For your
consideration, I am enclosing a packet of signature pages that detail some of my
attendance at meetings directed towards my recovery. This list is not entirely complete as
some pages were damaged and many meet~gs were attended without gathering a
signature. 1 apologize fo r the lateness of this update.
Sincerely,

UlltJ

Zacharias Cau hi' I

Friday Se t 9 In zachcoughlin@hotmail.coml
mtralos@ p ~mkber 07, 200111 :32 AM
qUIT andtratos.com

000158

:ar Professor Tratos,

have spent the past few h
wever since I have recent~ur!o~rYing
trac k ,down a copy of my paper,
lJTLputer I s mother board frie~ I ed res~dences 1n the pa s t two we eks and my

11 keep looking

I k

have not been able to track down a copy

.
now 1 did t
.
.
.
~~er atop it and a request th
~rn my paper 1n , 1t had my s o ci al s e c ur ity

;8S0ns for this being I b I' at 1t not be used for any online posti ng , the
,ne anonymously (particula~lleve the law school grading exercis e is best
1 class) and because the
Y ~here employees of t he profess or a re ta king
:mld want it to be ut on g~alJ.ty of my ,paper ~as not of the level t h at I
ri'te the so t
f
P
d~splay. 1 s~mply d~d not have adequate time to
~amination ~s ~eliaper I ~m capable. of, for I ~as prep~ring to tak e the Bar
.
An
as tak~ng 6 cred~ts and try1ng to ll.ve at, t he pove rt y
l~e.
.yway, I do not know what is done in this sort of situation . From
~uroemal.l, I a~ not even sure if the copy of my paper I turned in is still
y ur pO$seSSl.on, I have heard that grades were due the 3rd, then t he
:lth.
I am sure I speak. for William Ho rne, another student in the class who
s graduating this December when 1 say we would lik.e to get our grades as
oon as possible as we need t o know how many credits we must take to
raduate this December.
n another note, I sure did enjoy your class and wish I could have taken it
t a different time in my life.
The class was probably one of the one or
wo best classes I have had, covering such a broad range of vital subjects .
ctually, I have aspirations of going into intellectual property law, taking
he Patent Bar Examination (I have a B.S. in Biology). 1 have emailed Mr.
ok-Boychuk for some general guidance . Though I was ranked 14th in my class
time your firm came around for interviews, I don't think I got one ,
) currently examining the possibilities of opening a solo practice
1 pass the Patent Bar, practicing gene r ally in the area of
ntellectual property with some emphasis on entertainment law and a spe cial
ocus on the recording industry, perhaps running a record company (I a m a
c.rnposer and recording engineer) . Anyway ,. I spoke with th7 Oavid.M7 eks , ,the
lirect.or for the Institute of Patent Stud).es and he was qu).te fam).ll.ar Wl. th
'our firm and its prestigious reputation, assuring me that Las Vegas woul d
,e an excellent place to pursue such a livlihood .
,et me know what I need to do . Thanks.
;et your FREE download of MSN Expl ore r at h t t p: //explor e r. ms n. com/ intl. a sp

00 I

Catherine LUGe

~riday, Sep~ember 07, 2001 3:27 PM

000159

28Chcoughlln@hotmail.com'

paper

)snk. you for your responsive e-mail and for the kind words. We have no papers that were turned in without a student
Ime on them, at least of which we are aware. Perhaps you can help us out by providing us with some more clues.
'hat was the topic? What was the paper's tille? What was the lotal number of pages? Where did you do th~ paper? Do
lU have an e-copy? Is it on your lap top? Unfortunately, I have no choice than to assign an incomplete until we can
3ck it down.

ark 1ralos.

00;.:

Zacharias Coughlin IzachCoughlin@hotmail.comJ

F riday, Se ptember 07,2001 3:57 PM
To:
CLuce@quirkandtratos.com
S ubject: Re: paper

Dear Prof. T ratos,

My paper was a case not e or case comment on the Tasini v NY Times case J believe was the name it
was around 18 pages, depending on the font of course, and the case was th; one that was just decid~d
by the U.S. Supreme Court, and entailed matter relati ng to copyright and authorship of articles
originally printed in a magazine or compilation and then sold piece meal to infonnation stations like
lexis. My paper detailed the majority opinlon and provided some background on this SUbject. I know
of at least one student who can verify that] turned this paper in. His name is Mike Destefano, he is a
police officer as well. ] placed the paper atop the lectum wjth the others. I'll keep looking for it. I
don't know what the protocol is in such a situation. Again, my sociaJ security number was written atop
the paper, as was done in all other classes] have taken. I don't know how this type of situation
typically plays out, hopefully we won't have to fin d out, however, ] have heard that the total .
percentage of our grade that this paper addresses had been changed fro m 40 percent to something
around) 5 percent. Perhaps assigning me a pass/fail type grade would work out .

~(.le...
.

~
J

J 'fu.. V
'f< .... J~
04 .... H""' (;1V'-<. ~
'-' Lv. 'f I "i'"
>Subject: paper

J!

. 71 t<..t~ - SOo/"'...j y"'"'" cpV\..'

-;>< G~~ iJj '~W.e ~
I
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. U' '''
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10/c> , - f

~".....
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9" <) ~O
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>Date: F ri, 7 Sep 2001 15:26:31 0700

>MIME-Version: 1.0
.
(32)th ESMTP 'd
.
fr
[205 158 212 114) by hotmail.com . WI
I
>Recelved: am
'09A4136E808CD9ED4720FI60; Fri, 07 Sep 200115:29:09.0700
MHotMailBD629534~th Int ernet Mail Service (5.5.2653.19)id; Fri, 7 Sep 2001 15:26:37 -0700
>Received: by MAlLk dtratos.com Fri, 07 Sep 2001 15:30:40 -0700
>From CLuce@qUlT an
>Message-ID:
Mail Service (5.5.2653.19)
>X.Mailer : Internet
>
>Zach,
>
. e mail and for the kind words. We
have no
r.
>Thank you Jor
you r responsive
.
. h t a student name on them, at Ieast 0 f W hi ch
turned In Wlt ou
. .h
>papers that were
help us out by providUlg us WIt some more
>we are aw are. Perhaps ~~~ ~at was the paper's title? What was the total .
was ?the
top d"d
do the paper? Do you have. an e-copy? )s It
>c1ues. \Vhat
f
Where
I you
>number 0 pages . nfortunately. J have no choice than to assign an
>00 your lap to~? U
ck it down.
>incompJete until ~e can tfa

::~~------------------------~003

000161
zachcoughlin@hotmail.com
Your paper

sci<:
-hank you for the quick reply, Sorry you were misinfonned. the paper represents 40% of the grade. We received
veryone else's papers. Please try to find it in your lap top. II would be hard to give a pass/fail grade with no input on
0% of the grade.
.

Aart Tratos

..

Zacharias Coughlin (zachcoughlin@hotmail,com]

Monday, September 10, 2001 5:00 PM

To:
CLuce@quirkandtratos,com
Subject: Re: Your paper

000156

[)

Dear Mr. Tratos.

I am confused at this point . 1 have I00k ed everywh
.
. or in hard
efe lor a copyr
of my paper
be It on disk
copy fo.~ elsewhere. AJas,] am unable so far 10 find a copy of the stage oft~s paper at which]
turned, It In to you. Some notes and a preliminary draft, yes. Frankly, this entire siruation is quite
upsettmg. to me. ] am set to ~raduate in December, ] worked hard on this paper for cyberlaw, and the
plesent cITcurnst~ces make It unclear to me the status of my grade in this class, my prospects for being
accorded the credit I deserve, any changes the current circumstances may present for the manner in
whlch my paper~ should it be recovered, shall be graded. Further, J am unclear as to the level of
involvement the law school administration should be assuming in this matter or the protocol for
situations such as this .. ] am sure, however, that] on the day the pa-per was due, July 15, I believe, I
went to the class meetmg for Cyberlaw, turned in my paper on the tasini case (roUg~8 pages
worth, well over the required 10-12), was witnesse~-uming this pa ; er in,y.nahad sever conversation
students regarding the apparent lack of anonymity,' volved in an e cer iSe that was wo h 40% of our
grade. I also remember commenting,] believe to . illiam Horn
'8 Bourke, t t] was
surprised the typical procedures for retaining anon' ty- m th
ad
not being
followed partiuclarly in light of the fact that one of the professor's employee s was taking the class.
in li~ht of the s~andard law :finn practice of extolling t~e vi.rtues o~its new hires (law re~ew, .
list etc.) in eIther firm pamphlets or on a finn web site biographical sketch. A potentIal conflict
oT interest' seemed apparent. This] mention because it lead into a converstation with the
~
e tioned students that detailed why I was not putting my name on my paper, but rather my
onn n urity number. I believe several students saw me writing my social security number on my
SOCI al sec
.
",.- - r : - :-:--':r
h .
.
Thi s further evidence that J turned m a paper)"rftuat (Jay. n wever, sue clfcumstantlal
er
pap .
sid pot even looked at when considering -flat an eye witness exists would did see me turn in
e'\1 dence nee
.
.
earlier email indicated this student,
chael Destefano, as police officer and would
my paper. M Y
.
~~~::"-_ _ _--;7'
an est that he did, in fact, see me tum m a paper.
d' tal copy was to be turned in by me, as] had already made clear my wishes that my
Further, no 19ldded to the firm/classes web site. 1 could think of no other reason for a professor to
paper not be a
request a digital copy of a paper.
Id' t like to underscore the reason for my concern here, the role this situation plays in
.
Fmally, 1 wou f Jusduating this December. Of course, I suppose it would be prudent for aU students to
my prose~ts of ~aassignments that are to be turned in. However,] would imagine that I would have
~eep COP1~~ 0 resent such a copy had I been asked to sometimes soo~er than a full 4 days after grades
.;en able ~sted. Nonetheless, oul of deep respect for the fantas~lc ~yb~rla~ class presented, I
ere \0 be p. \""t J would dOJust about anything to help resolve this Situation m a way that will work
would subrrut U'"

h Ii
om fOT all involved. Should this lflcJ~de havms, mehS0alto t e.e art thO reconstruct my paper or a
djfferent
entirely, I shall be obhged. Or m t e h,elrnatlve , pel' dap~ s.ome .alternate method of
grade can be agreed upon. Pcrhaps t e aw sch00 a nurustrahon already has
est~1ished for situations such as this. ] will assume that is a matter for a professor to
and not for a student. Please, let me know ifl am incorrect.

"

000157

What) think would be really unfonun

. "
.
.
inquiring about a chain of custod for ~te lS or this cntlIe situation to devolve to the point where I am
"'m any sort of action On OUr Y
he p.aper~ and ~ other COncerns that would naturally flow forth
Y
part that nllght JeopardIZe my class standing and graduation schedule.

In conclusion, please let me know what I need to do next.

Thank You, Zach Coughlin

>To: "'zachcQugh1in@hotmail.com'"

>Subject: Your paper

>Date: Fri, 7 Sep 2001 16:30:57 -0700
>~flME-Version: 1.0

>Received: from [205.158.212.114] by hot mail. com (3.2) with ESMTP id

MHotMailBD62A3B200994004388ECD9ED47205850; Fri, 07 Sep 2001 16:30:58 -0700
>Received: by MAll. with Internet Mail Service (5.5.2653. J9)id ; Fri, 7 Sep 2001 16:30:58 .0700
>From CLuce@quirkandtratos.comFri,07 Sep 200116:31:43 0700
>MessageID:
>X-Mailer: Internet Mail Service (5.5.2653.19)

>
>Zack:
>
>Thank you for the quick reply. Sony you were misinformed~ the paper
>represents 40% of the grade. We received everyo~e else's pap~rs. Please
to find it in your lap top. ]t would be hard to give a pass/fail grade
no input on 40% of the grade.
~,;J"'",rk Tratos

FREE
Get your

9/10/01

download ofMSN Explorer at http://explorer.msn.com

ClOS

(
Z8chcoughlin@hotmail.com
Your paper
/

.-'

t threatening
"\
e students who took the c S5 and I
f;;e;... I a n~ was surprise~ by its 10n,e and content. 1have an obligation to all of
ke the matte r up w ith the A
~
simply Issue grades without haVing a basis for them If you would like me to
~fore the matter escalat es to a~:ss ahon 'th1 can talk to Dea n Morgan about how he would like m~ to proceed. However,
- .
ue at a\ level, allow me to provide you with more information .

ust ,ecelve your somew

nee ),ou did not attend every class yo

nh
, ted everyo
t
'd
, u may we ave been absent from the class session where 1explained why
c:I~

~e 0 prov! e a hard copy and an eiedronic version of the paper. 1was going to be out of town for a

enod of time In late Ju~y and e~r1y August, and jf it were provided to me electronically, I could load it on my computer
nd r~ad the papers whl'~ travehng. When a professor asks you to provide both a writ1en and an electronic copy, I would
,10k It would be appropnal~ 10 follow the instructions rathe r tha n simply ma ke unilateral assumptions and decisions
ased upon t~ose a:s~mphons. ~evertheless, not only do we nol have an electronic copy of the paper, we do not have a
ard c.opy of It, and illS my desire that your successful law school career not be unduly delayed by this inconvenience.
cc.ordingly, 'will be happy to pay for the cost of having the electronic form of your pa per retrieved from your computer's
ord drive in order that we may get your paper and gel il graded. Even whe n mother boa rds are fried, papers that are
aved on the hard drive should remain intact. Even damaged hard drives can have maleria ls retrieved from them by
sing the proper software. Therefore, it is my oHer to pay for the cost of retrieving the electronic version of your paper
'om your hard drive. If you need assistance in locating someone to help you retrieve it, we can provide you with a list of
am happy to help you, but ultimately the responsibility for keeping copies of your,work rema ins with you a~d you can not
impl attempt to shift the burden of maintaining a copy of your work to us. Even If there are ,others who Will swear,that
he :aw OU tum in your paper, that does not help me grade it, nor does it help me assess fairly your paper grade In the
Y
Y
I
b' ed 'lass grade is done without me knowing because the fin al was taken by student I,D. number
lass. The t01a com 10
....
.
'
tell what everyone's class standmg will be.
prefer that I ask the Administration what is, necessary in order for you to shift to a pass/fail, I can also
,xplore that avenue , but I would prefer 10 actually receIve the paper.
rhank you for your c.oop

eration and cour1esies as an intended professional.

'l! 0 7

Judy Sellin

000163
zachcoughlio@hotmail.com
Cyberlaw Class
Zach. Please send me another copy of your paper. Many thanks.
Mark G. Tratos
mtratos@quirkandtratos,corn

'IG[

...
Catherine Luce
From:

2ach'
T

anas Coughlin [zachcoughlin@hotmail,coml

hUrsday. September 13. 2001 9:56 PM

Page I of7 ~_...

CLuce@quirkandtratos,com

Subject: my paper situation

Dear Professor Tratos,

Please accept my hwnble apologies for all that offended you in my last correspondence. 1 sbould very much like to
accept your otfeT in regard to my hard drive. Alas, J cannot guarantee I saved the paper 011 the hard drive, I simply
canno', remember, Also, I would require that my privacy be maintruned at aU time, once the appropriate baiUce is
detennined. In that regard, J have recently been trying to gel a data recovery performed for Oilier reasons. No business in
town is capable of what is required, however I have been in talks with a California company. OnTrack, at 1800.872.
2599x 4111, spoke with a John K. Apparently such procedures are very expensive, but thai is a relative determination, of
course. In any event, I do have this vcry rough dr.lft which I am enclosing. 1 would lIever twn this paper in to you in
normal circumstances. Of course my final drnft, the one that has been misplaced, contained the appropriate spell
cbecking, formatting, blue-booking, tone, content, and maturity that is required. Ofcoursc, what follows is a different
maner. However, I cannot be SUle that it would be some sort of violation oflbe honor code for me to make changes to
this draft. Let me know what you wish for me to do. Finally, I ask that you look into getting my grade changed to a
passffail determination in light of the above circumstances.
please accept my apologies and know thai my thoughts are with you, as they are with all peace loving human
during these troubling times.

Sincerely,

lach Coughlin

Better Inclu d e a D efiIn Hion of Revision Next Time: The New York Times Company, Inc. v
Tasini, et aI.
Introduction
Cess passed Section 201(c) of the Copyright Act, which provides that,

A quarter of a century ago, on,grh contrarv any author who contributes a piece to a "periOdical issue"
oreement to e
' J'
'
.c, of the
absent an th
express
a_ . war k'"'!ling
under
Section ]01 of the Act, shaU relam
owner:;JlIp
"collectIve
la

or some 0 er _,
. ht 17U S.C. Section 201(c).
contributed artIcle s copyng.
.

ill d 'l'n U.S. District Court, alleging that the actions of a group of
In 1993 a group ofauthords,: e ~Ugi tlhe republication of the author's coyrighted articles in several
1..: h include ucensl.ll
d
infiin'
h
th
publisbers. WIUC, _
d di 'tal database recovery, arnounte to an
gement on t e au or's
forms, one ofwhich.mcIude F ~u 804 806 (S.D.N.Y 1997). The authors argued that the
copyrights in the articles. 9?~ th pp tectj~n of Section 201 (c) of the Copyright Act because the
publisher's action do not elicit. e prooductions and distributions of articles the author's retain
i;~~;
.,
' 1 es WIU
L'ch are su b stantiaUy
.
'
are m aking elcetroruc
fr repr
, ding works and as compliatlons
0f
artie
- . theformof eesan
. .
, 1..: h h
'c1
d'
'.
lll, 111 _
com parisian to the periodical Issue m WIUC t e arb e rna e Its angInal
.
ucoIlecfive
works " l.Il

9/14/01

(IG~

p~ance. I~

bn 821-824. .

simiIiar electrOnic dat b . The dIStrict coun found < h '

a ases We " '.
lor t e pUblish ers h

"gC~UII

000150

~y such inclusion in the re rev]'SlOns" of the periodical issue , .o~ding that NEXIS and

),~;".,,,.,;, reversed the district c databa~e. was befitting of protection US resldmg ,within the databases and
reVJ slon of each edition of th oun .OpnllOn, holding that the database~~erSectlon 201(c). The Second
wnte of certiorari, Justice ,e penodlcal that it encompasses. 206 F 2 chons cannot be said to be a
databases holding individ ~sburg of the Supreme Court held th . C~61, 168 (CA 21999). On
li as pan of" "reVJ"
II
ua articles from a multitude of ed' 't'
fat
ROM and electronic
Slons of" d' ,
I IOns 0 pe'd 'aJ
works. New York T
ill IVJdual articles under the Copyright A
n OCI s could not be described
lI11es Company, Inc. v Tasini 150 L Ed 2d 50cOt sectIOn governing collective
=
'.
(2001)
~ CoPyri~ht Act jUrispru dence, Tasini is e. sil "
.
Co~ COU~ s lnte~retation of the language Of S~:~~~~e rnamstream of.Suprem~ Court precedent.

~esslOnal ~~ory relating to thi s section F

. (c) oft~e Cop;:n~t. Act IS consistent with the
multItude of edItIOns ofpe'd . I
ld
. mally, 10 concludmg that mdlVldual articles from a
d h
n OCla S cou
not be described II
f'" "
un er t e Copyright Act sectio
.
11
as part 0
revISIons " ofindividuaI articles
rnmg
truth that reproducing a freestan :ove
co ecti~e w?rks the court recognizes correctly the plain
a collective work . Jd at 2393 ; m~ copy~fan a~l.c~e IS not tantam.ount 10 distributing a "revision" of
relevant issues, it is well decid~d.urt er, W e Taslfl) IS correctly deCided, more importantly, on all
First, t,he Cou~'s statutory interpretation is on the money. Moreover. the Court's discussion of the

Copynght Act IS meas~r:d and thoug~tf~ul, lending a wise eye toward futu re developments in this area
~nd a seasoned appreciation of the. poli~les ~nderlying the United States practice of issuing copyrights
U1 the first place, to promote the dlssern:natlon of useful informat ion and suppon authorial rights.
Moreover, the
lamely analogu,e the present situati on to Sony Corporation of America v .
u,;~~~~~:~~~; incredibly, arguing that all infringing and distribution of the anicles tbe authors
t;
is
done by the individual NEXfS subscriber. arguing that she is the sole infiinger.
However, the Sony Court made it clear that the publi shers actions in the present case amount to
infringement, for Section 201(c) itself provides that an author's exclusive rights encompass not oruy the
"exclusive right" to reproduce and carry out distrubution of a copyrighted work, but that "an infringer
is not merely one who uses a work without authorizati on by the copyright owner, but also one who
authorized the use fo a copyrighted work without actuaJ authority from the copyright's owner." Sony,
464 U.S. at 435 n.l7.

out factu al and procedural background to the issues raised in Tasini and details
N tes sets
P art J 0 f t hiS
O .
..
P
'
h C rt'
aJ' fth e
.
fthe majority
and dissentmg opmlOns.
an D
exammes
t e au san YSls 0

~he ~e~so~gd ~'collective works" issues in greater detail and then discusses the Court's succesful
reVlsI~n aD h
nfl'ct between authorial rights and furthering the dissemination ofusefuJ
resolutIon af t e co J
informat ion.
1. New York Times Company,. Inc. v. Tasini

A. Factual and P rocedural Background

1993 wrote wrote and contributed 21 articles to a group of

between 1990 an d
,
.
. h
'cl
h
A ~o~p of aut. ors,
asini at 2381. Among the digital database~ III which t. es~ artl . es were
pen odlcal publisher'S. T
hi h stores articles from a multitude ofpenodlcaJs m a database
retrievable was L~XIS!NEXI~h w ~ file having its own individual file identifier. Id. at 2382. The
as an indiVIdual file, WIt ea d d fixed in electronic form in a master file comprised of millions
an
d.
ed
th
E XIS/NEXIS are store
.
ofL.
LEXIS subscriber enters his password an IS grant acces to e
.
artIcles. Id. When a
I

9114/ 0)

DI 0

.Page 3 of7

000151
database, he ,
IS not exposed
to
. 1d . .
.
.
work that printed it. Id .
a VlSua eplctlOn of the artIcle as it existed in the original collective
authors filed suit chargm' g c
a1

~n.e

' h ' I"

d"
opyng t Via allons m the publishers' act of placing the anicles as stand
repro Uchons availabe to dOwnload from the databases. In response the publishers cited the

pnvile~e bestowed ~pon the owner's of copyrights of collective works by Section 201 (c) of the
COP~gh.t Act. and Its 1?76 amendments. That Provision reads: 10 copright in each separate
~o~tnbu.tlon to a collective work is distinct from copyright in the collective work as a whole, and vests
mtua~y In the aut.hor of the contriubtion.ln the abscence of an express transfer of the copyright or of

any. nghts under It, t?e owner of copyright in the collective work is presumed to have acquired only the
p~~ge of reproducmg and distributing the contribution as part of that partiucJar collective work, any
reY1S10n of that collection work, or any later coiJective work in the same series." 17 V.S.c. 201 (c).
The District Court ruled for the publishers on summary judgment, holding, inter alia, that these
databases reproduced and distributed the articles writtten by these authors, and fell within the purview
of the exception created by seciton 201(c), by distributing these anicles "as pan of... [aJ revision of
that collective work" to which the author's initially made contributions. However, the Second Circu it
reverses bestowing up the authors a favorable ruling for summary judgment on the basis that the
databas~s were not among the "collective works covered by Section 201 (c), and specifically, ~ere not
"revisions" of the periodicals in which the Articles first appeared." Id. at 2387-2394. The publishers
appealed to the United States Supreme Court, and cert. was granted.

.
.
. b
' P"'0
for the Supreme Court of the United States holds that electronic and CDlJll
.
Justice
Gins
urg
s
ld
d"
'dual articles from
several
editions ofperiodicals
were not
distributed and
ROM databases ho Lng m IVl

.
.
h h
' I
ok
"s art of' "revisions" of the penodlcallss~e ~o.m whic . t e artlC e was t en,
"
reproduced
a
P
li
h
f
riodicals
cannot
relicense
mdlVldual
articles
to
databases
under
Section
quently pub s ers a pe
..
. .
'd h
conse
,
. h Act which addresses collective works. The maJonty opuuon aVOI s t e
201(c) .of thedC:-opyng
t
,
t of the issues presented in the dissent. The Court first addresses the
Incomplete
statemen
.
d'
h
nfu
co Slon an
h
d the presumptive privileges of their publishers by ad ressmg t e
the rights of freelance
orssurro
an undm' g Section 20I( c) of the Copyright
Act. The Court
tion ~ut
Issues
.
. addressed
bli h
s copyright ovmers of collective works, could exerCIse "the
statutory construe
the issue of whether the pUll s e~s. ~o "reproducer e] and distribut[ eJ " the author's copyrighted
privil~ge': Section 20"l{~) a h~~Sth~~ Section 201(c) does not. afford shelter to th~ publishers in the.
.
I d "eporoduce and distnbute stand
alone articles, rather than
m
contnbutiOn. The maJonty
.
.
h databases mvo ve ,
present case, as t e
f h
rt" ular "collective work" for which the author was a contnbutor,
cont--part "thereo
0 t e pf.a or
IC "as part of... any later collective work in the same series." As
......... and not as a ""
"as part of ... any reVlSlon
. 'd electronic publishers have infringed the copyrights of the authors
such, the majority holds the ~~t3~. 10 assessing whether the ar:icles written by th~ a~thors have been
in the present case. Id. at 2~,
rt of' a "revision" of the collective works, the m~onty focuses on
distributed and repr?d~~d t : ~:ers of the Databases. Jd. at 2390.
.
the articles as percelVe y

"
. .
the fact that the three databases present the author's articles to users
The majority based Its d"~cl~on ~~er the original periodical editions, as well as by any revision of those
of the context P!o: :oie~l that in NEXIS and the New Yor,k Times ~nDisc, ~rticle~ ~~ presented
. Id.absent
The maJo
ty hi
the grap
cs, fonnatting , and other articles which were mcluded m the uutial
the user

J0I I
8


np4~7
publication of the periodical'
hi h '

0 0 0152
hO:' such action could be ch:a:te~z:he artIcle Was p~blished. !d. !he majority simply could not see
anlcJes "as part oP' the on''';n I d"
d as a reproduCtion and dlstnbution by the databases of the
e>,-,.a e ltJonora"rev"
"fh
.,
.
,
refused to acee t an Y .
.
IS,lOn 0 t e ongl.Tlal penodical. Id. Further, the
as a revision ~ therr Inownterp~etahon ~hat mcluded construing the entirely of works in these
. .
nght notlOg that a " e "
"
.
verSlOn IS I'a distinct fann f
hin'
r VlSlon connotes a new verslOll, and that a
Third New lntemati
I D~ ~omet g regarded by its creators or others as one work" Webster's
ona IChonary 1944 2545 (1976) Th
"fu
'
t hese databases as a new v '
~ "
.' e maJonty re sed to view the entirely of
majority holds th t hi] erslOn?f each mdlVldual article that it contains. Id. at 2390. Further, the
a article
w . e each
may hear
proVl' des th at each
wa art]c1es
rt f h
'd"marks of its origin in a specific periodical this only
. . {;
s pa 0 t at peno Ical m the past or previously Id Additionally the
rnaJonty
sort of anal ogy drawn between the
and microlli
microfiche'to be
unpersuaslve pan lcularly whe c
'd"
h
. l".
'"

.
.
'.
n ons] enng t at ffil crOlonns show the art]c1es m "prec]sely the pOSitIOn
In which the articles ap peared in the newspaper." Id. at 2391.

~und an~

databas~s

a~d

Additi~naUy, the majo~ty found unpersuasive the oppositi on's argument that the concept of media
neutrality should proVlde that the 'transfer of work between media" does not "alter the character of" a
work for the purposes of its copyright law application. rd. at 2390. The Court relied on the fact that
transfer of the author's art icles into the databases represents something other than a mere conversion of
an intact periodical, or a revjsion thereof, from one medium to a different one. Id. The majority notes
that media neutrality cannot protect the author's right in individual articles where such articles are
presented individually, as free standing reproductions. Jd . at 2392 . Finally, the majority declines to
accept the publishers' argument that the present case parallels. Sony Corp of America v Universal City
Srudios, Inc. 464 U.S. 417 (1984), which held that the "sale of copying equimpment" does not amount
to contributory infringement where the equipment is "capable of substantial noninfringing uses." Id. at
442. However, the maj ority held that the electroni c publishers are not only selling "equipment", rather,
hey are seUing stand alone reproductions of the articles.
C. The Dissent

) ustlce
' S tevens, J"o'med by Just ice Breyer' berates the majority
for concluding
that
.
.
d" the publishers
" h h shall

Wit t e
' 'h ep ro,ection of Section 20J (c) of the Copynght Act. The .dissent
not receive
h
" Isagrees
h
h
..
Ii t h t Secti on 20 1(c) does not afford shelter to the publis ers m t e present case, as t e
maJonty's
~ ng d'reporodu ce and distribute stand alone articles, rather. than in"context, and
databases mvolve
f not as a
. I "collective work" for which the author was a contnbutor, as part 0 .. . any
.
pan..of the
part,cfu or
ar" as p art of.. . any later collective work in the same series." Id. at 2397.
"thereo
eth The dissent
.
reVlSlon .th
' . ri that a finding of whether a "revision" exists will depend on wh. er the artJ.c1e
agrees
the
maJ~,
ty xt" that it did when originally published as part of the collective work. l d.
appears m the same conte

v.:

0;

.
ful t
ote that the majority seems unwilling to recognize that the alterations in a
Justice Stevens IS carel
s've than those made prior to copyright law by the 1976 amendments
collective work much ess e'J: en,.] n To elucidate his disagreement with the majority Justice Stevens
L ' h _~
d
d
" similiar ciasswca 10 .
do not men a
_.
.
.
ssing the 1976 Act's amendments, WIllC il.l.l.ecte prece ent
"
, pnnclpal auns In pa
.
h
"ty' d'
,
f
.
orks. rd . at 2394 . The dissent then e~p1icates t. e maJon s. lSCUSSlon 0 what
cites ~?ngress
pertauung to collectl~e wh
' 'take two analytically thrilling narratives to explam to the reader
.. " tually IS C oosmg 0
f h
'gh , th
a "revlSlon ac
, .
fthe collective works created by the owners 0 t e cOpl)'l t In ose
why the electronic "verslO~s.o n fthose works within the meaning of 17 U.S.C. Section 201(c) " and
works (publishers) are reh"'''lo " o",'e databases of the revisions witb still more editions of the same
< gj!l'eJl.,;;on by tee ec ro
I
h
'
why
the a: or, indeed, other peno
. d'I cals, within a single database does not' change t e equatIon." Id. at
ori"di"a1

9114/01

cage.J ur

O~~

, Stevens sent his H d

Aft er Ju stice
'd
f
C
arvar educated law clerk to d
LEXlS
e\: l ence 0 ongress' true goal'
.
.
0a
or Westlaw search to turn up
' rUlci'p,01
I s m passmg Copynght Act he beca
fi
d
r'
goa 5 Congress had w'th
, m e xate upon at least one of the
appeared as pan of some large J ~esp~ct to protecting the rights offreelance authors whose articles
copyright law as we know 't / c~ e~tJve works. ld. at 2395. In adressing the policies underlying
a statute, did what most ani 'J ustlce tevens, in lieu of actually quoting some case law or interpreting
some people who probabl Yknvy L~aguer would do, he looked to Some scholarly articles written by
who wrote that co
. h ~ II ow etter than the electorate and picked this bon mot from Macaulay,
pyng
t IS a tax on readers for the purpose of giving a bounty to writers" T
M acau Iay. S peech es o n Co
yri h 11 (A Th
.
.
. .
up that "th t t
.
p g t
.
omdike ed. 1915). To this Justice Stevens quickly spins
a ax restncts the di ssemination of writings, but only insofar as necessary to encourage their
'
prod utlon., t h e bounty's basic b' .
1 H
1 kin
.
a ~ectlve. Id . at 2 40.
e suggests we somehow find support for this in
00 , g ~t the Urutes States Constituion, Article I Section 8, clause 8. You'd have to be more
perplcaclO~s than I, o r apparently t he majority of the Supreme Court 10 find support for such an
InterpretatIOn .
Finally, it .ap~ears that Justice Stevens is willing to venture into the hairy realm of case law to help
support his VIew on what the underlying p olicies of copyright law are. Now, 1 am too lazy to actually
look up the case and see ifit actually says this, and says it in the way that Stevens is setting it up (but
mind you I am living at the poverty line in Las Vegas and don't have some Ivy League kid to be my
fetch-boy and all, so .. .), but apparently "[t]he primary purpose of copyright is not to reward the author,
but is rather to secure 'the general benefi ts derived by the public fr om the labors of authors." 2401
quoting M . Nimmer & D. Nunmer, Ninuner on Copyright Section 1.03 [A] (2001) (quoting Fox Film
Corp. v . Doyal, 286 U.S. 123, 127 (1932) . Apparently Justice Stevens is only in favo r of paying the
court jester just enough to get by and, maybe, just maybe, send his kid to some piece of shit public
hool or something like that. Yeah, that would be nice for the plebes. But let's not forget that the
aissent takes great pains to point out that the desire to guard such authorial rights is certainly a worthy
sentiment. Id. at 2401.
Somewhere along the line, in the dissent's mind, protecting authorial renumeration became a narrow
goal to be achieved within the broader confi~es of en~u~g the "fi.md~ental g~al" ?f e~coura~g the
production of su ch articles. What St even~ falls to notl~e IS that, muchhlike the sItuatIon ImliPulblic
schooling with t h e people who o sually.wmd up becommg teac h ers, w en you par peop e tt e, you get
little Suddenly the fou rth estate is declmat~d becaus~ nobody w,ants to keep ~sking mo":, and dad,for a
' cover last month's rent , instead optmg. to go mto marketmg or some SIdeways shit career like
littJ eta
g od forbid. Much like someone who would advocate a Wal-Mart for books
tto rney
that O r anot h er a
,
.
d
d
h'
fhi
' '
d N ble isn't already) Stevens mlsrea s prece ent w en, In support 0 s take on
a
' ..
I.
I
h
f
. b
(like Barnes an
Section 20 1(c) he quotes: "private ~ohvahon mu: u tun~~~y se,:,e ~ ~ cause ~ pr?~tmg
blic availability ofliterature, mUSIC, and the ot er artli"l ,wli: nt let
enbturyh USIC om v Aiken,
PU
15 1 (1975) (who know who added the sas~y tt e Ita cs ab~ve. ut t ,e smart ~oney says it
422 U.S.
b ' Stevens and trying to really dnve home the pomt that he I S a popUlist at heart
wasJ'ustSteven emg
.
d
d h hood hi'
'"
'
pu Ie avatlablhty
of
ly shows that Stevens fails to un erstan t at r
awl Of course t hi sclear
.
.
"
I
'
Ie who are not bemg S1ven the renumeratlon or creatIve contra that true artists
works created ~erP~~ction with strings attached, will all too often yield scourges of no less a
des~e, but rat th
mbined careers of Nsync and The Backstreet Boys.
magrutude than e co

ro:m

ected to come from the majority decision? Wen, we can only hope that some of
Id b
P
So w hat ' shou
.
willbe cut, as 11
' seems Wlt
' h te
hn' se 0 f t he
' h e ex reative fat cats who run things
B
S ck
salanes ~o t e unc
~'tennet, they have become vestigial characters by now anyway. ut, u .com now asserts that

9114/01

rage

content no longer is nOr ev!

,

as

ki

or

0001.54

ng, so wouldn't get too excited.

Later Stevens goes on to doo

li I
vhilst waxing philosophic on ~sa~ a litt~. ab~ut the das\ardly future eff~cts of the majority's decision
majority's ruling. Id. at 2401 H:v:~ ~~ Ion ohn Keats O~e on a Grecian Urn would recieve from the
authorial rights.
.
p se? Ode on a Grecian Urn? No wonder he doesn't care about
Of course, Stevens pique
b
h
. .
of co y' ht I
was not roug t on merely by the maJonty's misundertanding of the true aims
ali p n~ a~, no rather, he also perfonned, or tried to perform, some of those magical paraUel
~e ty vu c.an ~d warp tactics the better law schools currently retail for about ninety-five thousands
. oUars. This entailed playing word games to come up with a reading of "revision" that could somehow
Ignore the fact that the ~rti~les in question are being presented as stand alone peices, devoid of the
context, and that comrrunghng can go a long way in changing something's ability to being a "revision."
Id .. ~t 2399-2401. Surely, Stevens realizes the staid placement and contextualization present in an
editIOn .ofThe Wall Street lournal has sacred importance. Now, I didn't go to the Columbia School of
Journalism or what-have-you, but J do know that these sorts of things matter. Don't send an academic
to do an intellectual's job. I believe a lot of rap-artists who commingled their own "flows" over "beats"
that where made by others were eventually made to pay the price for such infringements, and
consequently, the quality of rap music got a lot better. Can you guess why? That's right, because onJy
creative people were getting paid, not the make a quick buck con artists. Or business majors.
D. Let's Get Pissy Over the Meaning of "Revision"!
The publishers are making electornic reproduction and distributions of works in which the authors of
copyrights, making these articles available as freestanding works, and in compiliation of articles which
Ie completely different "collective works" in comparision to the periodical issue in which these articles
originally appeared, and consequently, the publisher's activities do not bask in the sweet purview of the
privilege created in Section 201(c). When considering the word "revision," the Copyright Act's
definition of "collective work," and the legislative underpinnings and policies present in this and other
Congressional Acts adressing copyright law matters, a later collective work should be considered a
"revision" of the first coUective work whence contributions of substantiallly the same kind and quality
as included in the first exist and when the second work qualifies as an amended version of the eariler
work, comprised of contributions that are of substanti~Uy the same in quality and kind. as ~hat
assembled into the prior collective whol~ as evaluated m terms of the selection, coordmatton, or
arrangment principles that guided the pnor work. Jd. at 2388-2399.
A. The Publishers Acts Exceed the Scope of the Privilege Bourne of Section 201(c)

Th

bli h rs argue they confine themsleve to reproducing and distributing to the public works that
ehPr'u s e copyrights in only as part of the set ofarticJes from the issues that the publishers iden+a;,
aut 0" S own
'gh' Id S
if h .
-,
.. "of an issue that they ' the pu b"uShers, own a copyn
as a reVlSlon
. dtID. . .orry t" at 1S a screwed up
some second year law reVlew rudge cnes out, oh goodness
b , ', shall remain so'lest
sentence,ul
fl"
.,
'1'
fhhr
'
Methinks J have found an incidence 0 P agt.ansm, yes, yes! It s a VlO ahon 0 t e t ee word rule, oh
dear, mmm. yes." The publishers have certa~y ?ot met this standar~, but rather have p~t f~rth 8
ment that asserts that the transnusSlons of groups of articles from some penodlcal issue to
tenuous argo
.
hi
h
b' h
.
'0 publishers however fleetmg a moment t s exc ange may e ID t e productton chain of
th e1etre c o r u ,
d"
hi '
. b
,
and beyond however interme late In nature t S mcamatlOn e when considering that
on-line c o n e ,
d' 'b d
. d"d aJ .
.ghted artices are being reproduced and Istn ute on an m IVl u article basis, as free
,;tan~~~ntiries, somehow qualifies as a "revision" within the parameters of Section 201(c). Rather,

n'

9/14/01

"

~Clge

I VJ I

000155

fo~ the reaso~s ~lucidated in the above pages ofthls very casenote, the publisher's treatment cannot be

saId to fall. WIthin the blessed arms of the privilege given out on rugh by Congress in Section 201(c) of
Copynght Act.

The majority's analysis is more than correct and measured, it is exhilirating. The dissent's analysis is
more than dissapointing, in fact, it undermines my faith in not only our system of justice, but also the
sum total of humanity. Perhaps a sub-phylum for individuals who harbor beliefs even as remotely
misguided as Justice Stevens and the yes man who joined his dissent should be created, to better
illustrate, once and for all, scientifically, biologically, the very best that social darwinlsm has to offer.

Get your FREE dovm.1oad ofMSN Explorer at http://explorer.msn.com

0 15
9114101

From: Zacharias Coughlin [z.achcoughlin@hotmaiLcom]

Sent: Saturday, September 22, 20011:16 AM
To: CLuce@quirkandtratos.com
,~.t)je_~_t:,~X.J'aper situation

000146

;':DIV><D1V>

<DlV><.JD1V><DrV><JDJ'v><n'rV><tD1V:><Dn&Dear Prof. Tratos,<IDlv><6M-eould you

please drop me a quick note to Jet me know if you recieved my paperlemail and if so when I can
expect a final grade to be issueg; .. l~TU_trying to shore up my graduation requirements for
December graduation. Thanks<m)M

<IDIV></I)IV>.
Get your FREE dovmload ofMSN Explorer at http://exp]orer.msn.CQffi

016

Dear Mr. Tralas,

I have decided to lake ou

000119

legal tems I
Y
P on your offer to pay for the data recovery On my hard drive So in
, accept your affe a d
'd
b d
. ,
Track has infonned
r n ,cons] er you aun to pay On Track the cost of Ihis service. On
thou h'
h
me that, assummg my laptop had J gb of space which I think is the case
be g 1l m~y ave 4 gb, the cost will be a $100 dollar inspection charge and assuming the d;ta can

Pler:s~o~ere
b

, that money will be

a~plied to ajob that.should I!kely cost between $500 and $2,500.

d ~ not let me rely to my detnment on your earher promIse and offer 10 pay for this. I have
ec~ a vised by very high ranking professors here al the Jaw school [0 hire an attorney \0 represent

me

In

~hc maller that ~ou hav~ created here at Boyd School of Law. Apparently, this could

p01e~~lall y be somethl~g that

IS reponed to the Bar. Please let me know if you have already done so.
AddlllonalJ y, I would Inform you of the law against disclosing anything penaining to the academic
perfonnance of s tudent s at publi c universities to certain entities. 11 is from a case involving some
Uni versit y of Mary land bas ketball players, I believe. I know it must be hard for you to know and
understand aillhe fidu ciary duties that come with being a professor, heck it look two of you to teach
on e class and nob ody 1 know has recieved any feedback on their paper, much less the actual paper
its self. Do you sti ll have the hard copies of all the students papers? Please do not let this
information lead you to beli eve th at I am under the impress ion that you have not already made
inappropriate disclosures about academic mailers pertaining to me. Given that I just passed the Bar a
year early, without taking BarB ri, while taking 6 credits and working ajob, I find the obsta~les you
have placed in my path inconvenient 10 say the least, in tenns of pla~nin~ my f~lure, financla.lly and
otherwise. I want to be sure to take every prec aution 1 can [0 protect Justice agamst your spunous
allegations, and thus your offer to pay for the data from my hard dri~e [0 be ret.'"ieved is effectively
accepted. In conclusion, I'll have on track go ahead and send you a bill and I Will fax. over a contract
for you to sign . though 1 do not believe that is legall y necessary as this personal services contract for
less than $5,000 dollars does not fall within the statute of frauds.

Have a nice day, Mark,

Zach Coug hlin

UO!7

000118
Dear Mr. Tratos ,

1 have decided to take you

legallenns, I accept your o&e~~~dO~~ o~f~r to pay for the data recovery on my hard drive So in

~frack has informed me that

er you bound to pay On Track the cost of this s~rvi~e. On

may have 4 gb, the cost ~ill be a I;fo~~ J~f'P had I, gb of space, which 1 think is the case, though
recovered, that money will be a '
0. ar inspection charge and assuming the data can be
Please do not let me rei to m d~h.ed to a Job that sh?uld like~y cost between $500 and $2,500.
advance, I will point to ~ur Y.~ nmhent on your ~ar!Jer promJ~e and offer to pay for this. Also, in
that some sort ofe d't" emat exc ~gcs as eVidence rebuttmg any position you might invent
.mterpretation of the
onema'I'
I Ion precedent eXisted'
d
IT

hr I '
In regar to your oller. I do not believe any reasonable
may assert that
. 1 sine ono ogleal order could bend far enough to allow for any claim you
paper on the h y~~ ?Id n~l fully understand that I could not be absolutely sure that I had saved my
you on
f
ar nve 0 . my laptop. I believe a careful reading of the emaiis will show that I put
1
n~ IC~ 0 r my practIce of occasionally emailing myself a digital copy of a paper and printing it
ou at ~c .00 , or rather merely taking a floppy disk with the paper's contents to school and doing the
same, simply cannot remember what I did, other than that I turned in the paper atop all the other
pap~r~ on the day you told the class to do so. Please tell me whether you have any recollection of
a~vJsmg the class where and when the papers should be turned in. No students that I have spoken
WIth remember you a~ouncing anything regarding the papers and the proper placement of the
papers on that day. Fhd you mak~ any flTI!louncement? Who took the papers from the classroom.
C.ould yo:, please gIve me a detmled cham of custody for the papers? I have been advised by very
high rankmg professors here at the law school to hire an attorney to represent me in the maner that
you have created here at Boyd School of Law. Apparently, this could potentially be something that
is reported to the Bar. Please let me know if you have already done so. Also,l would like for you to
explain why your email asks me to search for a copy of the paper and tum it in at the risk of being
given an incomplete in the class and yet when this was done, you immediately took steps that are
causing me very real damages. I would say that sounds like entrapment, however, given that I
haven't done anything wrong or illegal, I don't know quite what to call it. Additionally, I would
infonn you of the law against disclosing anything pertaining to the academic performance of
students at public universities to certain entities. It is from a case involving some University of
Maryland basketball players, I b~lieve: I know it must be lu~rd for you to know and understand all
the fiduciary duties that come With bemg a profe~sor, heck II took tWO of you to teac~ one class and
nobody J know has recieved any feedback on theIr paper, much less the actual paper Its self so I
would doubt you really have even started to grasp the finer points of th~ p!,ofessori.al role. Do you
still have the hard copies of all the ~tudents papers? Please do not lett~ls mfonn~tlon ~ead you to
bel' eve that I am under the impreSSion that you have not already made mappropnate disclosures
bit cademic matters pertaining to me. Given that I just passed the Bar a year early, without
aa:u aBarBri while taking 6 credits and working ajob, I find the obstacles you have placed in my
t thm~
ven'ient to say the least, in teons of planning my future, financially and otherwise. I want
pa mcon
I'
e every precaution I can to protect .
Justice.
agamst.
your .
spunous aIegatlOns,
an d thus
tak
to besure
dd'
be
.
d'
I
T
'
I
dl
to
IT
.y 'or the data from my har nve to
retneve IS ellectlve yaccepte . n
your l
Oller
P have
I'

. ,lax over a contract for you to

' toI'll
on track go ahead and send you a bill
an d I Will
c~:mc ~~~~I\ I do not believe that is legally necessary as t~is personal.sclVices ~ontract for less than
SlgnOD doflars does not fall within the statute of frauds. Fmally. who IS Cathe~ne Luce? Is she an
$5,0
? This really isn't made clear from the presentatiOn of your emalls. Do you, as a
agent ofyor: 'ber law, have your very o\.vn email account? Does Catherine Luce have the authority,
p!,ofessor 0 I Y
arent to be holding you out as the sort of person who feels threatened by my
elth~rl aClud'th'I'kPeP? Who makes contractual offers? Please clear up this confusing presentation.
emals an
e I .

It

assum"

nSI

Have a nice day, Mark.

Zach Coughlin

018

-,

From: Zacharias Coughrln [

.
zachcoughhn@hotmail.com]
.
' eto er 10 2001 HO PM
To: ~Luce@quirkandlratos.c~m
.
Subject: our contract

Sent: Wednesday 0

Page I of2

000116

Dear Mr. T ralas ,

1terms
have decided
to t::lkeffyou up on your offer \0 pay for the data recovery on my hard drive. So in legal
I ace

ept
.
d your 0 er and cons'd
J er you baund
to pay nO
Track the cost
of thIs servIce
On' Track
. ,f
. I think is the case though
.
h as JO onne me that : assum'mg my Iaplop had 1 gb of space, whIch
it may
h ave 4 g,
be a. $100 d0II"
. the data can be
' recovered, thai
b. t he cost wlil
.
aT inspectIOn charge and assuming
money \\1J11 be ~pphed to a Job that should likely cost between $500 and $2,500. Please do not let me
rely to ~y detnment on y~ur earlier prom ise and offer to pay for this. Also, in advance, I will point 10
our emml exchanges as eVIdence rebutting any posilion you mighl invent Ihat some sort of condition
precedent ~xisted in regard 10 your offer. I do not believe any reasonable interpretation of the emails in
chronoioglCai order could bend far enough 10 allow for any claim you may assert Ihat you did not fuJly
understand that 1 could not be absolutely sure Ihat 1 had saved my paper on the hard drive of my laptop.
I believe a careful reading of Ihe emails will show that 1 put you on notice of my practice of occasionally
emailing myself a digital copy of a paper and printing il out at school, or mlher merely takJng a floppy
disk with the paper's contents to school and doing the same. I simply cannot remember what I did, other
than that I turned in the paper atop all Ihe other papers on the day you told the class to do so. Please tell
me whether you have any recollection of advising Ihe class where and when the papers should be turned
lfl. No students that I have spoken with remember you announcing anything regarding the papers and
the proper placement of the papers on that day. Did you make any announcemen t? Who look the papers
from the classroom. Could you please give me a detailed chain of cuslOdy for Ihe papers? I have been
advised by very high ranking professors here at the law school to hire an attorney to represent me in the
maHer thai you have created here at Boyd School of Law ..Apparently, Ihis could potentially be
something that is reported to the Bar. Please lei me know If you have already done so. Al~o., I would.
like for you to explain why your email asks me to search ~or a copy of the ~aper a~d tum It In al the nsk
f b . g g. ven an incomplete in Ihe class and yet whcn thIS was done, you Immediately took steps that
o em 'ng' me very real damages. I would say that sounds like entrapment, however, given that 1
are caust
. w hat to ca II It.
.
Add
'd
anything wrong or illega l, 1 don't know qUIte
IllOna II y, I wou IdIn f ann
.
.
h
d

h avenftone
h I
against disclosing anything pertalnlng to t e aca emlc per ormance 0 f students at pu bl IC
yo~ 0 t. ~ aw c rla,.n enti ties It is from a case involving some University of Maryland basketball
umverslltes
to e I know it must

d
I believe.
be hard for you 10 know an d understan d aII Ihe fid
I uClary utles I.hal
players,. b'
ofesso heck it took twO of you to teach one class and nobody J know has recleved
r
g ~P~r aper'
come wtlh
much less Ihe aClual paper its self so I would doubt you really have even
any feedbac on hi efi' Pr poi'nts of the professorial role. Do you still have the hard copies of alllhe
started to grasp ?I ePI me do not leI this informal1on
. lead you to beheve
.
.
that J am un der the .ImpressIOn
e
students papers. le"d made inappropriale disclosures about academic mauers pertaining to me.
that
not aassed
rea Y
.
kmg B.arB
,., 6
d
. you have.ust
the Bar a year early. WJlhOUt.13
n, W h1
1 e tarung . cre ItS and workJng a
P
GIven that J J b
I
ou have placed in my path mconveOlentlo say Ihe least, m terms of planning
. b , 1 find theo stac
. I can to protect Justice
10
. II es yd olherwise I want to be sure to lake every precautIon
f
{Ure
fioancla
Y
an
.
. to be
my. u
' s urious allegations, and thus you r offer to pay for the data from my hard dnve
aga~ns,t y~ureffectivelY accepted. In conclusion, I'll hs:e 00 Ira:k go ahead and send yo~ a bi ll and I will
retne\ed IS
f r you 10 s;gn though J do not believe thai IS legally necessary as thIS personal
fax over
a contractf 0
'
. .
.
.
less than $5
000 dollars does not fall wllhmlhe
statute of frauds. Fmally,
who is
,erYlces
contract
or
'
.
.
,
d
I
f
h
. of your
_
. L
'1 she an agent of yours? ThIS really Isn t rna e c ear rom t e presentatIon
Lathenne
s professor of cyber law, have your very own emal1 account '. D oes C at henne
. Luce
.1 D uce.
u asa
emals.OYo,
d
h
f
h
f
have the authority, either actual or apparent to be hoI mg you out as t e sort 0 person w 0 eels
,I Ci

:lO

.,

Page 2 of2

thre::ilcned by my emails and the like? Who makes comrac tua1 offers? Please clear up this confu sing

presentation.

Have a nice day, Mark,

Zaoh Coughlin

~el

lUi

000117

fREE download ofMSN Explorer al htlp~L[e;x:plQ.rer.msn.<:;om

1128
.,' ,..

"~~

... ,,


00011~
/

To:

Mary LaFrance
10/1212001 10:33 AM

rmorgan@un\v .ed U, Ch nstine Smith/UNLV@UNLV

cc:

Subject: FW: Response to

'
your emalls of October la, 2001

Here's Mr , Co ug hI"'
In S latest email to Mark Tratos.
Mary l.
.... - ......... Forwarded b

c-Q:::::?
To:
cc:

y Mary laFrance/UNlV on 1011212001 12'36 PM ..... .

Cather;ne ""e <Cl","@Q";rkaodtrat"."m,' '"

1O/l2l;~~;'~~;~;;;~'AM

'Iafrance@ccmall.nevada .edu" <lafrance@ccmail.nevada,edu>

Subject: FW: Response to your emails of October la, 200]

This was just received in our office from Mr. Coughlin', I thought ,t appropr',ate t
you thank you.
0 forward it to
.. --Original Message
from: Zacharias Coughlin [mailto:zachcoughlin@holmaiJ.com]

Sent: Thursday, October 11, 2001 6:17 PM

To : CLuce@quirkandtratos.com
Subject: Re: Response to your emails of October 10, 2001

I have alreadY informed you that I am not su re wheth er the paper wa s ever sa ved
on the hard drive of my laptop and tha t having it ac tua lly saved was not a
condition precedent to our bargain . Further, Ontrack has in10rm ed me that they
do not retrieve individual files, but witt rather only do the ent ire retrieval in bulk.
Also. I am troubled by your behavior and wh ile I ca nnot quit e match the exquisite
use of the word 'perjorat ive' that your last email exhibited , I will say that J am
vexed by your words and am f~ig h tene d tha t you co uld possibly be a miscreant.
so in conclusion, let me know If you plan to breach our contract in accordance
with the above information. Also, I may have to alert th e st udent body of the lack
of respect you. as a professor here at Boyd School of Law, are according to
student's right.
With every intention of not com ing off as invoking a perjorative ennui.
Zach Coughli n

" 02 I

000036

Mark T'al05 <MT,al05@quirka d

n tratos.com::. on 10/24/2001 09:18:20 AM

'lafrance@cc

FW:

'I
mal .nevada.edu" <Iafrance@ccmail,nevada.ed
U>

Most recent email sent l a s t

,
Original Messag~-....
evening and received by me this morning. Just FYI.
rom: Zacharias COughlin [ 'It
Sent: Tuesday, October 23 ~~~106Z~~hc~~ghlin@hotmail.coml
To: CLuce@quirkandtratos'.com
'
Subject:

i, ..

Dear Mr Tratos,
lowe you an apology for the petulance and rudeness present in the series of
emalls I have sent to you over the past month, I lost the plot a bit. I can tell you
that I regret my words, feel that I made some unintentionally rude comments in
class, wish that I had sent you an electronic copy of my paper, and acknowledge
that \ need to find more constructive ways of dealing with anger. I have no
Intention of following any contract based theories of recoveries and merely want
to clean up my side of the street at this point. I can also tell you tha t I swear on
my mother's life that I wrote and submilted a case comment on the Tasini case
by the deadline given. Further, I realize that pultlng my SOCia l secunty number
nd a request not to put the contents of my paper on the class webSite atop a
a per may have been a bit olfpulting. I did not mean to impugn your
pa d'b,\.t
By saying this I do not mean to suggest tha t you ever even saw my
cre I I I y.
w professors ,5 has b een f'Ire d or pu t on Ieave f or 51't ua t'Ions
f my la
aper
neo
't,t t
O
P
.
:
flicts of interest and I believe I have an acute senSI IVI Y 0 such
involving con h'
oint as I was greatly affected by the atmosphere the
sltuatlon~ at t IS ~duct created. Further, anonym ity had been mai ntained in t he

professor 5 mlsc~
other class I have been in in law school, save the one
grading process In ever~ eventually disciplined. Also, about a week b,efore th e
where the prafe,ssor ;a class an ema il was distri buted to the students In Professor
paper waS due In yo I
'ndicating that they need to get numbers from the
Oentico's summ.er c ass I as anonymity was to be maintai ned in the grad ing
registrar for their papers
process.
. .
.
mer getting ready for the bar , wrltmg the paper for your
I busted my as~ this sun~ns My girlfriend of two yea rs broke up with me shortly
class. and pass 1I1 g ~ ~~~alus~ of hoW litt le time I co~ l d devote to her. Th is m.eant
after the bar, m par
esidence. Then my ca r died. That meant I got to ride a
I had to move out 0 f our r

022

000037

bike 35 minutes to school, which I am still riding. Then my parents gotf

divorced. Then I was told by one of the law school's preeminent professor's that
the current investigation in regard to academic dishonesty meant that if I ' was
ever going to hire a lawyer, now would be the time." Then Dean Smith told me
that the investigation which she said you and Dean LaFrance requested was . .
somet hing that 'absolutely must be reported to the bar'. I felt this was unfair In
light of t he fact that none of the eyewitnesses that I named had been contacted.
Well, at this poi nt I don't really care about what I feel is unfair anymore and as
the saying goes just "wa nt t o do the next right thing."
Sincerely, Zach Coughlin

Get your FREE download of MSN Explorer at httD:/lexDlorer.msn.com

1123

Mary LaFrance
11106/2001 01:24 PM
To:

Christine Smith/UNLV@UNlV

cc:
Subject: FW; Thank You
FYI.

Mary L .
. .... ... Forwarded b M
y ary LaFrance/UNLV on 1 J/06/2
.,. Mark Tratos <MTra l os@ .
00102:00 PM ......................... .
qUl
rk
and
tratos.com>
on 11 / 06 /2 001 09 :43:35 AM
.
_

~ ~'
c::O::?
To:

cc

"1 a f ranc:e@ccmail.nevada.edu' <Iafra nee @ ccmalLnevadaedu>

.

Subject: FW: Thank You

Today'smessage from Mr. Coughlin

Origmal Message
.....
From: Zach Coughlin [mailto:zachcoughlin@hotm "
J
Sent: Monday, November 05,2001 5:56 PM
al.com
To: CLuce@quirkandtratos.com
Subject: Thank You

Dear Mr. Tratos,

I thank you for your thoughtful words and magnanimity. I cannot stress how
sorry J am for the way 1 behave~ i.n our series of correspondences. That was
truly unprofessional of me an~ It IS my strong desire to take from this incident a
renewed dedication to upholding the fundamental tenets that buttress our
professional responsibility. What I am particularly disappointed in myself for
doing is implying that you were not upholding the virtues of the professorate.
say this because I was continually impressed wi t h the thoroughness of
preparation and presentation that graced your delivery of the material, in
addition to the infectious verve with which you approach your work. I feel that J
should perhaps send the Deans .a letter retracting my criticisms of the class,
though at this point I do not believe what I have to say holds much sway with t he
administration, but nonetheless ...
I do not knoW what the resolution of this situation will bring. Phi llip Burns,

, (J 2 4

OCC02;)
Student Judicial Affairs Officer for UNLV, has scheduled a meeting with me
tomorrow. From a telephone conversation with Dean Morgan I gathered that he
was not sure what was to become of my grade for the Cyberlaw class, saying he
'was not sure if the grade was still an incomplete or if Me. Tratos has changed it
to an F." Without a passing grade in Cyberlaw, and assuming I complete my
course work for this semester, I will have 83 credits, 3 short of the 86 required
for graduation. Further, as I understand the rules of the Boyd School of Law and
the ABA, everyone enrolled in classes for a semester of law school must take at
least 7 credits regardless of whether less are needed to fulfill the graduation
requirements set
fthe
' forth. I must stress that this is only my understan d'lOgo.
regIStration requirements and that I am aware that the rules regarding situations
of this nature can get quite complicate.
.
did 0 not mean to mislead . Further,t ItI IS
possible not graduating this semester will have some effect on ~he~~er o~lno
am admitted to the Bar or shall need to take the Bar again (I s oU r'e~ y
Id I'k
hoever it is who shall make the Ina
rather move to Kabul). I wou
I e~ t I
entirely amiable to helping them
determination of.n:'Y grade to kn.Dw

feel justified in glvmg me a pas,sl;g

paper entirely, rewriting

th~ e~ls

a a~OUld that include, doing another

g~ad~, doing some community service work

Ing

ra

as a penance for my behavior In our corr

in

or some other proposed

.
I"
and talent you brought
did appreciate the professlona IS~ h I handled this

resolution.

e~pondences

I trul

~~;sa~'~~;se Off~ring, I greatly regret th~dw,a;e';'i;:~~at I have a profound

d extend my apologies to you, a

,"shed before I can begin to
h d of me that must be ~ccomp I
ber of the Bar.
amount work a eaf rofessionalism required of a mem
0 _

Situation an

embody the sort

Sincerely,

Zach Coughlin

REE downloa
Get your F

d f MSN Explorer at http://explorer .msn.com

0

112"
.
v
7

lawyer Assistaoce Program

1010 Hurl ey Way, Suire 110
Sacramento , CA 95825
(916) 564-5222
(877) LA P-4- HEL P (in side CAl
FAX: (9 16) 56 4-5214

OF CALIFORNIA

April 7, 2006

CONFIDENTIAL

Zachary B. Coughlin
1255 Jones, Apt. 132
Reno. NV 89503
Dear Mr. Coughlin:
In anticipation of the report to the Committee of Bar Examiners (CBX), on February 16,
2006, the LAP Evaluation Committee met to review your participation. At that time,
your participation did not warrant a favorable report to CBX. You were given a period of
time to explore arrangements that might allow you a more favorable outcome. To date,
we have not received any information from you, but must report to CBX.
The LAP Evaluation Committee has determined that you have not successfully complied
with their recommendations and appear not to have gained insight regarding your alcohol
abuse. In addition, your participation in the LAP has been terminated.
We hope that you will choose to pursue recovery and we extend the invitation to contact
the LAP for assistance in the future if you choose.

It- Thibault, MFT, CADC

Poley, MFT, CADC
Lawson. Director, Moral Character Determ inations

July 11,2005
Edward. Everen Hale.
(19291993)
S!c:~e

I...4nc.

J S!epi!m J>.:c.k
K-en 0 Denruson

R-

era., HOlOard

PERSONAL AND CONFIDENTIAL

Slephal V N0\1Icck

Ru:bard l.. Elmore.

Roch.:lfd. Belll\Cn
....In J Aang:lS
Ms!u\ B Md>tll1an
hmesL Kelly

Mr. Zach Coughlin

1255 Jones, No. 132
Reno, NV 89503

Kdh Testohn

1". P.md, Aana&an

Marth,," E Woodhead
M,,:hcUc 0 Mullins
Roccr W. Jeppson

Dear Zach:

l..arKc C. Earl
JI:1,m} 1 Non.

fi
This lette~ is int~.n~ed. to resta.t~ th~ offer of employment made to you by our
urn for an associate positIOn 11\ the L]tlgatlon Group in our Reno office, and to advise
you of some of the finn's benefits and policies.

DlVld A. Garci;l.
Frcd 0 G.b..on m

El~F.~sh

TIJROIh .. A. Lukas

FrcdendJ. Sehmid.!
J ..... e$Newman
Torry II.. Somcn
PaIn.k J Reilly

Brad M JohmLon

Tl is anticipated that you would start your employment with our firm within the
month of July, 2005. Your starting base compensation will be $80,000.00 (Eighty
Thousand Dollars) per annum. As a convenience to our employees, we offer direct
payroll deposit to most banks or S&L's in the state. At the present time, formal,
compensatory performance reviews are conducted annually during the OctoberNovember time period, with any resulting salary adjustment effecti ve as of the
following January I. Your first fonna] review would occur in the October 2006 time
period. Non-compensatory performance reviews and mentor/mcntee evaluations may

Bryte K J{"'''ItIOIO
Doadu C Flo....rs

be conducted at any time.

"t

D Aetntng

Scherer
M. Snyder
Brcnl C. Edu-slcy
Frcdco~k R. Banch.,.
P.lrici~ C, Hals!ead
~Unhcw

J KaulUf

~nh.....

e, Hrppl.,.

llOStln C. Jw(S
!"cole M Vance
Don. II DJih~o .....
~E LClus

I...eLpc. 0.."'1

1\.". Farrow
Pauhne NS Lee
~Purl

Elevation to shareholder status is based upon factors outlined in the

Shareho lder Admission Guidelines, a copy of whic.h. is encl?sed. As you may
ap reciate, many factors are considered in the dec]s]on-m~ng. process, and no
co~unitment can be made that you will be advanced at any specific time.
The following outlines the various benefits available to ~ssociate~ of Hale
iptions are summary in nature -- actual coverage ]S accordmg to the
Lane . T hth
ese de S ct r cts between the applicable
. msurance
. .
carners an d t he fi]nn. F'Irm
termS of e con. rat t change al the sole dIscretiOn
.
. ole
f h f
i '10 accor dance wII. h
Irm,
b
benefits are su ~ec 0
applicable federal or stale law:

OUP MEDICAL INSURANCE: Group medical insurance, ~urrently

1.
OR .
.
ovided to all full-time employees of the finn. PremIUms for
through PaclfiCarc, ]S pr
.,

. LANE PEEK DENNISON AND HOWARD

hALt.

N'" 89S!! I Phon. (775) )273000 I Foe"mH. (I?S) 786-6179

RENO OFFICE.; 5441 K,.Ilk. un_I S.cond F!"";bo I~~';C'~. 1"1....... 391011 MIon_ (115) 684-'0001 F.."m'!. (7JS)u.t600!
711 F....
O ~'CL
~c

t \\

CARSO!'! CITY

o)r'~'" J'd)OCS'HUl,.OOOCSI-l6n41\!

,!hJm SU' 1So".

1007

Mr. Zach Coughr

July II. 2005

In
.no ......... ~"w

employees are fully

.d

option and expense' ~a! by the finn. Coverage for your de

basis.

HALE LA
NE
__

Page 2

' If you elect dependent coverage d

~endents, If any, is available at your
, epen enl premiums are paid on a pre-lax

2.

GROUP DENTAL INS

provided to all fu'
URANCE: Group dental insura
Cavera e fI
II-lime employees. The re .
~ce, currently through PacifiCare.
g
Or your dependents if a n '
~ mlUm for Ihls coverage is paid by the fiml
IS

dependent coverage, dependent 'premi:~~Sar:vpail.adble at your opti~n and expense; if you

alan a pre-lax baSIS.

3.

GROUP VISION CARE.

..

etec;

The premium for your cove

.. Oro,up VISion care IS provided through Vision Service Plan
available at your option and rage IS pa,ld by the finn. Coverage for your dependents if any i~
.
expense' Ir you elect d
d
.
,
pald on a pre~tax basis.
'
epen ent coverage, dependent premiums are

GROUP LIFE INSURANCE Th fi

...
amount of $30 000 00 Th
.'
e. inTI provIdes life mSllrance for associates in the
,
. .
e premiums ror tIllS coverage are paid by the firm.

4.

ti
~~~ETERJA PLAN: T he [inn ofrers employees the opportunity to participate in a
a ete~a an. Pursuant t~ IRS ~les, certain dependent care and employee or dependent health
care e~pens~s not otherWise paid by insurance may be paid with pre-tax doUars. Details
regardmg thiS program wi ll be provided with your insurance enrollment fomls.
6.
LONG~TERM DISABILITY fNSURANCE: Group long-ternl disability insur::mcc,
currently through Northwestern Mutual, is provided to all full-time employees with a maximum
benefit of 40% of pre~disabjlity earnings, which premiums are paid by the fiml. Employees may
buy-up an additional 20% of pre-disability earnings for maximum protection of 60%.
7.
PROFESSIONAL LIABILITY INSURANCE: Professional liability insurance coverage
is provided and paid for by the finn, up to the limits specified in the policy. This coverage is
applicable only to services rendered for the firm during the course of ):our employment. The
coverage docs not apply to "prior acts" unrelated to your em~loym~nt .\~ilh th~ finn .. The prior
acts of a lateral attorney are generally covered by the profeSSIonal liabIlity policy mamtained by
that attorney's fanner law finn, at least so long as that insurance ~s.k~pt in rorce. Since Hale
Lane's policy does not cover prior ac~s, we recommend lawyers JOlntng the fi~ on a lat~ral
basis investigate the tenus of their prevIous coverage and secure separate coverage If appropnate
and desired.
8
PROFESSIONAL DUES, MEMBERSHIPS AND EDUCATIONAL EXPENSES: The
.
ual dues for the Nevada Bar (and for special organizatIOns With pnor finn
firm pays your ann tate bar dues eLE and other educatlOna
.
I programs are aI
d 'lor by the
sopal
f
t
approva.
I) 0 u o s .
'
firm, subject to appro vol iO advance.
BUSfNESS EXPENSES: Reimbursement .fo~ travel costs, including meals (on the road),
.
I.
e ses airfare etc. upon submiSSion of travel vouchers.
"
hotels, trave 109 exp n ,

II Gd

Mr, Zach Coughlin

July 11,2005
Page 3

HALE LANE
~TT"

U . AT L"W _ __

10,
401(k) PLAN: At
' , ,,
first enrollment
.
present, ehglblilty to participate in th
according to 1
peTiod following completion of one
' e firm's 401(k) Plan OCcurs at the
erms of the plan which will be pro .d d
year s employment. Participation is
VI e separately at the time ofeligibility.
11
to ,fi GENERAL'. 0 Iher than as provided for in this Ie
. nn personnel policies as published f
.
. ner,. all Hale Lane employees arc subject
WIll nature?f employment. The at.will n:~: tlme-ta-tlme, Including, but not limited to, the atdocument signed by the Ma
. Sh
re of employment can only be modified by a written
nagmg areholder of the finn and you.
,
' . Your employ ment as an associate
by Hale Lane is also subject to the following
cond Itlons:
First,
'
"
conflicts
f' this
t offer is conting. en t on a reso Iution,
to our satisfactiOn.
of any potential or actual
a h111 crest. We reqUIre you to provi'de us Wit' h a I'1St IdenllfV
.
. .1l1 g (a) any potential
c fl'
on let, suc as
' Iy'In W h'Ich Hale Lane was
' on the opposite side
. a matter you wo rked on prevIOus
o f tH
, chents
'
he transactIOn or liti ga fIon or any pend'mg matters between prior
of yours and clients
o. ale Lane; (b) any client .~ou reasonably expect 10 follow you to Hale Lane; and (c) any
Dlrec~or .and/or Officer poSl1lOns you currently hold with both for profil and non-profit

organizations.
Secondly, to protect our clients and the finn. we must inquire about the existence and
nature of any actual or alleged malpractice and/or ethics claims or complainls to Bar associations
concerning you or your work. The fact that this infonnation may exist is not necessarily
preclusive of employment, however, our offer is contingent upon the finn's review and analysis
of the infonnation provided. In this regard, please complete the enclosed Disclosure of
Professional Conduct and return it to Lou Kemper as soon as possible. Additionally, a Conflicts
Questionnaire is being sent to you via e-mail. Please complete and return to Lou Kemper in the
Reno office prior to your employment date.
Third, we require certificates of good standing from all jurisdictions to which you are
admitted. If there is any cost associated in obtaining these certificates, we will reimburse you for
that cost. Please have such certificates sent to Lou Kemper in our Reno office.
L tly the firm is requesting that you adhere to any addition~1 conditions of your
emplOy:ent ~ith the finn to be discussed independently with Kelly TestolLO.
copy of the Employment Eligibility Verification Fonn 1-9. In accordance
'
ncose
Isa
.
d
I
E i ' t'on Re("onn and Control Act of 1986, all newly hired
'h h
employees '
are reqUired to
wit t e mmlgra
I
I'
.
t':
L'
A
"
d ,I10W the appropriate documentatIOn ,rom 1st or L'1st Band C. Please
complete
.With
' you when you b
' employment.
,
" t h IS lornldan
the documentation you will submit,
eglO
bnng thiS ,lOrm, an
'trenlely enthusiastic about your joining the finn and we look forNard to
, Zac h' 'h we are ex
Please do not hesitate to contact Lou Kemper, or me, .If you have any
working
Wit
you.
r.
,
d'
the terms of your employment, bencllts
or rc Iate d 'Issues.
questlons regar mg

l
(JOMJI. opC1)OCSIlILRNOpOCS'-I6114811

CS

Mr, Zach Coughlin

JuI)' 11,2005
Page 4

HALE ... LANE

' rro.~

L . . . _ __

This letter will constitute tl f i '

.
oral or \"finen r
.
le IITn s entire agreement w' h
.
.
oITe f
epresenta1l0ns or conversations Ifth' I
11 you, notwIthstanding any prior
r 0 employment and you accept please "d' IS etter accurately reflects the terms of our
an d emplo),m'
,S
' t he attached confidentiality
ent relationship stateme
t O
d In lcate by S
Igmng
envelope provided.
n s an return the duplicate copy of Ihis letter in the

Very truly YOUfS,

R. Somers. sq.

Enclosures
cc:

C. Lou Kemper
Helen Goldin

CONFI~ENTIALITY STATEMENT: I am familiar with, and will abide by. the Rules of
Pr,ofesslOnaJ CO,od,ucI and more.s~ecifically, the rules pertaining to attorncyclient privilege and
eilent confidentiality, Further, illS agreed that all information relativc to the activities of Hale
Lane which is of a secret or confidential nature, including but not limitcd to client lists, client
contacts, agreements between the firm's clients and third parties, technical and administrative
procedures, is the property of Hale Lane, I also understand and agree that I may nol copy any
finn documents, including my "chron" files. which arc considered firm documents, for my own
personal use without the prior written consent of the Managing Shareholder, During the term of
my employment or thereafter, I will not use such infomlation for the benefit of anyone other than
Hale Lane, nor shaJl I disclose to others any such information so long as the secret or
confidential nature of said infonnation is preserved by the finn, During the term of my
employment, 1 will only perform legal work on behalf a the finn, and I acknowledge that all fees
received for legal work, legal advise, legal documents, legal seminars, and any aspect of the
practice of law during my employment at the firm are the property of the firm" Nothing herein
shaH prevent me, subsequent to, my employment with H.ale L~ne, f~om uSlOg an,d ,availing
myself of my general technical Skills, knowle?ge and experience IOciudlOg that pertalOlOg to or
derived from the non-secret and non-confidentwl aspects of the firm,

EMPLOYMENT RELATIONSHIP: I understand and acknowledge that the employment

,
h' b (ween the firm and me is based solely on our mutual consent. Accordingly, I
re Iallons Ip e agree that either I or the firm can temltnale
.
' h'Ip " althe emp Ioyment reIatlons
un'II"
erstan
an
.
I
'II"
h
0
'
d
d t'
d
wl'th or without cause or advance notlcc, WI Inlorm t e linn Immed'late Iy 'r
I
WI , at h
any Imc, I'cable law or regulauon
, would
r r
allec! my status as an " at-wI'I I" emp Ioyee,
I leam t at any app I ,a! the "at-will" nature of my employment can only be modified
'
' a
In
land tl
I
d
.
.
Th'
I
Further
un
ers
d
I
\vrinen 'do~ument signed by the Managing Shareholder and Lega A ffim lstrator.
IS ener, an d

010

Mr. Zach Coughlin

july II, 2005

Page 5

HALE LANE

the. ~olicies of the finn, constitute the entire arrangement between us and can only be modified in
\\Tlhng.

OFFER ACCEPTED AND TERMS AGREED TO: I certify I have read and understand the
tem1S and conditions of my employment to my full satisfaction. I also understand thai, with one
exception, the finn may change, rescind or add to any of its policies, benefits or practices in its
sole and absolute discretion without prior notice, subject to applicable Federal and State laws.
The one exception that cannot be modified, except as stated above, is the "at-will" nature of

employment with the finn.

00 I I

Thin
Rob Walton [rob.wa ton@unishippers.com]
Tuesday, October 2 ,2006 11:45 AM
Thingvold, Lynne
Zach Coughlin

From:
Sent:
To:
Subject:

scan0006.jpg

scan.jpg

Lynne ,
Below is a copy of the last email t read I had with Zach Coughlin where he
accepts a $4000 settlement. He ref sed to ever make good on that settlement
so we sued him in small claims cour in Reno and were given a default
judgment.
The judgment and a subsequent garni hment attempt are attached.
Please let me know of any additiona information you could use. Thank you
for confirming that this is used fo the California Bar Association and that
you have rights to request this inf rmation.
Rob Walton
Unishippers
Payments Recovery & Claims Adrninist ator
(303)770-0006 ph. (303)665-1096 fax
CONFIDENTIALITY: This e-mail and a y attachments are confidential and may
also be privileged.
If you are not the named recipient, please notify the
sender immediately and do not discI se the contents to another person, use
it for any purpose, or store
the information in any medium.
-----Original Message----From: ZANVIBAR2 ZANVIBAR2 [mailto:z nvibar2@hotmail.com]
Sent: Friday, November OS, 2004 6:5 PM
To: rob.walton@unishippers.com
Subject: RE: Payments Due
Hi Rob,
Honestly, I am hand to mouth right
I think that expression means
barely making it, which is where I
I can see where I wouldn't mind
paying 4K.
i think there where a n
er of overcharges, but given that you
say 4K is your costs, that would Ii ely account for the overcharges.
For
instance, do you have an average price per package. THat would really help
me guage how realistic the pricing
s.
Hopefully I will start making some
real money this year and i can just asily write you a check for the 4K,
which I would do happily if I am abl
But to say, okay I will send you
$400 a month right now just feels to ally unrealistic to me, even though its
possible if things start picking up
make that a reality.
Sincerely,
Zach
>From: "Rob Walton" <rob.walton@unis
"'ZANVIBAR2 ZANVIBAR2'" <zanvib
>Subject: RE: Payments Due
>Date: Mon, 1 Nov 2004 10:33:14 -050
>To;

>

me, and I am doing everything to

and keep you informed.

>Zach.
>

>1 understand your plight.

>and I need to agree on an
>us both.

You have told me that from the beginning. You

t you will pay and terms that work for

>

>Let me know if you accept the settl ment amount of; $4000
>

>Let me know what terms work for you.

>

>Thanks,
>

>Rob Walton
>Unishippers
>Payments Recovery & Claims Administ at or
> (440) 922-5505 ph. (440) 922-5501 fax
>-----Original Message---->From; ZANV1BAR2 ZANV1BAR2 [mailto;z nvibar2@hotmail.coml
>Sent; Saturday, October 30, 2004 12;19 AM
>To; rob.walton@unishippers.com
>Subject; RE; Payments Due
>

>Hi Rob,
>1 just am writing to touch base wit you.
I am broke right now, but I am
>trying to get a job and start makin a living so I can pay you guys and not
>have my credit even more ruined.
I can't make money appear out of thin
>air,
>

>unfortunately, so it will take a while to figure this out.

>

>1 do have a few customers who got c argebacks on their credit cards and
>refused to return the beds. would ou be interested in going after my
>righ~s towards them?
>

>THanks,
>Zach
>

>
>
>
>

>From; "Rob Walton" <rob.walton@unshippers.com>

>To; "'ZANV1BAR2 ZANV1BAR2'" <zanvbar2@hotmail.com>
>Subject; RE; Payments Due
>Date; Wed, 20 Oct 2004 09;43;18 - 400

>

>

> >Zach,
>

>

> >My costs for you to have done

shipping that you have totals $4380 the
> >original discounted price, if pai on time, would have been $5466.72.
>The
> >list price which is the price
ould be collecting is $7551.63.
> >

> >1 will not settle this account fo $3200 over the next 8 months.
I will,
> >however, give you one opportunity to accept a settlement for $4000.
>

>

> >1 want it paid off in 5 months wh

is $800 a month, with the first
> >installment due immediately and t e remaining 4 paid by the 20th of each
> >month.
> >

>
>
>
>

>Rob Walton
>Unishippers
>Payments Recovery & Claims Admini
>(440)922-5505 ph. (440)922-5501 f

> >

> >-----Original Message----> >From; ZANVIBAR2 ZANVIBAR2 [mailto zanvibar2@hotmail.comJ

> >Sent; Monday, October 11, 2004 8; 8 PM
> >To; rob.walton@unishippers.com
> >Subject; RE; Payments Due
> >

> >

> >1 could probably do $3200 over th

next 8 months

> >

>
>
>
>
>
>

>
>
>
>
>
>

>From: "Rob Walton" <rob.walton@ nishippers.com>

>To: "'ZANV1BAR2 ZANV1BAR2'" <za vibar2@hotmail.com>
>Subject: Payments Due
>Date: Thu, 7 Oct 2004 15:56:36 0400
>
>Zach,

> > >

> > >

> > >

> > >Now that you have had a chance
>come
> >to
> > >an amount we can both agree upo

look the invoices over we need to

to settle this issue.

> > >

> > >

> > >
> > >What amounts and dates are you
>
>

repared to commit too?

> >
> >

> > >

> > >Thaks,

>

> >

> > >

> > >

> > >Rob Walton

>

>

>

> > >Unishippers

> > >
> > >Payments Recovery & Claims Admi istrator
> > >(440)922-5505 ph.

(440)922-5501 fax

> > >

> > >

> > >
> >

> >---------------------------------------+--------------------------------------

> >Check out Election 2004 for up-to-date election news, plus voter tools
>and
> >more! http://special.msn.com/msn/election2004.armx
> >
> >
>

>=-------------~~~----~----~----~------------------------------

>Express yourself instantly with MSN Messenger! Download today - it's FREE!
>http://messenger.msn.click-url.com/ %nm00200471ave/direct/01/
>

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EXECUTION (Continued)

SHERIFF OF WASHOE CO JNTY, you, are: hereby commanded to satisfy this judgment with
interest and costs as Rrovided by law, out of the personal property of the judgment debtor,
ZACHARY COUGHLIN
exceptthatforanypayperiod,75percent
of the disposable eammgs' of the deb or during this period, or for each week of the period 30 times the
minimum hourly wage prescribed by eetion 6(a)(1) of the federal Fair Labor Standards Act of1938 and
in effecLat the time the eaqJ.ihgs are p yable, whichever is greater, is exempt from any levy.of execution
pm"snant to this writ, and ifsufficien personal property cannot be found, then out of the real property
belonging tothedebtor in the aforesa d county, and make return to this vnit within not less than 10 days
nor more than 60 days endorsed there)n with what you have done.

DATE: _ _M_A_Y_1_0_ _ _ _-+___ , _2_0_0_5_

JUSTICE OF THE PEACE

Th

MACYS:

DEPUTY CLERK

Serve Exec ullvion to C orpo ra t ion Servic e Co at 502 E. John St

Carson City, Nvada 897G6
Attention: FEDERJ\.TEDDEPT. STORES-9111 Duke Blvd., Mason,

BY VIRTUE OF AN EXEcl..rrION issue'd cut of the JusticeCcurt .of Reno Township and tc me
directed against the within Defendant b-:-' I herebY attach all monies, effects, and credits in ycur hands or
under your control belonging to the w thin Defendant _' _ .or to either oftheminpursuance of said writ;
except that for any pay period, 75 perc ~nt of the disposable earnings of such debtcr during such period, or
the amount by which his disposable e rningsfor such period exceed 30 times the minimum hourly wage
prescribed by section 6(a)(}) oftheJe eral Fair Labor Standards Act .of 1938 and in effect at the time the
earnings are payable, whichever is gre ttr, is exempt frcm any levy of execution pursuant to this writ; and
ycu are hereby notified not to transfer pay ordeliver the same tc anyone but myself.

SHERIFF, WASHCE COUNTY

REtURN
I certify that 1have this date _--:--:::---:+__:_-:---:=--'----::::::::---::---::-=------- _ _ _ returned
the within execution _ _ unsatisfied at the County .of Washoe OR

_ _ Satisfied in the sum of $ ::-_-+______

and that I have charged the fclIowingcsts:
LEVY """""" " """" $ - - t - - - - - - GARNISHMENT ". ,

COMMISSION ..... ."

MILEAGE ............... .
OTHER .... ., .......... " ..

TOTAL

SHER1FE WASHCE CCUNTY

4504

<

, ,
"
-;,

, --

(ur., I'le

~IW'

1111

d~lr II"

lu"n and (cllm1 11 10 IIW

toy c1v:>c

an If'

Ihc"oMt!l.,r("UII1I

EXHIBIT

J0

Illr lUI. CI4M IJ;~~

.... 111 \1111111 L
KII'/.\ hhlhll
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,11-""llIIl1lrll
Iklllc,l
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;;.

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...

Infonnal conference of July 8, 2004

Zachary Coughlin
Transcribed by Sarah Dean
Edited by Lynne Thingvold

Lawson:

I'm Debra Lawson. I'm here for the infonnal conference of Zachary Coughlin. And I'd
like to note for the tape proceeding that you are here accompanied by your counsel,
Jerome Fishkin. The committee members will introduce themselves and they'll get
started with your conference.

Mark DeCastro. Whitney Henderson. Morning. Thank you for joining us today. We're
here to have an infonnal conference to help us determine if you have the requisite good
moral character to be able to practice law in California. The burden is on you to establish
that to our satisfactionand the session is being tape recorded. You are welcome to
request a copy of that after the session. Before we get started do you have any questions?

Coughlin:

No.

Okay.

There are several incidents in the records here that we're going to talk about, but before
we or before I ask any questions about the specifics, my concerns generally lie in the area
of how you handle stress. Your what I perceive as a disrespect or a disregard for the law
and authority and your candor, so kind of in the course of the questions that get asked
here that's where I'm coming from. And what I'd like to start with is how you handle
stress or how you've handled stress in the past. And I'd like to know what is different in
your life now in tenns of they way you handle stress as opposed to the various incidents
that include the incident at the movie theater and your being there without paying. Your
running away from that scene and eventually being caught by the police. The traffic
citation and you know the things with your parents and your girlfriend. What's different
in your life now than then, and how are you handling the stresses in yourlife?

Coughlin:

There's a big change from those times and it would be that on January 1, 2002 I became
a sober member of Alcoholics Anonymous. I had a slip in January of the following year
and, culminating in my arrest.

That was January of what year?

Coughlin:

January 1, 2002 and then I had a slip of January of the following year culminating in the
arrest for driving while intoxicated which was a reduced to dry reckless conviction.
From that time I have been a sober member of Alcoholic's Anonymous, going to
meetings on a daily basis at least sometimes more than one a day, meeting with my
sponsor, on a weekly basis, reading a good deal ofliterature in that regard. Pretty much
all of the A.A. literature that's out there, from The Big Book to Twelve by Twelve to As
Bill Sees It to some more peripheral literature like Not God. and just about anything
-1-

State Bar Exhibit 12

related to AA I've read. I've also read and become more active in spirituality - books
like "The Power of Now," have become important to me, going to church, praying a lot
more, participating in the fellowship of AA has been big because it's given me a
network of support and people with whom I can discuss situations that have given me
stress in the past that I've had problems with. It's helped me identify my character
defects and attempt to have, when they arise - to take a moment to pause, recognize that
they are there and have the willingness to do what was necessary to change them.
Q

Were you using any other drugs of choice besides alcohol? Marijuana or anything else?

Coughlin:

I was smoking marijuana in January of2003.

Since then?

Coughlin:

No.

What about any other drugs besides alcohol and marijuana?

Coughlin:

None.

Is January 2002 when you stopped denying that you had a problem or what happened in
January 2002 that made you tum to AA?

Coughlin:

Life had just become too painful, too upsetting. The incidents at the, in the prior six
months to that there had been the incidents at the law school, the arrest at the movie
theater, personal things such as breakups with my girlfriend, and Ijust really felt that
some changes, some serious changes were necessary for me to go on. And pretty much
has amounted to a nearly a complete psychic change in me from who I am. It didn't occur
you know like a flash of light. It was more of a educational variety of just day in and day
out of putting in the work and the time, and having the faith that if I kept working at it I
would be able to become a different person.

Okay. So I guess you had some incidents, and made a decision to join AA You were
going along. I'm assuming there were some ups and downs and then a year later, you
slipped. What was the reason for that and what's happened since then that you haven't
slipped since then, assuming that you haven't?

Coughlin:

The reason for the slip I'd just have to say I take full responsibility for it. I can't point to
anything that made me do it. I'm responsible for my actions and ....

What did the slip involve?

Coughlin:

Wine.

What were you - intoxicated or ...

Coughlin:

Not really, I mean but I shouldn't, it should be absolute abstinence. I've had enough
-2-

damage and wreckage in my life in and around alcohol that I shouldn't try to drink at all.
You know - I was ...

What happened at that, did something in particular happen or did you just say well, I'm
not going to be able to handle the drink and then just..

Coughlin:

I thought that enough time had passed at that point where perhaps I could drink you know
lightly, socially wine with dinner once in a while.

Were you having dinner with the wine or were you out with friends or at a bar or ...

Coughlin:

Usually I was home having dinner. I had just started at a firm where drinking was fair1~
prevalent, so I think now if! was in that position again I would you know draw a real hne
on a social level with the people I work with.

So at the time you kind of felt pressured to fit in, to drink with them or?

Coughlin:

Not coming from them, but maybe I was ...

Internal pressure?

Coughlin:

Yeah.

And so it's been sixteen months since you've had a drink or thereabouts?

Coughlin:

uhhuh.

And about that same amount oftime since you have had marijuana?

Coughlin:

That's correct.

And other than A.A. what else do you have in your life as part of your support system
that helps you handle the stresses that are attendent to life.

Coughlin:

I see a psychologist at least once a month. I was seeing him weekly for a period of
approximately twelve weeks and starting in February of or March of2003 actually,
named Dr. Ocskay. He conducts traditional psychotherapy with me. We delve into some
issues that I think have been troubling to me, and the work we have done I think has
helped me face those and develop better patterns of behavior. Specifically some of those
issues were being an adult - child of alcoholics. I developed like, as is common with
people like that, some knowledge - active character traits that don't really fit in very well
with society, so I had to look at those, find out why, such as like you were referring to
problems with authority it's very common, a feeling of being persecuted and being
defensive, the source of things, isolating yourself, which doesn't, isn't something that's
gonna help reduce stress, rather one should reach out to friends and have a support
network ....
-3-

Do you take any antidepressants or anti-anxiety medication or anything like that?

Coughlin:

Yes. I take antidepressants.

So, you saw Dr. Hunter in 2002 that was for eight sessions, right? And then at some point
after that you started seeing your current doctor and, you said initially weekly for about
twelve weeks and since that time, a little over a year now, once a month.

Coughlin:

That's correct.

Okay. And anything else in terms of your support system and places you go to help you
deal with your stress?

Coughlin:

Well, A.A. has created a few support systems for me. I have- three hundred times more
friends than I had before I went into that because there's so many more people I relate to
and have phone numbers and have called them up. Also, I had a condition, a chronic pain
condition in my back and neck .. .I'm sorry could I get a glass of water? My mouth is
really dry. A chronic pain condition in my back and neck that was sort of causing me a
lot of stress or stress was causing the condition and I think my alcoholism, my character
defects, specifically, having a self pittying(?) type of personality-blaming other people
for my problems and having too much pride or too much false pride or ego-was
contributing to my back problems, my physical problems because when you are walking
around carrying all this negative toxic energy it dissipates all of your vitality and that can
really cause a lot of back problems, specifically upper back problems which is what I had
in the thoracic. So, that was, that can make you very irritable so taking care ofthat back
problem was very important. It wasn't as important as taking care of the alcoholism, and
in some ways addressing both of them are going to help the other, but I've gone to about
thirty appointments for acupuncture, around twenty five chiropractic appointments, I've
done twelve. weeks of physical therapy-I do a lot of meditation work in monitoring my
breathing, my body and I've read a good deal of literature in that regard and listened to a
bunch of self help tapes so that I can notice some triggers of when I'm beginning to carry
tension in my body-and it's going to result in a build up of stress-and you know back
pain whlch is really seemed to exacerbate my character defects and make my behavior
more inappropriate.

What's the most stressful situation you've been under in say the last year and how did
you handle that?

Coughlin:

Last year probably the most stressful situation would relate to my work. I have a business
where I sell mattresses. It's an internet business and I send them through the mail. That's
been stressful in that it was kind of undercapitalized .to start and my business acumen
wasn't that great. I handled that largely through prayer and the help of people in A.A.
Also, I go to Al Anon and adult children with alcoholics meetings and I became aware
that I often try to compensate for feelings of inadequacy by trying to gain achievement or
looking outside myself for reinforcement and that can mean working too hard, not
knowing when to rest, not knowing when, if I'm hungry, angry, lonely or tired. I need to
stop and address those feelings or problems rather than trying to just bull through it and
-4-

make more money or accomplish more things. Like I took the Bar Exam a ye.ar early in
law school, you know, which was a very poor decision in terms of the e~fect It had o~ my
body and my mind and it showed in alot of the incidents that happene~ m that fol.lowmg
semester. So that's helped with dealing with the stress related to runmng the busmess.

So you're still running that business?

Coughlin:

Mmhm.

Okay.

Coughlin:

I'm trying to find work in the legal field and I've had on part time or case by case basis
some research work. But I started the business because it did not appear that there was
sufficient work out there to stay fully employed.

And you run your business out of, from Nevada, or here ..

Coughlin:

From Nevada.

Can you explain what's happening with your conditional admission to Nevada. I guess
they haven't heard from you in a while. What exactly has been transpiring there?

Coughlin:

I got a deferment order from the Supreme Court after the Nevada Character and Fitness
Committee had issued a recommendation that I get licensed. It called for the court to
defer it's decision to October 2003; that time came and passed. So I kept waiting to hear
from them. I called them asked them if there was anything that I needed to do to update
it or further the situation, they said no the court will respond when they do. I have
spoken with the Director of Admissions in Nevada and she indicated some ofthe things
that might help further the process along such as having Dr. Ocskay write some reports. I
requested that Dr. Ocskay do that and he has done that and in fact sending one in this
week. In the near future, my attorney-I spoke with him. He'll be requesting .....

So as far as you're concerned you've satisfied all of the affirmative obligations on your
part during this probationary period or you haven't?

Coughlin:

I've, as far as I'm concerned I have. From what I understood, it was to go to the
psychologist on a monthly basis. I've done that, complied with the rules of the court, I've
done that.

Did you submit...up until now you have not submitted those records and your doctor has
not submitted records saying that you have been in counseling?

Coughlin:

I've been submitting the quarterly reports. I requested at the beginning of our sessions
that Dr. Ocskay do that. And from my reading of the order there was some confusion as
to whether the reports that were submitted by me would satisfy the order or whether Dr.
Ocskay himself would have to supply something separate and apart from what my
quarterly reports contained. I think I've been remiss in not prompting Dr. Ocskay more
-5-

to do something. However on several occasions I've mentioned this to him and he does
just seem a bit uncomfortable with it and it seems that he doesn't really know what the
Bar wants.

So regardless of whether or not he's done anything you've sent in quarterly reports every
quarter since the order was signed in December 2002 through October and currently.

Coughlin:

Yes.

Did you sign the release allowing The State Bar to access your counseling records ...

Coughlin:

Yes.

One ofthe conditions was to abide by the Nevada Supreme Court rules and Rules of
Professional Conduct of the State Bar of Nevada and subsequent to the date ofthe order
and the date of your signing the agreement, you had an arrest. How does that fit in with
complying with the terms of the agreement and the order? Your agreement to abide by
the order.

Coughlin:

It would be a violation of the order.

Is the Bar aware of that or is the court aware of that?

Coughlin:

I wrote the Nevada and California Bars indicating the circumstances of my arrest.

And have you heard from them regarding that?

Coughlin:

I've heard from them in that they told me they got my letter but nothing more specific
than that.

When did you hear from them?

Coughlin:

Shortly after I had sent a letter in with the arrest occurring...

So it was last year?

Coughlin:

Yeah.

The circumstances surrounding the arrest. Could you talk about that.

Coughlin:

The driving arrest?

Yes.

Coughlin:I was stopped at a stop light, a police officer drove past through the intersection past me and
he noticed that I wasn't wearing my seat belt. He turned around and pulled me over. I had had about half
a glass of wine that night, my blood alcohol test indicated it was a .01, which is, originally it said .00,
-6-

which is, indicates that practically no alcohol was present. I think I haven't the right amount of zeros in
there. The officer indicated that he thought I had smoked marijuana and he arrested me-immediatelyafter I questioned whether I needed to take a breath test for alcohol. I was taken to the station, arrested,
took the urine drug screen, tested positive for marijuana.

Had you been smoking marijuana?

Coughlin:

Not that day, but I had in the days before.

The police report would indicate that you had-it was more-I think your statements had
said that there may have been a trace from the clothes you had wore to the sweater often,
but you hadn't smoked in some time. The police report suggests that you may have been
smoking in the car. I mean the smell was that strong coming out of the car when he
approached. How do you explain your side ofthe story and the officer's side of the story?

Coughlin:

Well, I'd wear the same sweater a lot you know in my apartment because I wouldn't turn
on the heat. The times that I did smoke marijuana it was on that sweater. I wore that
sweater out that night.

Were you around people who had been smoking that night? I mean there's a difference
between having an article of clothing and it's like oh you know you've been around
people who smoke and you go, "I smell like I've been smoking."There's a difference
between your smelling like you've been around smoke and smoke wafting out of your
car, so I'm trying to understand the difference between your story and the officer's story.

Coughlin:

I don't recall being around people who smoked that day. The officer- I don't necessarily
agree with some of the things in that report, but that was his opinion.

And you definitely were not smoking in the car that day or had even had a smoke that
day or the day before?

Coughlin:

That's correct.

How does, assuming your ultimately living in Nevada and California, how does
California fit in with your plans when you have a residence in Washington and went to
school there and then you live in Nevada and why California?

Coughlin:

I'm very fond of California; specifically San Francisco, San Diego, Sacramento. I'd like
to move here and practice. Perhaps maintain a practice in both states.

Patent law would be your....

Coughlin:

~atent law would be something I'd be interested in doing. I'd like to do some public
mterest type work. In that regard, California is-specifically the ninth circuit is a state that
I would like to be a part of

I'm gonna ask a question because we've talked about the handling stress, so you don't
-7-

need to explain why or what kinds ofthings were happening in your life that brought you
to the kind of mind set you were in when you took the cyber law course during the
summer and then subsequent, but I'm going to ask you point blank: did you write and
turn in the paper that you claimed you turned in for that class?
Coughlin:

Yes. Absolutely, I did.

And your decision to turn in only a hard copy and not abide by the requirements of the
professor, I'd like for you to talk about that a little bit and why, you know you don't look
like a kid to me, you're younger than I am, but I know enough about computers to know
that you save everything you do and something that's as important as the work you do in
law school- you want to make sure you have it and I'm assuming you know you spent
time to do an eighteen page paper, something you might need as a writing sample or
something at some other point. How is it possible that you don't have a copy ofthat to
make sure that when things didn't quite turn out the way they should have that you could
fix that situation?

Coughlin:

Well, as far as the first part of the question. I wasn't aware, I went to the class the day
the paper was due with a hard copy in hand. I had missed the last ten minutes of the class
where the professor had apparently announced that he wanted a digital copy as well for
the purpose of loading it on to his laptop to read while on a plane flight. I had been
present in class when the professor had said he had wanted to upload the papers to a
cyber law website that was going to be created. I wrote the paper in somewhat of a
hurried manner. I was going to take the Nevada Bar Exam the next week, so the paper
wasn't very good in my opinion. I didn't want it to be on a website because I didn't think
it was indicative of what I was capable of but rather that it was poor and hurried work.
When I got to class and noticed people were turning in disk copies as well as hard copies
I assumed that it was for the purpose of loading it on to the cyber law website. I wrote
atop the paper that I did not wish for my paper to be included on the cyber law website
and as such would only be turning in a hard copy. That was a poor unilateral decision to
make. I shouldn't have done that. I should have obeyed whatever the professor had said.
And it's further indicative of my level of disorganization at that time you know and the
latter stages of alcoholism-not very organized, missing the last ten minutes of class,
missing when the professor said why he wanted that copy. It's slightly arrogant,
impetulent to you know right that atop the paper.

Did you think to ask any of your fellow students or the professor directly I mean, what's
going on here, do I need to submit something that's just a hard copy, or?

Coughlin:

I asked the students sitting around me whether we needed to submit an electronic copy
and some of them said I think so and some of them said yes. I believe I meant to submit
one anyways in addition to what I wrote atop the paper, but ultimately didn't; went on to
getting ready for the Bar Exam and taking it and either forgot about it or thought what I
wrote atop the paper was sufficient. In regard to-I had-just to make the point I, a few
students did sign affidavits saying they saw me turn in the paper.

They said they saw you turn something in.

-8-

Coughlin:

Ok Well, is that what it says.

No, I'm saying the way I would read that. My interpretation is they saw you tum
something in. How did they know it was that paper or not? Unless they sat and read it
and said, "Oh yeah I read it and that was the paper." Otherwise it's you putting
something in-you know people are piling stuff on-who knows what you turned in. If you
turned in anything at all. And I am not saying you didn't, I'm just clarifying.

Coughlin:

As to the latter part of your question, whether I had a back up copy of it. I had written it
on a laptop computer. I was living with my girlfriend that July. The computer's reading
arm on the hard drive broke off and the USB port got cracked in some way. I took it to
Best Buy to get it fixed and several other computer places. They informed me that the
computer was pretty much unfix able absent some expensive data recovery type services.
I was remiss in not making a disc back up ofthe paper. Again that's indicative of being
an alcoholic--not taking all of the steps and being present and being responsible--thinking
you can print off a paper and tum it in and you know ...

Were there more than two drafts ? Do you have the draft that you turned in that had
various comments-and then understand-wouldn't have wanted anyone to be privy to and
then there was the draft that you turned in. Were there more drafts than that? You wrote
your initial draft with place holders and then you worked on it and that next draft was the
one that you turned in since it wasn't what you call up to your quality. Those were your
only two drafts?

Coughlin:

That's correct.

Where did you save the first draft?

Coughlin:

I think it was saved on my Hotmail account. The one with the blue or purple language in
it. I had emailed it to myself, I believe.

Okay, and you didn't think to email the final draft to yourself so that you would have it.

Coughlin:

. Well the final draft I had taken that draft and the paper was due that afternoon and I
worked-so I took that draft and worked on it all day at the school library or the school
library computer place. I got it into a final form and printed it out.

So the draft that you emailed to yourself, you opened up that email at the school, worked
on it, when you got it finished or to whatever you thought was what you were going to
turn in, you just printed it and that was the end of it?

Coughlin:

Yeah.

You didn't email it back so that you would have a copy.

Coughlin:

I can't honestly say in remember saving it to a disc and taking it home or anything. I
do know that I thought, it's printed out, I'm turning it in, it's done.
-9-

Q
Coughlin:

Alright. Thank you. We don't have any other questions if you'd like to close with a
statement you're welcome to do so but you don't have to.
I'd just like to you know impress on you that I really have changed, you know. I've gone
to probably five or six hundred A.A. meetings; I've listened to hundreds of speaker
meetings on A.A. tapes. Alcoholism is in my genetics, you know-it's something that's
really exacerbates my character defects. Even if you took out the alcohol, I' d still have
character defects, still have the alcoholism part of it. I've really worked to address that.
There has been pretty much a complete psychic change in me as a person. I no longer
have such a self seeking life, where all life is about is me collecting one achievement
after another as a means to build myself up. Rather I see that-there is alot more to be
experienced in life by giving to other people and living for, living an other directed life.
Probably the main change in me is that I've turned my will and my life over to my higher
power who I choose to call God, and in so doing, I'm no longer trying to transcend these
feelings that I have inside, whether they be negativity, self pity, blaming other peoplejust alot oftoxic emotions that you see in alcoholics and children of alcoholics- rather
than trying to transcend those feelings through absolutely controlling something like
achieving things in life or controlling things by drinking-through them. Covering them up
with alcohol. I'm realiziIlg that only God absolutely controls things. So, I accept my
limitations and in that I feel I have been able to become more whole as a person, and
avoided the trap of what happens when you try to absolutely control things in your life,
whether it's your reality with alcohol or the people, places or things around you, you
often become absolutely dependent upon them and, you know by praying and turning my
will over to God and asking for knowledge of his will the power to carry it out, I'm able
to find a middle ground where I am responsible and I control what I can in life and I'm
not overly depending on alcohol or anything else or any other person in my life and in
doing so I have been able to become a more healthy and balanced individual who- really
is a night and day difference from who I was.
Thank you.

end

-10-

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702/382 8778
t.d' "'1, iuite 770. Las Veqas, NV 89102

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THE STATE BAR OF NEVADA

BEFORE THE COMMITTEE ON MORAL CHARACTER AND FITNESS

3
4
5

In Re Matter of ,

ZACHARY B. COUGHLIN ,

6 COMMITTEE ON MORAL Cf1.ARACTER

7

AND FITNESS
STATE BAR OF NEVADA .

)
)
)
)

)
)
)

8
9

10
11

12

REPORTER' S TRANSCRIPT OF PROCEEDINGS

13

Taken on Friday , March 1, 2002

At 9 , 20 o ' clock a . m.

14

15

At 600 East Charleston Boulevard

16

Las Vegas , Nevada

17

18
1

20
21
22
23

24
25 REPORTED BY :

DONNA E . MIZE , CCR NO . 675

ASSOCIATED REPORTERS OF NEVADA - 702/382 -8 778

2300 W. Sahara , Suite 770 , Las Vegas , NV 89107

MICHAEL ROWE ,
Chai rman

Esq.

LORI STORY , Esq .

Member
KEVIN KELLY , Esq .
Member
GREGORY BROWN , M. D.
Member

PATRICE J . EICHMAN, ESQ .

Director of Admissions
STACY CATE
Admissions Investigator

EXHIBITS
Description

Page
3

57
57

ASSOCIATED REPORTERS OF NEVADA - 702/382 -8 778

2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

FRIDAY , MARCH 1 , 2002 , LAS VEGAS , NEVADA

(9 : 20 a . m. )
MR . ROWE :

Good morning , Mr . Coughlin .

My

4 name is Michael Rowe , and I ' m the chairman of the State

5 Bar on Moral Character and Fitness Committee .
I would like to introduce the panel members

if I may .

On my immediate right is Dr . Greg Brown .

On

8 my immediate left is Ms . Lori Story , and on my far lef

9
10

is Mr . Kevin Kelly .
Mr . Coughlin , as part of our usual procedure

11

we mark a copy of the notice of formal hearing as the

12

first e xhibit and present that to the applicant .

13

you take a look at that notice .

14
15

Would

(Exhibi t 1 marked)

THE WITNESS :

I got it in the mail .

16 believe i t is a copy.
17

18

MR . ROWE :

Tnat is the notice which you are

responding today?

19

THE W:TKESS :

20

MR . ROWE :

Sure .

Mr . Coughlin , let me tell you

::0

21

based on my marriage

a court reporter for a long

22

time that you need to say yes or no .

Except for me ,

23 according to my wife , they can ' t hear your head rat Ie

24

when you shake it and uh-huhs and uh-uhs are hard to

25

hear and they are hard to report so if you would answer

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

1 audibly and clearly so the reporter can get your answer

2 down , we would be appreciative of that .
I would like to refer to the notice,

4 Mr . Coughlin .
5 of the hearing .

I would like you to refer to the scope

You have been noti fied that the

6 committee is conce rned about your character and fit ness

7 including but not limited to some c riminal charges that
8 are indicated in t he record and a law school incident
9 regarding your cyber law c lass and any other matters
10 that may come up during the hearing .
I will menti on to you that the committee will

11

12 have questions of you , and you may be in the middle of

13 saying something that the time a question is being
14 asked , and I will apologize in advance , but it will
15 happen, and we like to ask questions when we thi nk of
16 them so that we don ' t forget what we were about
17

0 ask .

If you wil l note under the paragraph relati ng

18 to the procedures you will see that the burden is upon

19 you or any applicant to establish your moral character
20 and fitness to practice law in this state .
21 is by clear and convincing evidence .

That burden

You are entitled

22 also to have counsel represent you at this hearing , and

23 I see that you a r e not accompanied by coun sel this
24 morning .
25

Were you a ware that you could have an

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

1 attorney here to represent you?

THE WITNESS :

Well , I read this and my

3 understanding of it was that I could hire an attorney ,

4 not that I would have one appointed as you might in a
5 criminal conte x t where jail time wa s , you know, likely
6 or possible .
7

I was a ware , yes .

MR. ROWE :

Do you wish to proceed this

8 morning , Mr. Coughlin , without counsel here to

9

represent you?

10

THE WITNES S :

11

MR . ROWE :

I don ' t have any choice .

Let me clarify that for you .

If

12

you request it , sir , we would be -- I can only speak

13

for myself , but I believe the committee would be

14

amenable to a continuance of this matter for you to

15

have the time needed to retain counsel to represent

16

you , if you request it .

17

will proceed .

18

THE WITNESS :

If you don ' t request it , we

I thi nk I would like to proceed

19

both because , you know , anymore cost that would be

20

incurred i n getting a continuance , I would like to

21

avoid and because , you know , I just intend to be

22

forthcoming with you , not that if I had a lawyer I

23

wouldn ' t be .

24
25

MR . ROWE :

Mr . Coughli n , let me finish with

the procedure and then I will ask you to be s worn and ,

ASSOCIATED REPORTERS OF NEVADA - 702/382 - 8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

1 believe me , you wil l be provided with any opportunity

2 to make any statements and offer any testimony ,

3 evidence and testimony by the wi tnesses that you may
4 wish .

In fact , that is part of the notification , that

5 you may offer such witnesses in support of your

6 application .
7

Do you understand that?

THE WITNESS :

I did -- you know , I don ' t have

9 any witnesses or a lawyer , and I should just say yes at

10 this point because we are doing procedure .

11

MR . ROWE :

If you are aware , I will move on ,

12 and , 1n fact , why don ' t we have

would you swear the

13 applicant in , and then if he wants to launch into an

14

e xplanation , it will be under oath .

15 Thereupon--

ZACHARY B. COUGHLIN ,

16
17

was called as a wi tness , and having been first duly

18

s worn , was e xamined a nd tes ified as follows :

19

MR . ROWE :

The next part of our notice is

20 notification that you may file with the committee any

21 prehearing brief containing any materials or
22 authorities that you might want us to consider in our
23 deliberations regarding your application .
24
25

You were

aware of that?
THE WITNESS :

Yes .

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778

2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

MR . ROWE :

The burden is upon you ,

2 Mr . Coughlin , to demonstrate that you have the

3

requisite , moral character and fitness to become a

4 member of the State Bar of Nevada .

We are making a

formal record here today .

into a booklet f ormat , much the same as a ny other

record is prepared .
When we are finished today and assuming that

8
9

That record will be prepared

t h e record does n ot remain open for the producti on of

10 documents either at our r equest or your request , then

11

the matter wi ll be submitted to the State Supreme

12 Court .

They are the ones that make the ultimate

13 decision .

We are merely a fact finding body f or them ,

14

and we make recommendations to them , but the Nevada

15

Supreme Court is the body t h at makes the final

16 determination .
17

Do you understand that?

18

THE WITNESS :

19

MR . ROWE :

Yes .

Today , Dean Morgan is here .

20

understand that you and MS . Eichman have discussed Dean

21

Morgan ' s testimony and the fact that the notice did not

22

contain a notification paragraph in it to you that Dean

23 Morgan would testify .

24
25

Do you walve any

deficie~cies

in the notice

to allow Dean Morgan to testify?

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

THE WITNESS :

MR . ROWE :

Yes .

A couple of other matters .

3 would like you to listen to these carefully because I

4 have some questions regarding your applicant that I
5 would like to ask the director before \ole get started ,
6 and you need to pay particular attention to these
7 questions because the burden is upon you as you know
8 from the application to provide a complete application
9 to the director of admissions and to the committee .
10
11

I have noted in

he information that has been

submitted to us that with regard to question 15

12 Mr . Coughlin has indicated a negative answer regarding

13 dropped , placed on suspension -- excuse me , placed on
14 probation , suspended , disciplined , expelled , dismissed
15 by a school or institution of higher learning , and we
16 know there has been at least some question about that .
17

In your opinion is this application complete

18 and lS Mr . Coughlin ' s supplement required?

19

MS . EICHMAN :

For question 15 although it

20 asks for ha ve you ever been dropped , placed on

21 probation , suspended , disciplined , expelled , dismissed
22 or are sub j ect to discipline for violation of any
23 school policy, it is my understanding that none of
24

those have actually occurred , but it would never hurt

25 to have a supplement when there was an ongoing

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

1 investigation
2

0 let us know what was going on .

I don ' t believe we had anything in wri ting

3 that gave the final outcome .

I don ' t know .

Maybe

4 there wasn ' t anything in writing provided, but if there

5 was we ';QuId like to have that provided .
6

MR . ROWE :

7 question 28 .

I ha ve the same question regarding

There is some indication by documents

8 that the applicant has provided t o us that there was at

9 least a criminal complaint , and I thin k his statement
10 to us is that he was arrested for three misdemeanors .
11
12

Have you received all the information

regarding question 28 relating to have you ever been

13 arrested , cited, i.ndicted or tried for or convicted of

14 any c riminal charges including juvenile matters or
15 moving violation.

Have you conside red all that you

16 needed to consider the application complete with regard

17
18

to that question?
MS . EICHMAN :

With regard to question 28 , I

19 believe Mr . Coughlin did supplement his answer when the

20 arrest did occur , but we did not receive the ac ual
21
22

police repo rt that would describe the incident .

At his informal hearing he did supplemen

the

23

record with the complaint and the docket sheet that

24

showed a dismissal by the court , and that may be all

25

that was available regarding the dismissal , but I know

ASSOCIATED REPORTERS Of NEVADA - 702/382-8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

10

1 we do not have an ac ual police report .

MR . ROWE :

We can certainly get into that .

3 Those are my questions .

Does anyone else have a

4 question relating to the procedure before we get

5 started?

Sir , the burden is yours so you may make your

7 openi ng statements and provide your testimony .

THE WI TNESS :

Well , I would like to , you

9 know , point out that wit h the burden being on me and

10 the fact that I haven ' t supplemented you with any
11 prehearing brief or have an attorney doesn ' t mean that
12

I don ' t take this seriously or don ' t want to practice

13 law here .
14

I received notice of this , I believe , around

the 21 , 22 , and the.next day I was

I had already

15 planned to go to California , and I have just recently

16 completed taking the bar exam ln California yesterday .
17

Please don ' t let my lack of witnesses or hearing brief

18 indicate that I don ' t care .

MR . ROWE :

19

20 moment .

Let me interrupt you there for a

We won ' t and we don ' t -- I would like to

21

revisit with you once again the idea of obtaining

22

counsel and proceeding today .

We want to afford you

23 every fair opportunity to be as prepared as you would

24

like to be to present to us anything and everything

25

that you think is relevant to your application to

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

11

1 practice la w in the State of Nevada , and if you do not

2

feel prepared to go fonlard today , all you need

0 do

is me n tio n that to us right now, and we will allow you

4 whatever t ime you need to become as prepared as you

5

think you ought to be .

I don ' t want yo u to think that we are going

to ramrod this thro ugh or we have any compell ing reason

to get it d o ne toda y .

Slr , if you wish to go forward o r if you would like

10

We do not .

It 1S up to you ,

some additi onal ti me to become better prepa r ed .

MR . KELLY :

11

Before you answer that , my sense

12

is that you don ' t totally appreciate the seriousness of

13

these

14

not a single note .

15

finished taking the ba r exam whi ch f o r anyone of us 1S

16

a very draining , e xtremel y pre ssured situation .

17

roceedings .

I ' m looking at you , and there is

You just acknowledged that y ou

I have already allocated time for this

18

hearing today , bu t I ' m telli ng you I would defer in a

19

second based on what you are telling me and what I see

20

toda y to strongly suggest that you consider the Chair ' s

21

offe r to reschedule this and maybe have somebody here

22

to help yo u .

23

You s pent three years at law school .

24

here today because there is some issues tha

25

arise n that may cause u s concern .

You are

have

I thi nk you need to

ASSOCIATED REPORTERS Of NEVA DA - 702/382-87 78

2300 W. Sahara , Suite 770 , La s Vegas , NV 89102

12

1 glve it the appropriate importance that it deserves .

2 It is up to you .
3

THE WITNESS :

Thank you for telling me that .

4 Would it be possible for in terms of meeting this

5 burden of proof to establish my character , would it be
6 possible for me to anSVIer any questions you might have
7 today about the criminal matter or the law school
8 incident because I feel comfortable answering questions
9 about those , but in terms of meeting my burden in terms
10 of having things , like , I don ' t know what might be
11

standard in this situation , have someone come in to

12

vouch for my character or some of those things , if I

13 could supplement this hearing at some time or the

14

dismissal or the police report , things to show that I ' m

15

trying to meet this burden , and I think that I would

16 prefer that , to be able to answer questions today and

17 do what I can today to address

18

hese matters , and then

in terms of the burden , later have some supplementary

19 material s if that seems necess ary and appropriate .

20
21

MR . ROWE :

My own view on that is , and I will

let the rest of the committee speak for themselves , but

22 my own view on that 1S we have certainly allowed the

23

record to remain open for the additional materials that

24

people desire to submit to us , and we have left it open

25

for as long as needed for those materials to be

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

13

1 assembled and supplied .

2

The likelihood that there would not be a

3 further hearing on the record is no better than 50/50

4 because if you submit information

0 us that prompts

5 any question whatsoever in my mind , and I think in the

6 other committee member ' s minds as well , we would want
7 to ask you those questions .

We do not ask ques ions of

8 an applicant under these circumstances without having

9 it on the record in the context of a formal hearing .
You certainly may do that .

10
11

tell you how to work your case .

I am not going to

I ' m giving you an

12 opportunity to obtain advice about how to do that , but

13 we are not here to advise you as

0 how to do that .

More than likely , though , if you did submit

14

15 significant other supplement materials , we would call

16 you back in and have questions about those rna erials so
17
18

you know .
THE WITNESS :

I ' m comfortable with that .

19 certainly take your warning seriously , sir .

From what

20

I understand , everything that we are talking about

21

today , the criminal charge , you know, I feel completely

22 comfortable talking about that .

I indicated to

23 Mr . Bailey things that were in the police report as I

24
25

was completely forthcoming with him .

The law school incident is pretty much
ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

14

recorded entirely ln E-mail con versations so in terms

of an evidentiary matter t hat is all admissible so I

wou ld like to go on and add r ess these matters .

MR . ROWE :

I think we have provided you a

fair o ppor unl y to know what yo ur rights are so we

6 will continue .
Do you wish to make any further o pening

7
8

statement , or a r e you submitting that to us no w for

9 questions?
THE WI TNESS :

10

Just that , you know, I have

11

apo logized to all these people in these E- mails f or the

12

rudeness , the lack of professionali s m, and , you kno w, I

13

think I got the c haracter and fitness necessa r y to do

14

this job , and I take it seriously .

15

have to say .
MR . ROWE :

16
17
18

That is about all I

Mr . Kelly , are you prepared

go

for ward?
MR . KELLY :

Can you tell me exactly how the

19

criminal c harges commenced because we don ' t have a copy

20

of the discovery?

21

Apparently , you were arrested f or three

22

charges and the district attorney , I ' m as s umi ng , made a

23

decision to charge you o n l y with the obstruction .

24
25

Tell us what happened on Octob e r 14 of last

year that brought about this arrest .
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15

THE WITNESS :

I rode my bicycle to the

Sh o wcase cinema or movie theater on the Strip , Las

Vegas Strip , and I wa s theater hopping , going from one

4 movie to another , and an usher approached me and asked

5 me to talk with him outside in the hallway .
6 and then I e xited .

I indicated that I would .

I stood up
I stood

up and then decided I would just rather leave the

theater and I did quickly .

They pursued me and I started t o run , and

10

then they yelled some obscenities at me .

11

gentleman in plain clothes and one , I believe , looked

12

as though he was an usher , and they were running after

13

me f o r abo ut hal f a mile I would say.

14

At this point I didn ' t think they were

15

chasing me for theater hopping .

16

were chasi ng me .

17
18

One of these

I didn ' t know why they

I wa s actually a little bit scared .

Then in the course of the c hase we came upon

several police officers , and I was running at the time .

19 The p o lice officers told me to sop .

I stopped as soon

20

as the adrenalin that was running through me from

21

running already all o wed me to stop .

22

the air , and approximately o ne to two seconds later I

I put my hands i n

23 was arrested .

24
25

MR . KELLY :

How far after you were ordered to

stop did your adrenalin allow you to stop?

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16

THE WITNES S :

MS . STORY :

THE WITNESS :

MS . STORY :

How far?
How far did you go?
Probably 20 feet .
Did the people at the theater

identify themselves in anyway when they first

approached y ou ?
THE WITNESS :

clothes .
MR. KELLY :

You were still living on Jones?

10

THE WITNESS :

11

MR . KELLY :

12

THE WITNESS :

13

MR . KELLY :

15

THE WITNESS :

16

MR . KELLY :

Where were y ou living ?

Los Reyes .

You drove your bike downto wn?

That ' s right.
Any particular reason you went

THE WITNESS :

It 1S the closest mOV1e

theater.

20

MR . KELLY :

21

THE !'IITNESS :

22

MR . KELLY :

23

showcase at Maryland Parkway?

24
25

It is by the

downtown?

18
19

No .

Uni versi ty .

14

17

No , one of them wa s 1n plain

THE WITNESS :

To the university area?

As far as?
Are you talking about the

No , the Showcase right on the

strip .
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17

MR . KELLY :

What caused the officers to write

up the evading resisting obstruction?

THE WITNESS :

I ' m not sure .

As I indicated I

4 put my hands above my head , and then they arrested me .

5

I did what I thought would indicate I was not resisting

6 at all by putting my hands behind my back, and they

7

later told me that it was resisting , possibly rea ching

for a weapon or something behind my back .

I have never been arrested before so I didn ' t

9
10

know how to indicate I ' m not resisting , you know, it

11

was a full on arrest with , you know , we will break your

12

thumb , mother fucker , and this sort of stuff with my

13

thumb held in this way .

14

kno w, asking things like is this a Terry stop or am I

Shut the fuck up .

I wa s , you

15 being arrested o r these law school doctrines , and in my

16 opinion , that didn ' t help .
Clearly , I think they are within their bounds

17

18 as police officers when somebody is runnlng and t wo

19 people are saying stop him , whi ch I imagine they were
20

saying , but I can ' t remember e xa ctly that that is why

21

they arrested me .

22

I can ' t speculate as to why they cha rged me

23 with what they charged me with , but there was a lot of

24

shu

the fuck up , we don ' t give a fuck you went to la w

25

school , you know a lot of fucking people went to law

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18

1 school .
MR . KELLY:

I get the gist of the language .

3 Wha t time o f day was this?

THE WI TNESS :

About 10 : 00 at night , 10 : 00 or

11 : 00 .

MR . KELLY :

THE WITNESS :

MR . KELLY :

THE WITNESS :

10

MR . KELLY :

11

THE WITNESS :

12

MR . KELLY :

13

THE WI TNESS :

14

MR . KELLY :

Had you been drinking ?

I might ha ve ha d one at dinner .
What time was dinner?

7 : 00 .
Were you with anyone?
No .
Where did you eat ?
At home .
So you had one beer at dinner at

15 home?
THE WITN ESS :

16

17 it

1S

I can ' t remember , but I thin k

possible .
MR . KELLY :

18

How long had you been in the

19 theater up to this point?

20

THE WITNESS :

21

MR . KELLY :

22

theate r s .

Probably an ho ur .
You were hopping between

Did you pay for a s ingle show?

23

THE WITNESS :

24

MR. KELLY :

25

THE WITNESS :

No .
How did you get in?
I just walked i n .

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2300 W. Sa hara , Suite 770 , La s Vegas , NV 89102

19

MR . KELLY :

So you were hopping between

2 theaters and you weren ' t even legitimately there for a

3 single show?
4

THE WITNESS :

MR . KELLY :

6 went to court .

That ' s correct .

Tell us what happened when you

Tell me the sequence of the court

7 proceedings?
THE WITNESS :

At the arrangement two of the

9 charges were just not pursued so I assume that means

10 they were dismissed .
MR . KELLY :

11

You mean the criminal complaint

12 only charged you with the one offense?

THE WITNESS :

13

That ' s correct.

Then a court

14 date was set and I contacted Mr. Wil liam Hane and -15

MR . KELLY :

16

THE WITNESS :

The DA?
Well , I think he is one of the

17 DAs or -18

MR . KELLY :

19

THE WITNESS :

He is a deputy DA .
Okay .

He dismissed the charge

20 provided that I didn ' t get in trouble until the date of

21 my trial which was , I believe , January 17 .
MR . KELLY :

22

Had you received a copy of the

23 discovery?

24

THE WITNESS :

25

MR . KELLY :

What is the discovery?

Give me an idea of wha t your

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2300 ~l. Sahara , Suite 770 , Las Vegas , NV 89102

20

..

1 criminal law cou rse s are?

Have you taken moot court or

2 anything?
3

THE WITNESS :

MR . KELLY :

No .
Did you take any clinical program

5 for advocacy?
6

THE WITNESS :

MR . KELLY :

No .
What did you have in criminal

8 law?
9

THE WITNESS :

Criminal procedure , criminal

10 law , thi ngs of that sort , constitutional law .

11

MR . KELLY :

12

THE WITNESS :

l3

MR. KELLY :

14

THE WITNESS :

15

MR . KELLY :

So strictly classroom studies?

Yes .
Have you ever sat lr a courtroom?
Yes .
What did you sit In a courtroom

16 for?
17

THE WITNESS :

18

MR . KELLY :

19

THE WITNE SS :

20

MR . KELLY :

21

THE WITNESS :

22

MR . KELLY :

Bankruptcy .
For yours?
No .
Someone else ' s?
Yes .
Have you ever sat In any of

23 arraignment calendars in any of the justice courts or

24 d istrict courts?
25

THE WITNESS :

Just for my own hearing .

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2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

21

MR . KELLY :

It is safe to assume you didn ' t

2 have much e xperience either academically or just

3 watching prior to going into court on the arraignment
4 date for your case ; 1S that a fair assumption?
5

THE WITNESS :

MR . KELLY :

Yes .
When did you meet up with

Mr. Hane?

THE WITNESS :

MR . KELLY :

I think

--

I will advise you I ' m looking at

10 the minutes and he was there for the November 14

11 proceeding .

Is that the first time you met with him ,

12 or had you tal ked to him ahead of court?

13

THE WITNESS :

I think I waited after that

14 proceeding to talk to him , and I tal ked to him that

15 day , some time later that day , about an hour after .
16

MS . STORY :

You mentioned the police report

17 in your earlier statement when y ou were talking abcut

18 Mr . Bailey and you were forthcoming , and you told him
19 stuff that wasn ' t in the police report ; do you have a
20 copy of that police report?
21

THE WITNESS :

22

MS . STORY :

No .
How do you know what was 1n the

23 police report?
24

THE WITNESS :

I guess I don ' t know what is in

25 the police report , but I know I wa s n ' t charged with

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22

theater hopping or anything of that sort so I

2 assumed -- that is what I meant when I said I told
charged
3 him -- I didn ' t go In there and see - - I was

with these three things , and they were dismissed .

5 said I was charged with these three things .

They with

6 dismissed and they were in connection with this theater

7 hopping .
Did you ask Mr . Hane for a copy

MS . STORY :

9 of the police report or anything?

10

THE WITNESS :

11

MS . STORY :

No .
I think that is what we mean by

12 discovery .
13

THE lHTNESS :

14

MS . STORY :

Okay .
He didn ' t o ffer to show you o ne

15 or make any reference to submit it?

16

THE WITNESS :

MR . KELLY :

18

MR . ROWE :

19

DR . BROWN :

No .
I wou ld like to see that report .

I wo uld too .
As you were runnlng from the

20 theater , did the plain clothes off i ce r identify himself

21 as a policeman?
22

THE WITNESS :

I don ' t know of any plain

23 clothes officer .
24

DR . BROWN :

You referred to someone who was

25 in plain clothes?
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2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

23

THE WITNESS :

2 theater ma nager .

I believe that was a movie

I later learned that -- I didn '

3 learn but it was suggested that was a movie theater

4 manager , and he was off duty that night .
MR . ROWE :

When you were addressi ng

6 Mr . Kelly ' s questions you made a couple of statemen s

7 abou

why you were at t he theater , a nd I want to be

8 sure I understand your testimony co r rectl y .

Is it cor r ect to unders a nd that you went to

10 the theater a nd got in , e ntered the theater without

11 purchasing a tic ket for any of the movies that might be
12 shOl-ling 1n the theaters?
THE WITNESS :
MR . ROWE :

14

That is correct .

At the time that you did that ,

15 were you aware that it was customary and usual to

16 purchase a t i c ket to view t he movies?
17

THE WITNESS :

18

MR . ROWE:

I was .

How did you enter the theater

19 W1 hout purchasing the ticket?

THE WITNESS :

20

There is a hallway t hat just 1S

21 on -- the Showcase theater has two hallways , a nd one is

22 manned by a security guard or an usher and the other 1S
23 not .
24
25

I had intended to pay for the movie .

There was a

line about 30 people and unfortunately , I didn ' t .

MR . ROWE:

Do you t hin k that is fair to the

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2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

24

1 proprietor of the thea er?

THE WITNESS :

MR . ROWE :

To view the movie without paying

for the admission?

THE WITNESS :

MR . ROWE :

Not at all .

Not at all .

How many times had you d one it

before that night?

THE WITNESS :

That was the first time ln my

9 life I had ever done that.

MS . STORY :

10
11

How were you aware to get into

the theater by this unmanned hallway?

THE WITNESS :

12

I had been in the theater

13 before and I noticed the hallway.

14

That is hOlv

r was

aware of it .
MR . ROWE :

15

When you submitted -- I can ' t tell

16 if this is a fax or E- mail , and it is dated October 29 ,

17

and it is to Ms . Eic hman , the director of admissions ,

18

you indicated that you had been arrested and charged

19 with three misdemeanors and stated I very much believe

20

this is a case of mistaken identity .

21

by that?

22

THE WITNESS :

What did you mean

From what I understand from

23 what I was told , the gentlemen weren ' t chasing me

24

because they thought I was theater hopping o r anything

25

to that extent .

Later it was told to me that I matched

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2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

25

1 the description of someone "ho had either been

2 stealing -- I ' m not sure "hat , stealing something from
3 the candy bar section or maybe purse sna tching .

4 never wa s clear on that .

It was indicated to me that I matched the

6 description of someone who had in the months prior been

7 involved in some situations that involved some sort of
8 theft .

That is -- and the police officer said , you

9 know , you match the description of t hi s guy or you

10 know , that is why they are chasing you , and so that is
11 why I think it was a case of mistaken identity .
MR . KELLY :

12

In that same note that you sent

13 which struck me when I read this , which I highlighted

14

and circled , as I indicated to Alex , I believe around a

15 "eek ago I was arrested .

Let me tell you I found that

16 strange .

I mean , I highlighted and circled it In red .

17

I found it strange because here is a guy who

18 is in his third year at law school , hadn ' t seen any

19 other criminal arrests or convictions or anything , and
20 it had kind of a well , it was a week ago , I 'm not
Ll

really sure kind of thing as opposed to on October 14 ,

22

I was arrested for , you know .

I believe around a week

23 ago , how definitive , how precise is that information

24

when it onl y happened - - we have had people sitting in

25 your chair who are trying to remember events several

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2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

26

years earlier , and here this is a documen

date

October 29 and this event occurred on October 14 .

We are talking about t wo weeks earlier , and

you say I believe around a week ago .

of this package that we each have , your application is

This is in terms

6 in it , I have a brief n ote fr om the director of

7

admissions , we have your application, I have the two

documents from the court , the complaint and the

9 minutes , and then I see your -- this is the first note .

10

We haven ' t even got into all the stuff

11

involving law school , and that is the first thing I

12

highlight because I ' m saying what is going on with this

13

guy .

14

My comments to you at the beginning of these

15

proceedings were somewhat based on what I read las

16

night and you coming in this morning , it appears taking

17

this in the same vane that you took the arrest , you

18

know , it happened , you know , I ' m 25 years old , no big

19

deal .

22

I ' m sorry .

THE WITNESS :

20
21

Go ahead .

I certainly don ' t feel that

way.
MR . KELLY :

You may not .

ha, and

But everything you

23

are doing manifests

his statement is a clear

24

manifestation of not taking it serious , not even having

25

the courtesy to find out e xa ctly when it was , and it

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2300 w. Sahara , Suite 770 , Las Vegas , NV 89102

27

1 only happened two weeks earlier , and it is the firs

2 time

~n

your life you are ever placed

~n

handcuffs .

3 Were you given a citation or were you sent to jail?

4

THE WITNESS :

MR . KELLY :

THE WITNESS :

MR . KELLY :

~n

city jailor county

Clark County Detention Center .

You had the benefit of going down

to - -

10

THE WITNESS :

11

MR . KELLY :

12

THE WITNESS :

13

Were you

jail?

I spent the night in jail .

Maybe I could explain .

Absolutely .
At this time , you know , I was

taking a full load of law school classes .

14 my bike

I was riding

0 school because I didn ' t have a car , and I

15 was living in a garage because I didn ' t have any money

16 so it wasn ' t a case of me just not caring enough to
17 look up the date of the arrest , you know , I wa s doing
18 what I could to get through my life , you know, and take
19 care of all my responsibilities and make sure I
20 complied with telling the Bar about the arrest , and ,
L1

you know , I wish I had been more specific about the

22 date of the arrest and things of that sort .

MR . KELLY :
24

This is happening about 30 days

after September 11 so forgive me if I don ' t feel

25 overwhelmed by your tragedy in life that you were

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2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

78

bicycling to the movies and were living -- you know,

that goes to some of the other comments because i

woe lS me throughout the comments .

accepting any responsibility , everything was you are

taking a heavy course load , eve rybody is picking on you

so keep going because you need a long way to go for me .

was

You were not

I don ' t have anymore questions on this area .

MS . STORY :

No .

DR. BROW:

No questions.

MR . ROWE :

10

I would like to wrap up on this

11

arrest ln October of last year with this observation .

12

There are charges that can be brought against people

13

that fail to pay for a room at a hotel or ta x i cab or a

14

mOVle .

15

person .

16

language .

Up north it is called defrauding a business

Various ordinances are written in different

What concerns us is not so much the

17
18

significance of seeing a free movie , it is the

19 dishonesty that goes into that and that goes directly

20

on what we perceive to be an applicant ' s moral

,,1

character .

22

I would like you to explain the termination

"3

of your employment at the law library at Boyd Law

24

School , and I will ask you to specifically e xplain what

25

was going through your mind when you took ten dollars
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2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

29

from the - -

1 1m not sure \.Jhere it was,

it wa s a change

2 box and left an IOU .

Explain to us the nature and c ircumstances of

4 your employment , wha

your duties were and why your

5 termination occurred .
THE WITNESS :

I don ' t know exactly why I was

7 terminated , but I suspect it involved that as well as

8 something with not performing my duties very well a
9 the job there "'hich included spe cifically putting
10 labels on envelopes , and I had to sit down with the
11 manager of the library about my inability

0 -- or my

12 lack of putting the envelopes o n straight .

The I OU note was poor j udgment again .

13
14

My

girlfriend wa s coming into town that might, and my car

15 broke down

hat day , and I didn ' t -- I wa s having

-- my

16 parents were sending me money that wa s to arrive the

17

nex

day in the mail so I didn ' t have any money, a nd I

18 needed some way to pick my girlfriend up from the

19 airport .
I put an IOU note in the change drawer and

20
21

the next morning before anybody said anything , I paid

22 it back .
MR. KELLY :
24
25

Were you

n p t tj

no paid when you

were working at the library?

THE WITNESS :

Yes .

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2300 W. Sahara , Suite 770 , Las Vegas , NV 8910 2

30

MR . KELLY :

THE WITNESS :

MR . KELLY :

What we re you getting paid?

Seven dollars an hour .
How many hours a week were you

4 working?
THE WITNESS :

6 wee k .

I was working about 12 hours a

I might have been working more than that at some

7 point .
8

MR . KELLY :

Were you receiving some

9 assistance from your family , financial assistance?

10

THE WITNESS :

11

MR . KELLY :

12

THE WITNESS :

13

MR . KELLY :

Occasionally .
Were you living off campus?
Yes .
Who was

pay~ng

the rent for the

14 off campus residence?

15

THE WITNESS :

16

MR . KELLY :

I was .
Where were you -- I ' m thinking

17 you are saying about working 12 hours a week , that

18 doesn ' t give you very much?
19
20
21

THE WITNESS :

I was also taking out the

federal loans .
MR . KELLY :

We didn ' t get to loans yet .

22 asked if your family wa s helping you?

~3

THE WITNESS :

24

MR . KELLY :

Yeah .
And you said occasiona lly.

On a

25 monthly basis what would they send to you?

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2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

31

THE WITNESS :

I wasn ' t really getting sent

2 anything on a monthly basis .

3 such as this .

It was more an emergency

I can ' t remember speci ically why I was

4 being sent money at that point .

5 I didn '

There was times where

file my federal financial aid forms in time to

6 receive the disbursement by the beginning of the

7 semester and things of that sort .
MR . KELLY :

In addition to picking up the

9 tuition , what were you receiving from student loans or,

10 and again , I ' m not really familiar with how the system
11 works?
THE WITNESS :

12

You get a disburs ement at the

13 beginn ing of each semester .

MR . KELLY :

14

So you get one check that cove rs

15 you or supposed to cover you for the

16

THE WITNESS :

17

MR . KELLY :

Yes .
Would you typically pay three or

18 four months in advance on your r ent , or would you try

19 to budget that one disbursement per semester and cove r
20 each month as it came?
THE WITNESS :

21

I would try to do each mont h as

22 it came .
MR . KELLY :

23

What kind of car were you

24 driving?
25

THE WITNESS :

A Ford Taurus .

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32

MR . KELLY :

THE WITNESS :

MR . KELLY :

THE WITNESS :

MR . KELLY :

THE WITNESS :

MR . KELLY :

THE WITNE SS :

MR . KELLY :

What year?
1990 .
Your dad was a doctor?
Yes .
Was he practicing up in Reno?
Yes .
Is he still practicing?
Yes .
Did you determine what that pe ty

10 change was, the box, the money that you took the ten
11 dollars and put the IOU in , what was the purpose of
12 that box , that change box?
13

THE WITNESS :

14

MR . KELLY :

15

THE WITNE SS :

I think it was -Xerox costs and things?

Things of that sort , people ' s

16 fines for overdue books .

I was a clerk checking out

17 books , and that box is for clerks

MR. KELLY :

18

0 give change .

Tell me because I was somewhat

19 interested , you got lnto a hassle because of inadequate

20 placing of labels on envelopes .
21

that about?
THE WITNESS :

22
23 situation .
24

What the heck was all

It ha s

I haven ' t thought of the

bec o~e

wo e clear to me .

These were

envelope s , I think , being mailed to alumni or people

25 the law school was sending s ome sort of mailing t o , and

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2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

33

there was some preprinted address stickers .

MR . KELLY :

I understand envelopes gOlng on

3 for whatever t he contents .

I know what labels are , but

4 I ' m trying to understand what wa s the big deal about

5 putting the labels on the envelope .

I ' m gathering that

6 you were told at least on one occasion how they wanted

7 them affixed , and I ' m gathering it became an issue that
8 you didn ' t follow those instructions ; is there
9 something more to it?

10
11

THE WITNESS :

This was a one-time thing .

wasn ' t really instructed on how to do it , but anybody

12 would know you have an envelope , and you put a label on

13 it , and you are supposed to try to do it parallel to

14

the edge of the envelope to make it look professional .

15 And some of my labels were less than parallel .

16 didn ' t reflect well on the law school .

That

I certainly

17 didn ' t mean to make it reflect poorly on the law

18
19

school .
MR . KELLY :

How aoout the photocopying?

20 There was a problem with you inadequately photocopying?

21

THE WITNESS :

From what I understood , yes .

22 Some of the photocopies had -- they weren ' t as nice as

23 someone might like them .
24

MR . KELLY :

Do you have any sense of what

~s

25 emerg1ng about your own conduct , your own behavior , the

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34

1 way you go about performing a task , and agaln , we

2 haven ' t even gotten to a far more different kind of an
3 issue which is the ;;ho1e matter with Professor Tratos ,
4 but we start off with this simple little notice
5 Bar

the

hat you had this event some ti me , and then you get

6 into labels and photocopying , and then we are getting

7 into somethi ng more substa ntive .

8

Do

9 that migh

'\

you see something emerging in this conduc

cause s ome cf us a little concern or is

10 this
11

THE WI TNESS :

12

MR . KELLY :

Sure , sure .
What might be emerglng In my

13 head , for e xample , do you have any idea based on what

14 my questions are , what I ' m highlighting , do you have a
15 sense of what concerns me?
16

THE WI TNESS :

17

MR . KELLY :

18

MR . ROWE :

Sure .
We will keep going .

Do

you have any questions relating

19 to the employment?
20
21

MS . STORY :

I ' m wondering did they up and

fire you one day , or did they ever counsel you about

22 your performance?
23
24

THE WIT ESS :

0.

I never received any sort

of notice or -- T can ' t think of the word , you don ' t do

25 this , you are bad .

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35

HS . STORY :

Reprimand , Harning?

THE WITNESS :

Haybe about the photocopying

3 but they just asked me to do it over and I did .

4 fired me .

They

That morning - - I returned that morning and

5 they fired me that afternoon .

Then , finals Here about

6 a week later or two weeks later .

HR . ROWE :

What was said to you when they

8 f ired you?
THE WITNES S :

I ca n ' t remember e xactly .

10 had a long conversa tion with the law librarian .

11

HR . ROWE :

12

THE WITNESS :

13

HR . KELLY :

14

Wha t is her name?

Kory Staheli .
Do you have the date of when that

termi nation took pl ace?

HR . ROWE :

15

The appl ication indicates

16 employment was f r om October of ' 99 to Hay of 2000 ; is

17 that correct?

It appears to be in your handwr iting?

HS . EICHNAN :

18

In his statement Hr . Coughlin

19 put down the dismissal date as January 5 , 2000 .

20

THE WITNESS :

I put that?

21

HS . EI CHNAN :

In your supplement to your

22 application .
THE WITNESS :

23

I don ' t recognize that .

Can I

24 see t ha t?
25

HR . ROWE :

Ms . Reporter , there is an unusual

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36

spelling

0 the name .

So the record is accurate, Kory

2 1S K- O-R-Y , and the last name is 5 - T-A- H-E-L- I .

TwO parts of your application have indicated

4 t wo differen

d tes of termination of your employment .

5 Would you clarify that for us?

I am looking at the supplemental information

7 sheet whi ch i ndicates the employment from October 1999

8 to May of 2000 , and your typewritten supplement to

he

9 application that was just shown to you by the director

10 indicates January 5, 2000 .
Would you please make sure we understand the

11

12 date that you were fired from your job with the
13 library?
14

THE WITNESS :

Is it that the dates aren ' t

15 matching up with wha t I just said or the dates -16

MR. ROWE:

17 termination in

There are t wo different dates of

he application itself, and if you would

18 like you can show him - - it is 1n attachment A that I ' m

19 referring to for the first set of dates .
20
21
22

THE WITNESS :

thin k I made a mistake .

MR . ROWE :

23 application
24

That is supposed to be 5/1 .

fill~d

Now that you have revie" ed the

out in your own hand, what day was

it that you were fired from the law library?

Is it May

25 of 2000 or January of 2000 is the question?

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37

THE WITNESS :

2 right nm. .

I can ' t remember for certain

I ' m leaning towards May because I think it

3 was warm outside at the time .

MR . KELLY :

the semester

would it be

THE WITNESS :

How about ln terms of the end of

I t would make more sense to say

May because January would just be the beginning of the

semester .

MS . STORY :

How long did you work at the law

10 library?
11

THE WITNESS :

I ' m no t certain the exact

12 number of months , but it was pretty much the firs

13 of law school .
14

year

I was working -- I was studying there

until about midnight each night , and the lady who

15 worked there said why don ' t you just work here , and I
16 said well , yeah , that would be great .
17

I cou ld get paid

for that so I just worked there for that whole first

18 year basically .

I t might not be the entire first

year

19 because the first probably month oc maybe longer than

20 that , two , three months , I can ' t remember , I wasn ' t
21 working there .
22

MR . KELLY :

The reason you listed for leaving

23 on the application itself was end of school year and

24 managerial conflicts .
25

THE WITNESS :

Uh-huh .

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38

MR . KELLY :

THE WITNESS :

Was that accurate?

I can ' t remember whether it was

you are fired or I;e just don ' t think you should come

back , but I think that -MR . KELLY :

Managerial conflict , what was

6 going on with the managers?

7

They had a conflict with

you?
THE WITNES S :

Yes .

They had a conflict with

9 me .

MS . STORY :

10

What in your mind is the

11

difference between you are fired and we don ' t think you

12

should come back?

THE WITNES S :

13
14

that I ' m

15

that?

Didn ' t I indicate that I wa s fired on

MS . STORY :

16

17

ired .

I think there is a difference

No, you indicated you were

terminated .
THE WITNESS :

18

There is a section of the

19 application that says please lndicate any cimes tha

20

you had been fired , and I indicated under that that I

21

had been fired , and I tried to indicate why I thought I

22

was fired .

23

MR . KELLY:

This is attachment A to the

24

"pplicat i on .

I want you to -- I want that back .

25

want you to see what you wrote in terms of your

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39

1 employment with the law school library .

2

THE WITNESS :

MR . KELLY :

I thought

--

Did I correctly state that it was

quote end of school year and managerial conflict?

Is

5 that what it says on the application?

6
7

THE WITNESS :

Yes .

it was my understanding

To further c larify that ,

it was my tenuous

8 understandi ng that hirings were made on a

9 semester-to-semester basis and that I wasn ' t being
10 hire d for the ne x t semester , the summer semester , and I
11

thought that in conjunction with my earlier statements

12

that I was indeed fired and were not being rehired for

13 the semester \-las forthcoming .

14

MS . STORY :

I was just curious .

You seem to

15 make a differentiati on between the t wo , and I wanted to

16 know what you thought it was and what you meant .
17

MR . ROWE :

In this con versation you had with

18 Kory at the time that you were terminated from your

19 e mployment wi t h the lIbrary , did Kory mention to you
20

that she was concerned about your taking ten dollars

21

from the change box f or your own use even though you

22

left an IOU?

23

THE WITNESS :

24

MR .

25

ROWE :

To

Yes .
h e bpst

that

Y011 c;:r,n

rpC't=lll

today , what did she tell you her conce rns were about
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40

tha t?

THE WITNESS :

MR . ROWE :

THE WITNESS :

Kory is a male .

I ' m sorry .
Kory told me that he thought it

was inappropriate .
MR . ROWE :

Did he say anything else about why

he thought it was inappropria e?

THE WITNESS :

MR . ROWE :

Not that I can remember .

Any further questions about the

10 employment terminati o n?
MR . KELLY :

11

No .

Just to finalize this area ,

12

you did , in fact , answer correctly question number 46

13

where it asked had yo

14

dismissed , and you indicated yes , you had and then you

ever been terminated or

15 gave the supplemental .

I don ' t want you to think that

16

you didn ' t say "hat you thought you said .

17

that .

18

MR . ROWE :

You did say

A good part of the materials that

19

we received deal

20

summer 2000 cyber law course , and I would like you to

21

e xplain to us when that course started , what the course

22

was about and in brief detail fill us in on what all

?3

these E-mails that were exchanged between you and the

24

professor and you and the law school mean?

25

Wl

h the issue i n Professor Tratos'

THE WITNESS :

The course " as this past

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41

summer .

MS . STORY :

2
3

It is actually 20001 because you

said 2000?

THE WITNESS :

MR . ROWE :

THE WITNESS :

It was .

I apologize .

was cyber law course .

course .

indicated

should be 2001 .

It was this past summer .

It

There was a paper due in the

I turned the paper in .

Professor Tratos had

someone had indicated to me that he had

10

indicated ln c la ss that he had asked if we would also

11

turn in an E-mail copy or a disk copy of the paper

12

because he was going to be traveling and would like to

13

load them onto his lap top and read them.

14

Unfortunately , I didn ' t turn ln a disk copy .

15

I wish I had .

I don ' t really have any excuse except to

16

say that I was taking

17

the paper was due .

he bar , you know , a week after

I just
Wait a minute .

What does taking

19

the bar exam have to do with -- what

oes that have to

20

do with anything?

21

submitted a draft, right , you gave us a copy , we have a

22

copy of a draft that you ultimately submitted to

18

24

MR . KELLY :

If you prepared a draft and you

Professor Tratos, cor rect?

THE WITNESS :
MR . KELLY :

Uh-huh .
Is it typed?

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42

THE WI TNESS :

MR . KELLY :

THE WITNESS :

MR . KELLY :

5
6

Uh-huh .
You have to say yes .
Yes .
I ' m assuming

you typed this on

your compute r?
THE WITNESS :

Yes -- we ll , I typed -- I can ' t

7 remember if I typed it e xclusivel y -- I don ' t think I

8 typed it exclusively on my computer .

I don ' t have a

9 printer at home , and I o f t en have to E-mail pro jects to

10 myself at school and print them out there , a nd
11
12
13

sometimes I wo rk on them at school if I have a class

nd I need to stay at school in between classes .
MR . KELLY :

As opposed to handwriting the

14 assignment , there was some -- eithe r a n E-mail or in

15 Word Perfect o r someway you entered this in some sor t
16

o f compute r o r some sort of mean s ,

right ?

It wa sn ' t

17 handwritten?
18

THE WITNESS :

19

MR . KELLY :

20

the time wa s spen

No .
I 'm trying to figure out if all

in preparing your document , wha t

21 difference does it make that you are ta king the Bar the
22

follo wing week have to do \;ith whether or not you took

23

the 30 seconds or less that it takes to downl oad it

24

onto a dis k or the five seconds it takes t o save it

25 onto the hard drive?

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43

What does the one have to do with the other

2 with the bar e xam?

You already did all the work .

3 did all the research .

4

You did all your outlining and

you made your draft .

THE WI TNESS :

MR . KELLY :

You

I can e xplain .
I f you said I couldn ' t do it

because I was taking the Bar , then -THE WITNESS :

That is not wha t I ' m saying .

9 I ' m saying I came to class and tu r ned the paper in and

10

four people sa w me and will attest to that , and I heard

11

somebody mention something about oh , do we need to turn

12

in an E-mail copy or a diskette , and somebody said I ' m

13 not sure , I think I might have heard something abou

14
15

that .
I though t well , boy , I had better do that ,

16 and then I forgot to do that .

It was n ' t a case of me

17 going to class knowing I needed to turn in this

18 diskette and saying you have the bar exam , I can ' t be
19 bothered with it .
20

MR . KELLY :

I n your E-ma ils to the professor

21 you were more concerned about whether or not this was

22 going to get onto a public board , that you wan ed to
23 main ain your anonymi ty?
24

THE \'lI TNE SS :

25

MR . KELLY:

That was another issue .

What was t he issue you had , the

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44

Bar examination , or were you more concerned about you

2 not wan ing it to be released to the public?

THE WITNESS :

It was t\;ofold .

One , I would

4 have preferred to hand 1n the disk , and two, I wa sn ' t

5 sure that it was - - two , I wasn ' t sure it was a

6 requirement and not a request that we hand in a disk .

7

I don ' t know exactly why .

I ' m not sure I knew why at

8 the time he wanted a disk , but I did know that he had

9 planned to post these papers on the Internet .

I think

10

it was my assumption that he wanted a disk so he could

11

load them onto the internet .

I had indicated to him that I prefer not to

12

13 have my work loaded onto the Internet simply because I

14 was taking the Bar that summer , and I didn ' t feel the
15 vlOrk was a very high quality because I felt the work
16

had suffered because of my preparation for the Bar , and

17

I didn ' t want a testament to that to be loaded onto the

18

Internet .

19

MS . STORY :

I thought you previously

20

testified that he wanted it so he could take it W1 h

21

him while he was traveling?

22

THE WITNESS :

That 1S what I learned later

-3 when this investigation started .

24
25

MS . STORY :

If your professor requests a copy

of your paper 1n an electronic format but doesn ' t

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45

1 requlre it , lS that a significant dif fe rence in your

2 mind , and whe n does a request become a requirement from
3 a professor?
THE WITNESS :

5 will say that .

I think if -- I ' m not sure , I

I think if it was indicated in the

6 syllabus , I might lean more strongly tO'Nards calling it

7 a requirement .

8 ot hers .

Some professors are mo re lax than

It is hard to really know just how serious it

9 is not to turn in a disk copy when you did turn in a

10 hard copy of the paper .
11

12
13

MS . STORY :

Well , if your pro fessor requests

hat you do it -THE WITNESS :

I ' m sorry to interrupt .

Also

14 on the hard copy I turned in , I indi ca ted I ' m not

15 turning in a disk because I don ' t want this pla ced on
16 the Internet , and I think I might have said plea se let
17 me know if that is a problem .
18

MS . STORY :

You don ' t have a copy of that

i9 paper to show us to ay?

20

THE WITNESS :

:<1

MS . STORY :

22

?3
24

No .
Are you in the habit of retaining

copies of papers that you turn in?

THE WITNESS :

Gene ra lly I have a copy i n my

hard drive o r in some -- o r on a dj s k even because hard

25 drives die .

As mine did , they are prone to ei her

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46

1 dying or breaking or getting corrupted .

I think I ha d

2 a copy on a disk o f th i s paper that I turned in .

3

In between the time I turned the paper ln and

4 Profe ssor Tratos conta ct ing me saying we didn ' t get

5 yo ur paper , I had moved residences twice so I think
6 that cont ribu ed to my lack of filing -- lack of
7 organization in this case .

Also , my car died so I was

8 wi t hout a car , and I wa s borrowing people ' s cars to

9 move so that didn ' t - - that got me kind of out of my
10 zone of o rgan ization t hat I might otherwise be In .
MS . STORY :

11

Where did you r etrieve this draft

12 that you fina ll y turned in to the profess or?

THE WITNESS :

13

I think I got this draft off my

14

Hotmail accou nt which I saved .

15

MR. ROWE :

16

THE WI TNESS :

~7

Where did you save it?

On my Hotma il .

It is an E-mail

acco unt .

18

MR . ROWE :

19

M~.

It is a server?

STORY :

It is an Internet thing , isn '

20 it?
THE WITNESS :

21

22 off a disk , but I

I don ' t remember if I got

hink I got it of f my Hotmai l

23 accou nt .

24

MR . ROWE :

Did you ever have --

25

THE WITNESS :

I have saved eve ry E-mail ,

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47

1 personal E-ma il , I have had for the past five year s on

2 my Hotmail based server .

I don ' t know if i

is a

3 server , but it is an E-mail system .

DR . BROWN :

You indicated earlier when you

5 turned in the paper you heard people menti oning that

6 the professor would like to have it in electronic
7 format , and that wa s sort of when you heard that, and
8 then you said oh , I need to do t ha t .
9 you indicated on your paper

And then la ter

you actually indi cated

10 you weren ' t going to turn it in in electronic format

11 which would imply that you knew it considerably before
12 that .
THE WITNESS :

13
14

Well , I wrote it on my paper

that day .

15

DR . BROWN:

16

THE WITNESS :

17

MR . KELLY :

18 me concern abou

Handwrote it?
Yes , handwritten .
You know ,

he thi ng that causes

your veracity is the note t hat you

.L9 sent back to Professor Tratos , and you say -- you

20 stated my paper was a case note or case comment on
21

the Tasi ni v New Yor k Times case , I believe , was the

22 name .
"1
24

Now, jf I had to do the type of paper

requested by my professor , and we are talking abouL

25 just a shor

period of time , I would know e xactly what

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48

name that I had to write several pages on .

2 wa s 15 pages and you had e x ceeded the 10

You said it
0

12 that was

requested .

telling , I thi nk , the case you discussed , and you have

to qual i fy it .

I wrote 15 you say , and then you are

THE WITNESS :

7 wrote that .
8

I don ' t unde r stand .

I do n ' t know e x actly why I

I think it might have bee n I wasn ' t sure

if it was New York Times versus Tasini or Tasini versus

9 New York Times .

This was eight wee ks after the paper

10

was due with an interven ing period including the Bar

11

e xam and a new semester .

12
13

MR . KELLY :

paper of this magni ude , a case s tud y that semester?

14

THE WI TNESS :

15

MR . KE LLY :

16
17

How many other courses required a

you take that summer?

THE WITNESS :

That s ummer seme ster?

Yes , sir .

Ho w many courses did

What was the other one?

Alternative dis pute r esolution

18 discussion .
19

MR . KELLY :

Did you have to do a paper of

20

this magnitude on a given case t hat came down from an

21

appellate court ?

22
23

24
25

THE WITNESS :

We had to do papers but not o n

a specific case .
MR . KELLY :

referring to .

I ' m familia r with what you are

I ' m asking did you do anything similar

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49

to a 15 page paper outlining the pros and cons or

dissecting or analyzing Supreme Court decisions like

you did ln Professor Tratos course?

THE WITNESS :

I was studying eight subjects I

had never taken in law sch ool that summer to prepare

for the Bar , and that included dissecting a lot of

cases .
MR . KELLY :

9 on the panel .

You are talking to three lawyers

We ha v e all taken the Bar e xam .

10

all studied for the Bar e x am .

11

exams .

12

familiar wi th .

13

We have

I have taken two Bar

You are not telling me anything we are not

I ' m asking you specifically on a glven

14

course , and last summer you took alternate dispute

15

resolution and you took cyber law .

In one you had a

16 paper due , 10 to 12 pages , and on the other - - did you

17

have a paper of equal --

18

THE WITNESS :

I would say so , yes .

In fact ,

19

the paper in cyber law was worth 40 percent of the

20

grade .

21

the magnitude that it would seem you are implying it

22

was of .

23

There was no final e x am as there was in cyber law .

24
25

It wasn ' t worth all the grade so it wasn ' t of

The paper ln ADR were worth all the grade .

MR . KELLY :

You had a paper that dealt with a

case as opposed to a fact situation , two sets of facts

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50

where you had to come together and come up with a

2 solution?

That is an alternate dispute resolution ,

3 com1ng up wi th a solution between two sets of facts ,

4 and it has nothing to do with a nalyzing a case from the
5 US Supreme Court as you did with Professor Tratos?
THE WITNESS :

I can ' t honestly r emember what

7 the papers were about in alternative dispute

8 resolution .
MR . KELLY :

MR . ROWE :

10
11

Thank you .
Did you ever ask Mr . Destefano or

Mr . Horne or Mr . Bourke to communicate with Professor

12 Tratos as to what you claim they sa w, and that is that

13

you turned in your paper?

THE WITNESS :

14
15

up .

I didn ' t ask them to call him

I asked them if they remembered me turni ng in the

16 paper .

I told Mr . Tratos that at least Mr . Destefano

17

and Ms . Amy Jones had told me that they would be happy

18

to talk to Mr . Tratos about this .

19

to con act them before starting an official

20

investigation .

21

MR . ROWE :

I asked Mr . Tratos

Why would it be up to the

22 professor to contact them?

It 1S your course

73

requirement to turn in the paper .

24

THE WITNESS :

If I knew that

it

would have --

25 that I needed to get these people to sig n an affidavit

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51

1 and submit it to Professor Tra os , I would have .

2

MR . ROWE :

Here is .,hat I ' m thinking .

3 think I ' m going to get you to ask these people to sign

4 an affidavit or submit a letter to the director of
5 admissions stating what you told Professor Tratos they
6 would state in your September 10 E-mail .
7

THE WITNE SS :

MR . ROWE :

Okay .

That is , they did ,

In

fact , see

9 you turn in a paper?

10

THE WI TNESS :

Uh -huh .

I "'ill tell you at

11 this point I don ' t know if all those people in there

12 you mentioned William Horne , Craig Bour ke, and I can ' t
13 remember , did I indi cate in there that I said they saw
14 me turn in the paper?
15

MR . ROWE :

You talked about commenting at the

16 time that the paper was turned in to Horne and Bourke

17 and that the usual -- let me quote your E-mail , the
18 typical procedures for retaining anonymity in t he
19 grading proce ss were not being followed , and you
20 indicated not once but twice that Destefano wa s a
21

police officer , and he would attest that he did , in

22

fact , see me turn ln a paper .

23

THE WITNESS :

That rings true to me because I

2 4 don ' t remember William Horne or era i 9

Boury.e s.Jying

25 they saw me turn in the paper , but I do remember

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52

1 talking to them about the anonymity aspect .

MR . ROWE :

3 further than that .

I ' m not going to take it any

I ' m going to tell you if you have

4 questions about my request , then you should ask them ,

5 but I would speci fically refer you to your
6 September 10 , 200 1 E-mail to Professor Tratos \; here you
7 talked about these conve r sations and these people
8 observing you on the day that the paper was due , and ,
9 in fact , you say I am sure that on the day the paper
10 was due that you had these conversations and that one
11 or more of t hese individuals wit nessed you turning in a
12 paper on Tasini versus Ne w York Times or whatever your
13 pape r was called .
14

I would li ke for you to supply that

15

information in the affidavit format I have requested to

16 the director of admissions for our review .

THE WITNES S :

17
18
19

So have Amy Jones and Mike

Destefano .
MR . ROWE :

And if you say there are any other

20

folks that may have seen you turn in your paper on the

21

subject that you have given us this outli ne on , then

22

that is fi ne too .
THE

24

WI~NESS:

Would you like me to ask the

people who I possibly -- who I ha d conversations with

2 5 about the anonymity but \;ho might not have seen me turn
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53

1n the paper who saw me present 1n class that day and

2 talking about the anonymity and the reason why or for

3 that matter the reason why I might not be turning in a
4 electronic copy?
MR . ROWE :

Mr . Coughlin , let me tell you

6 again that it is your burden to convince us that you

7 possess the requisite moral c haracter and fitness .

We

8 are troubled by your application .

We are having some

9 difficulty with your application .

If you believe that

10

these people can corroborate any o f your statements

11

regarding your claim that you turned in a paper but not

12

the disk to Professor Trat os , I ,lOuld suggest you get

13 those statements in affidavit form submitted to the

14 director of admissions , a nd we will give as long as you
15 request when we are finished today to keep this record
16 open so we can receive them .
17

Is there any question about my request?

18

THE WITNESS :

19

MS . STORY :

No .
I ' m curious about the ultimace

20 outcome of this conduct investigation .

21

22

\'ihat ultimately

happened?
THE WITNESS :

It wa s submitted to the Student

23 Judicial Affai rs Officer and Mr . Phil Burns , and I

24
25

believe about two to three months later -MR . KELLY :

What happened?

You said t wo to

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54

three months la er?

THE WITNESS :

Two to three months later -- it

would probably be easiest for me to do a chronology .

On the 15th of July I turned in the paper, and then on

the 7th of September I was notified that they didn ' t

get the paper .

month thereafter an official investigation was starting

with Mr . Phi l Burns .

Then some time thereafter , about a

Then around Decembe r 5 , I wa s notified that

10

the i n vestigation had found the re was no wro ngdoi ng but

11

that it was still up to Mr . Tratos as to what my grade

12

would be in the class given that I didn ' t turn in an

13

electron ic copy , and Mr . Tratos glve me a passing grade

14

in the class , and I re ce ived my JD from UNLV .

MS . STORY :

15
16

i n vestigation in anyway?
THE WITNESS :

17
18

wi th him .

'9

E- mail addresses.

20

parti c ipatio n .

21

Did you participate in Mr . Burn ' s

I answered questions and I met

I gave him Amy Jones and Mic hael Destefano ' s

I believe tha t wa s the e x tent of my

MR . KELLY :

Was there any reason you didn ' t

22

take Professor Tratos ' offe r t o try and retrieve the

23

paper off of your h ard drive?

24
25

THE WITNESS :

I did Hant to take his offer ;

however , my original understanding of hi s offer

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55

differed from his contention o f what the of fer

2 included .
3

Originally I understood he was volunteering

4 to pay for the data retrieval on my hard

r1ve .

I for

5 my own reasons wanted to get a data retriever performed

6 on my hard drive and looked into getting it done and
7 had contacted several businesses around town .

None of

8 them were able to do it , and that included Best Buy ,

9 Electronic Sto r e and some other stores whose name isn '
10

familiar to me that I can ' t remember .

They all recommended that On Track of

11

12

California was the only company that generally could be

13

able to do a data retrieval of this magnitude given

14

that the readi ng arm on the hard drive was broken and

15

the mother board had fried due to a power surge of some

16

sort .

17
18
19
20

My understanding was that Professor Tratos

was volunteering to pay for this , and I was happy about
hat because I wanted to get it done regardless .
MS . STORY :

You weren ' t necessarily

21

interested in retrieving your paper?

22

other reason?

23

24

THE WITNESS :

You had some

I was interested in retrieving

my paper , but I was also interested in getting the rest

25 of the data , my personal papers and things of that sort

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56

that had been stored on the hard drive .

Then , to the best of my recollecti on what

2
3

happened Has I indicated great , let ' s do it .

be sure that it is on there , you know , I might have

stored it on a disk , but let ' s do it .

between 2 and $7 , 000 , a n d then he indicated that he was

only willing to pay for the one file .

It costs $5 , 000 ,

I contacted On Track , and they said they did

8
9

I can ' t

not perform one file at a time and they only did an

10

encire hard drive recovery .

11

spend on it and - MR . ROWE :

12

I didn ' t have $5 , 000 to

How did you contact or communicate

13

with this company that was going to offer the service

14

of retrieving of information off of a disabled hard

15 drive?
THE WITNESS :

16
17
18

phone .

I know I spoke with them on the

I also might have written them some E-mai1s .

MR . ROWE :

Since you saved every E-mail that

19

you have in your Hotmail account ,

20

be contained in your account?

21

THE WITNESS :

No .

those -mails would

I have saved every

22

personal E-mail tha

I have had of correspondence

23

bet",een myself and friends and family members and have

24

to get rid of a certain amount of E-mails , otherwise ,

25

your account gets full , and this can include -- the

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57

sort of things you have to erase are papers or sample

E-mail o r things that I just don ' t have space for

anymore .

MR . ROWE :

Do you have any document tha

you

can present to us including your long distance phone

bill that indicates your communications with this hard

drive restoration company?

8
9

THE WITNE SS :

I ' m not sure .

I might .

I will

certainly check .

10

MR . ROWE :

11

I would like

It is your application , sir .

0

ask you about Wednesday,

12 October 10 , 2001 and why in the space of about 30

13 minutes you sent two E-mails to Professor Tratos .
14

was at 1 : 27 and one was at 1 : 40 .

15
16

Are you familiar with these t wo E-mails that

I ' m referring to?

17

18
19
20
21

THE WITNESS :
different .

I ' m no

a ware if they are

Are they the same E-mail s ent twice?

MR . ROWE :

We will mark the October 10 , 200 1,

1 : 27 E-mail as Exhibit 2 , and the one that was sent on

h e same date at 1 : 40 as Exhibit 3 .

22

(Exhibits 2-3 marked)

23

(Whereupon , a recess wa s taken . )

24
25

One

MR . ROWE :

Mr . Coughli n , have you had a

chance to review the two E-mails from October 10 that

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58

have been marked as Exhibits 2 and 3?

THE WITNESS :

MR . ROWE :

Yes .

What was gOlng through your mind

at the time that you sent these two E-mails to

Professor Tratos?

I ' m offended by them to be honest with you .

TH E WITNESS :

Yeah.

Well , I don ' t blame you .

I 'm not happy with them.

stressed , you know , was havi n g a lot of situational

I think I was really

10

stress .

My parents were going through a divorce right

11

then, and let me preface this by every time I have told

12 anybody this , I have been g r eeted with well, you are

13

just bl aming other people o r I feel no sympathy for

14

you , so I ' m n ot asking you for sympathy , I ' m simply

15

trying to illustrate that this isn ' t my normal state of

16 mind .
17
18

This was -- the whole country wa s kind of like

this at this point .

DR . BROWN :

I ' m n ot an attorney obviously ,

19 but I would imagine that there are certainly stressful

20

times in the contex t of being an attor n ey preparing

21

briefs or preparing for trial or preparing how to

22

e x amine an e x pert or wha tever ln context of all the

23

things that you have to do , and so I would only see

24

stress levels going up in the future , they are not

25 going to go down from being in law school .

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59

THE WITNESS :

I don ' t know that I would a gree

2 wi th that .
MR . ROWE :

No dis r espect to you ,

4 Mr . Coughlin , I think you will find -- I hope you can

5 remember your response to Dr . Brown ' s questio n a nd
6 reflect on it 1n ten years after pra c ice .
7 you can do that .

Go ahead .

I just hope

You will fi nd that the

8 opposite is true , at least in my e xperience .

At any rate r espond to Dr . Brown .

10 disrespect to you .

No

I ' m just amused at my own rea ction .

11

THE WITNESS :

12

MR . ROWE :

13

THE WITNESS :

Well

If you have one .

I hesitate t o really tell

14 anybody what was going o n or why I was so stressed ou t

15 because I have been g r eeted with such , you know , apathy
16 by everyone I have talked to in conjunction with this ,
17

but , you know,

I was put in a situation where

18 financially I was cutoff immediately , and I had no c ar ,

19 my car had died , and I had to try t o get on with my
20 life and fi nd a way to eat and a place to live , and I
21 had just gotten out of a two year relati onship so it
22 was a stressful time .
23

MR . KELLY:

2 4 stress?

I look at

What were you doing f o r your

hese two doc ument s , the o ne at

25 1 : 27 and the one at 1 : 40 , and the first sentence of

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60

1 each kind of begin the same way , I take you up on your

knew what you

2 of fer , and I ' m almost wondering if you
Were you taking
3 were doing whe n you wrote the second .
4

medicine?

Were you taking any drugs?

Were you

5 drinking?
6

THE WITNESS :

MR . KELLY :

THE WITNES S :

No .
No thing?
I ' m a little conf sed by these

9 two E-mails .
MR . KELLY :

10

So hopefu lly you understand why

11 we might be .
THE vIl TNESS :

12
13

They were so close in time a nd

I t hink I wasn ' t even sure - - they are different 1n

14 content .
15 got sent .

I wasn ' t even su r e , I think , if one of them

I vaguely remembe r that day something

16 happening with the computer because I wouldn ' t normally

17 send somebody , you know, two E-mails that are nearly
18 identical so from my recollection , what happened here
19 was I was writing an E-mail , and I didn ' t intend to

20 send it in one of these forms at least probably - - I

21 can ' t be sure which , and somehow it got sent which
22 occasionall y happens with E-mails .

You will hit enter

?3 on accident and it will send the E-mail .

24
,5

I guess that

is why there is two E-mails .

I can understand why it would be confusing ,
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61

but I

happen before .

doesn ' t , but to me it indicates one o f them is a

revision , and o ne of the m is what I intended to send .

I might not have been aware that o ne of them got sent .

hink anybody who has used E-mails has had that

It stops in mid-sentence , this one

MR . KELLY :

They both end with rather

sarcastic have a nice day , Mark .

When you begin wi th

Dear Mr . Tratos a n d ea r lier it was Professor .

from Professor to Mr . to have a nice day , Mark , in t h e

You wen t

10 course of several wee ks .

11

THE WI TNESS :

12

MR. KELLY :

Yes .
Can I go to the draft f o r a
give me an idea and

13

second o f the paper that yo u

14

help me understand , and this 1S September 13 , and you

15

finally sen t what I ' m gat h e r ing to be a draft .

16

know what I ' m talking about?

17

THE WITNESS :

18

know what you are talking about .

19

MR. KELLY :

20

THE WITNESS :

Yeah , of the p a per .

Do y ou

Yes , I

Tell me where t hat came from .

Like I said earlier , I think I

21

e ither found a disk in my personal belongings o r I

22

r et rieved it from somewhere o n my Hotmail account whi ch

23

subsequently has had quite a bit of it e rased cont rary

24

to what I wo uld like .

25

Unfo rtunate l y , Ho tmail accounts accords you

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62

1 about 2000 kilobytes or somethi ng worth of storage

2 space for free , and if you get a s pam or somebody sends
3 you a large attachment , it takes up s pace , and Hotmail
4 wi ll sta rt to erase your messages o r erase the ones you
5 have saved to make r oom for the new ones .
MR . KELLY :

This document was retrieved from ,

7 you believe , maybe -8

THE WITNESS :

MR . KELLY :

I think it was Ho tmail .

The document itself , the actual

10 te xt of the paper , the draft wa s prepared ove r what

11 period of time?
THE WITNESS :

12

Not very long at all .

It was

" 3 probably less than a week .

14

MR . KELLY :

This is a six - page draft?

15

THE WI TNESS :

I think that would amount to

16 more than si x pages once you put it in double space and

17

take it out of this E- mail .

MR . KELLY :

18
19

Fine .

Let ' s sa y 12 page s .

I 'm

just as king , this document is wha t you wor ked off of

20 for a final draft?

This was a preliminary draft or

Ll what?
22

THE WITNESS :
MR . KELLY :

24

Yeah , preliminary draf .

Was it a preliminary draft that

wa s to be submitted , o r was it a wo rking draft LhdL you

2 5 were wo rk i ng off o f to prepare a final draft?

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63

THE WITNESS :

1
2 draft .

The latter .

I would have never submitted this in a class .

3 This has inappropriate la nguage .

4 booked .

It is not blue

It is not spell checked .

MR . KELLY :

It was a working

Other than that , whi ch you are

6 correct , I ' m interested in the statement - - these

7 aren ' t numbered so it is hard f o r me to highlight so
8 you can read it but it goes -- it goes wi th the
9 decision , and you see on paragraph C where it begins
10 finally, it appears that Justice Stevens is wi lling

11 venture into this hearing ground of case law to help

12 support his view on what the underlying policies of
13

copyright law are .

Now, I am t oo lazy to actually look up the

14

15 case and see if it actually says this and says it in a

16 way that Stevens is setting this up , but , mind you , I
17 am living at the poverty line in Las Vegas and don ' t
18 have some Ivy league kid to be my fetch boy .
19

Is all that --

20

THE WITNESS :

Li

It

1S

just amusing of a law

student typing a paper that I didn ' t thin k anybody was

22 going to read .
23

MR . KELLY :

This is a preliminary draft you

2 4 said?
25

THE WI TNESS :

Uh - huh .

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64

MR . KELLY :

To be used by you for a more

2 final draft?
THE WITNESS :

Or just for my personal , you

4 knO\oJ , remembrance of how I felt at that time about law

5 school and writing papers , and looking back o n ten
6 years and kind of thinking oh , well , to read it like a
7 diary almost , to make the paper interesting to me .
MS . STORY:

I thought you said you didn ' t

9 save your papers because you didn ' t have room on your
10 E-mails to save your personal - THE WITNESS :

11

I would save something that had

12 some color in it li ke this .

13
14

DR . BROWN :

How many hours wou ld it take to

take this level of draft to the final paper that would

15 have been something you would have submitted to the

16 professor?
17

THE WITNESS :

Well , something to get just a

18 passing grade , I don ' t know, maybe five more hours to

19 get a passing grade but to get , you know, wha t I ,",ould
20 normally try for , I would probably spend qui te a
21 substa ntial more amount of time on it .
22

DR . BROWN :

23 been worth fi ve

" ~.'J rs

I ' m wonderi ng if it would have

of rewriting through tha t week of

24

September to clear up the issue?

25

THE WITNESS :

I ' m so rry .

I don ' t understand .

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65

DR . BROWN :

This draft was -- you E-mai1ed

2 this draft to the professor , right?

3

THE WITNES S :

DR . BROWN :

Uh-huh .
And you are saylng that it is not

5 In a format that woul d be acceptable to be turned in to

6 a professor so I ' m wo ndering what kept you from
7 spending five hours t o get it in an acceptable form In
8 order to turn in the paper , have the class finished ,
9 get your grade a nd move on with life .

THE WITNESS :

10
11

Well , I think I indicated In

the heading to t his that I didn ' t -MR . KELLY :

12

You didn ' t want to redact it

13 because you thought it wo uld be a code violation , is

14

that wha t you are talking about?

15

THE WITNE SS :

Ye s .

I had offered -- I had

16 i ntimated to Professor Tratos that I would welcome the

17 opportunity to do the paper over or to fix this one o r
18 to do whatever it too k to come to some resolution of
19 this matter .
20
21

MS . STORY :
that wha t you sa id ?

22

THE WITNESS :

23

MS . STORY :

24
25

Did you say intimated to him , is

Yeah ,

I think that lS a word .

I wa s wondering how you

intimated .
THE WITNES S :

I think by E- mail .

It is more

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66

1 wha

2 else?

can I do to m ke this right?

Can I do some hing

Is there any way we can res olve this?

I don ' t

3 kn ow that it was an intimation of sorts , but there is

4 an E-mai l of something similar to that .
MS . STORY :

Did you ever talk wi th Professor

6 Tra tos face-to-face about this problem?

THE WITNESS :

No , not that I can remember .

8 wo nder -- do you have any of the -- I don ' t know what

9 you have .

Professor Tratos and I

I think we came to

10 a resolution of this , and some of my ugliness in these

11

papers , I think , was hopefully m1 igated by some of the

12 apologies in later correspondence we had , and I don ' t

13 know if you have those .
14

MS. STORY :

15

THE WITNESS :

Do you have those?

I think I do e xcept

16 unfo rtunately some of my E-mails did get erased , you

17 know.
MR . KELLY :

18

Just so you understand , in ans,,,er

19 to your question you said you don ' t know ,,,hat we have ,
20 what we have is what you pro vided and wha
21 provided .

the school

We have nothing other than that , and so I

22 wan t you to know e xactly what we are looking at .

We

23 are trying to show you things that we are highlighting .

24

THE WITNESS :

I just don ' t know -- the school

25 provided these , and they must have go tten these from

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67

Professor Tratos , and I don '

included with these the apologies in later

know if Professor Tratos

3 corresponden ces that he and I had .

DR . BROWN :

The last E-mail as far as date

5 goes is the one that is marked Exhibit 3 , October 10 .

6

If there were later E-mails , they are not copies .

THE WITNESS :

There was probably five later

E-mails between he and I .

Ie ters to both Dean Smith and Dean LeFrance .

MS . STORY :

10
11

Are those apologies that you

formulated on your o wn motivation?

THE WITNESS :

12
13

There was later apology

Yeah .

They were shortly after

these , I think .

14

MS . STORY :

15

THE WITNESS :

Can you -They were before the resolution

16 of the judicial matter too which d oes n ' t necess~rily

17

cut in my favor , I guess , because if I had written them

18

after I had been acquited , I guess , that would be

19

better .
MS . STORY :

20
21
22

Can you provide copies of what

you have?
THE WITNESS :

I will try .

I guess I assumed

23

if the law school was going to provide these copies

24

that they would provide everything and would provide a

25

comple te account .
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68

MR . KELLY :

I would suggest that part of your

2 problem he r e today is your assumption that somebody

3 else is goi ng to ta ke care of stuff , stuff that is your
4 obligation .
5

Let me go back for a second .

You know,

6 clearly we started talking about what was going on

7 around this pe ri od of time , writ ing t he t wo E-mails
8 within a short period of 30 , 40 minutes , and you
9 clearly had an emotional scene as we sat he re today .
10 You have the impression that the stress that you are
11 under at that time is greater than wha t you might
12 experience as an attorney , and I ' m wondering if you
13 have any indications within your own frame of reference
14

to know when you need he lp , when you need t o a s k

15 somebody f o r help , whether it be a professional pe r son

16 like a doctor in tryi ng to s l ow yourself down if that
17 is what is going on o r to tal k to a colleague to get
18 some help because the \Vall s are coming in a little bit .
19
20

Do

you have anyway of being able to realize

that you are getting to the point of being over l oaded

21 and that you need to defuse a nd you need some mechani s m

22

to do that because if a l ot o f this is stemming from

23 what was going on with every hing around you , your

24

family , your girlfriend , moving , your car breaking

25 down , I mean , we all have our limited capabil i y of

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69

1 handling stress , and I ' m wondering if you get past this

2 procedure , what d o you have in pla ce in t he future to
3 help you get through a stressful situa ti on rather tha n
4 r eso rting to ch ildish E- mails that I ' m gathering today
5 is not what you are proud of .
What do you have in pla ce for something in

7 the futu re to deal with stress?

THE WITNESS :

Well , finan c ially , I would be

9 mo r e ready to ask people for help .

MR . KELLY :

10

Explain that .

Are you talking

about i f you are late on a bill or you don ' t have the
12 money fo r rent , yo u are capable then to sa y hey , I need
13 $300 , $500 , a thousand dollars to pay the r e nt?

11

14

THE WITNESS :

15

MR . KELLY :

Yeah .
How about the o ther issue s where

16 you feel absolutely ove rwhelmed with wha t is going on ,

17 you ha~e a brief due , you have clients who are
18 commanding that you call them back , you have a
19 girlfriend who is nagging you , how do you cope with
20

that?

How a re yo u going t o deal wi th it?

21

the gym ?

22

THE WITNE SS :

23

MR . KELLY :

24

THE WITNESS :

25

MR . KELLY :

Do you go to

Yeah .
Do you drink?
Occasionally .

Wo uld you be apt to take a couple

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70

of beers to try to chill out?

THE WITNESS :

2
3

I Houldn ' t say I would use

alcohol as a -MR . KELLY :

Would you run -- I notice you

were part of the Church of Scientology .

frequent member of that group?

THE WITNESS :

MR . KELLY :

9
10

Are you a

No .
Do you have any other religious

affiliation where you can call on something beside

yourself?

11

THE WITNESS :

12

MR . KELLY :

I have friends , you know .

Do you see -- I ' m trying to

13 determine if you a re attributin

all of these issues

14

that you are going through at various times in your law

15

school education to a lot of e x ternal factors , stress ,

16 and I ' m asking you to help me get past my deliberations

17

in this matter and if you have something in place to

18

help you in the future?

19

If you are licensed as an attorney how are

20

you gOlng to deal with stress on a daily basis , which

21

the members of this panel recognlze as a common factor ,

22

what are y ou going to do?

23
24

25

THE WITNESS :

One , I would get paid , you

know , get paid to be an attorney .

MR . KELLY :

You would get paid .

That is a

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778

2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

good 51gn , good start .

THE WITNESS :

Wha t else?
Maybe some anger management

3 counseling .
Were you angry during this period

MR . KELLY :

5 of time?
6

THE WITNESS :

MR . KELLY :

Very much .
I d o n ' t mean to get in y our area .

I ' m trying to see if there is someway that we can feel

comfortable that what y ou have demonstrated in the past

10

wi ll not reoccur in the future , and if you are

11

at ributing a lot of it

12

identifying as stress , I want to make sure you can deal

13

with it in the future.

0 areas that you are

14

DO you want to take a break?

15

THE WITNESS :

16

MR . KELLY :

Off the record .

(Whereupon , a recess was taken . )

17

18

Yeah .

MR . ROWE :

Zach , I ' m going to be informal in

19 my address to you because we are con cerned for you .

20

has nothing to do with t he application

21

just concerned for you today , and for that reason , '..Ie

22

are going to adjourn the proceedings , and we will

23

reconvene when you are able to get some of the

24

information

25

er say .

We are

hat we would like to see .

I think

It

he record should reflect that --

ASSOCIATED REPORTERS Of NEVADA - 702/382 - 8778

2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

72

1 Dr . Brown , maybe you can phrase this better than I , but

2 Zach has been quite emotional and we have taken a
3 prolonged recess here , and I don ' t believe that Zach
4 has been able to collec

himself sufficiently to

5 proceed any further this afternoon .

6

Doctor , if I ' m overstepping my bounds here,

7 please let me know.

8

DR . BROWN :

MR. ROWE:

That is a fair statement .

I would like you to -- if you can ,

10

I want you to wri te down some information that we would

11

like to have , and then we wi ll get back together again

12 when we can schedule a time that is convenient for you

13

14

and for all of us .

Then maybe - - I ' m poslng this ln the way of a

15 qu estion to the director , I know I will be back down o n

16 the 29th , and I believe so will Ms . Story , and I ' m not
17 sure if Kevin has been summoned for tha

hearing or not

18 on the 29th of March .

19

MS . EICHMAN :

I imagine the only problem

20 would be Dr . Brown because I know he is only available

21

in the morning , and I think he is scheduled for that

22 morning hearing , a nd I don ' t thin k he would be

23 available in the afternoon .
24

DR . BROWN :

I have Mental Health Court

25 hearings every Friday afternoon .

We are generally

ASSOCIATED REPORTERS OF NEVADA - 702/382 - 8778

2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

73

1 through by 3 : 00 so if we wanted to reconvene in the

2 late afternoon , I would certainly be willing to come
3 back over and do tha t .
4

MR . KELLY :

THE WI TNESS :

MR . ROWE :

7 April .

Are you living here still?

Yes .

I recall being back in early

The point for you is that we will get together

8 as soon as we possibly can and discuss this with you

9 further .

Here is what I would like to request that you

10 provide between today and the time that we get back

11 together .
12

We want you to find a copy of the police

report of the incident that led to your arrest in

13 October of 2001 .
14

I have noted in here that question 13 , and I

15 will tell you wha t it says .

Question 13 asks you to

16 list people for references , and I didn ' t see any

17
18
19
20

reference letters .

Have we received any of those?

MS . EICHMAN :

We have a couple that came with

the original a ppl ication .

MR . ROWE :

I didn ' t see them in my packet .

21

If that is the case , then you don ' t need to worry about

22

that , but if you have any others you would like to

23

submi t , you may do so .

24
25

We have already talked about and I think your

notes should reveal we would like to see affidavits or
ASSOCIATED REPORTERS OF NEVADA - 702/382 8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

74

1 sl-lorn statements from pers ons that you knol-l that

2 witnessed either your comments at the time of your
3 final paper o r that saw you turn it in .

You heard Ms . S ory ' s request that you

5 provide copies of any subsequent E-mails to October 10 ,

6 which are the t wo that you have in front of you , and

7 for lack o f a better term, I will call those the

8 apology E-mails to and f r om Trat os , and I understand
9

that I heard you say there were some to LeFrance as

10 well.
11

THE WITNESS :

12

MR . ROWE:

Yeah , LeFrance and Dean Smith .

I think those would be helpful to

13 us .
14

I know we have t alked about this , but we need

15 a copy of the t r a nscript .

16 fu ndamental thing .

That is sort of a

You need to show a transcript to

17 show you graduated , and we still don ' t have it .

Have

18 you rece i ved o ne?

19

THE WITNESS :

20

MR . ROWE :

21

22

Yes .

Let ' s make s ure we get a copy of

he transcript because we haven ' t seen that .

MR . KELLY :

I am also going to give

23 Ms . Eichma n the name of three lawyers .

You c an choose

24 one o f those o r you can get someone else , but these

25 three lawyers I will have contacted and they will have
ASSOCIATED REPORTERS OF NEVADA - 702/382 -877 8
2300 w. Sahara , Suite 770 , Las Vegas , NV 89102

75

agreed t o represen

would urge you to take advantage of talking ,"ith one of

those .

that I have already talked to and I will call her

you on a pro bono basis , and I

You can take your choice , and I will give three

5 either today or Monday with people who I think are

6 qualified to help you through this process .
When y ou come back , they will be able to give

you some guidance as to how best to conclude these

9 proceedings .
MR . ROWE :

10

Thank you , Mr . Kelly .

I was going

11

to talk with you and the director about that .

12

you volunteered that .

13
14

I ' m glad

Ms . Story, do you have any [u c ther c ommen t s

that you would like to make?
MS . STORY :

15

I r eally -- no , I don ' t have

16 anything right now.

17

MR . ROWE :

18

DR . BROWN :

19

MR . ROWE :

Dr . Brown?
Not presently .
Zach , let me leave you with this

20

thought .

I t is something I started to tell you ,"hen I

21

came to get you in the restroom .

22

applican ts after they have been admitted .

We often \-Jork with

We have a

23 great deal of resources that we can call upon to refer

24

you to , and we would like to see you ta ke Mr . Kelly up

25

on his offer and speak to one of the attorneys that he

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102

76

1S

going to recommend to you .

Keep that in mind .

With that , I think we will be adjourned for

3 the day .

My apologies to Dean Morgan , in fact , I think

4 I \-Jill go out a nd talk with him myself .

5

(Whereupon , the proceeding

concluded at 11 : 30 a . m. )

8
9
10
11

12
13

14
15
16
17

18
19
20
21
22

23
24
25

III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sa hara , Suite 770 , Las Vegas , NV 89102

77

CERTIFICATE OF REPORTER

2 STATE OF NEVADA
55 .

3 COUNTY OF CLARK
I , Donna E. Mize , Certified Court Reporter,

5 do hereby certify :
That I reported ln shor hand (Stenotype) the

7 proceedings had in the above-entitled matter at the

8 place and date indicated .
That I thereafter transcribed my said

10 shorthand notes into typewriting , and that the

11 typewritten transcript is a complete , true and accurate
12 transcription of my said shorthand notes .
13

IN WITNESS I.HEREOF, I have set my hand in my

14 office ln the County of Clark , State of Nevada , this 13

15 day of March , 2002 .
16
17

~~~M;;~R

18
19
20
21
22
23
24

25

675

III
III
III
III
III
III
ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 8 102

of Hearing
Rc: Character And Fitness

30 23:24 27:23 42 :2
3 57:12 68:8 76:7
300 69:13

<1>
1 1:133:1,1436:20
57:14.14,20,21 59'

<4>
40 49:19 57:14,21 5
9:25 68:8
46 40:12
<5>

10 18:4,4 48:2 49:16

51:652:657:12,19,2
5 67:5 74:5
11 18:5 27:24 76:7
12 30:5,17 48:2 49:1
6 62:18
13 61'14 73:14,157
7:14
14 14:24 21:10 25:2
1 26:2
158:11,1948:2,349

1
15th 54:4
17 19:21
990 32:2
,999 36:7

5 35:19 36:10,20 54:

50 13:3,3
500 69:13
5000 56:5,10

<6>
600 1:15
675 1:2577:19
<7>
7 18:9
7000 56:6
7th 54:5
<9>
9 1:14 3:2
99 35:16

<2>
2 56:6 57:20,22 58: 1
20 1:14 3:2 16:3
35:16,1936:8,1
0.25,25 40:20 41:3 6

2: 1
20001 41:2
2001 41:5 52:6 57: 1
2,19 73:13
1:13 3:1 77:15
21 10:14
22 10:14
25 26:18
57:14,20 59:25
9:7,12,18
24:16 26:2
29th 72:16,18

67:5

<A>
a.m 1: 14 3:2 76:7
able 12:16 55:8,13 6
8:19 71:23 72:4 75:7
Absolutely 27: 11 69
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academically 21:2
acceptable 65:5,7
accepting 28:4
accident 60:23
accompanied 4:23
accords 61 :25
account 46:14,17,23
56:19,20,25 61 :22 67
:25
accounts 61 :25
accurate 36: 1 38: 1
77:11
acknowledged 11: 14
acquited 67: 18

5
actual 9:20 10: 1 62:9 allowed 12:22 15:21
addition 31:8
alternate 49:14 50:2
Alternative 48:17 50
additional 11 :10 12:2 :7
3
alumni 32:24
amenable 5: 14
address 12:17 14:3
33:1 71:19
amount 56:24 62:15
addresses 54:19
64:21
addressing 23:5
amused 59: 10
adjourn 71 :22
amusing 63:20
adjourned 76:2
Amy 50:1752:1754
admissible 14:2
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admission 24:4
analyzing 49:2 50:4
Admissions 2: 10 8: 9 anger 71:2
24:17 26:7 51:5 52:1 angry 71:4
6 53: 14
anonymity 43:23 51:
admitted 75:22
8 52:1,25 53:2
ADR 49:22
answer 3:25 4: 1 8: 1
adrenalin 15:20,25
29:19 11:11 12:6,16
advance 4:14 31:18
40:1266:18
advantage 75:2
answered 54: 17
advice 13: 12
answering 12:8
advise 13:1321:9
anybody
29:21 33: 1
advocacy 20:5
1 58:1259:1461:1
Affairs 53:23
63:21
affidavit 50:25 51:4
anymore 5: 19 28: 7
52:15 53:13
57:3
affidavits 73:25
anyway 16:5 54:16
affiliation 70:9
68:19
affixed 33:7
apathy 59: 15
afford 10:22
afternoon 35:5
3,25 73:2

0:0.'

ago 25:15,20,23 26:4

agree 59: 1
agreed 75: 1
ahead 21:12 26:19
59:7
aid 31:5
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airport 29: 19
alcohol 70:3
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allocated 11:17
allow 7:25 11 :3 15:2

apologies 66: 12 67:

o 76:3

apologize 4: 14 41:5
apologized 14:11
apology 67:8 74:8
Apparently 14:21
APPEARANCES 2: 1

appears 26: 16 35: 17

63:10
appellate 48:21
applicant 3:124:19
6:13 8:4 9:8 13:8
applicants 75:22
applicant's 28:20
Pngc I

llepOI1Cd of Nevada

Of Hearing
Re: Character A.nd

6:6,23 H:81~I;sulmi
78 1422
9:16 10:25 26:5,7
42:4
ng:
:
: 15,22 36:3,9,17,23
37:23 38:19,24 39:5
assumption 21:4
53:8,9 57: 10 71 :20 7
068:2
3: 19
attachment 36: 18 38
appointed 5:4
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appreciate 11: 12
attention 8: 6
appreciative 4:2
attest 43:10 51:21
approached 15:4 16

:6
appropriate 12: 1, 19
approximately 15:22
, April 73:7
I, pt 69:25

attorney 5:1,3 10:11

14:2258:18,2068:12
70:19,24
attorneys 75:25

beer 18:14
beers 70: 1
beginning 26:14 31:
3 37:7
begins 63:9
behavior 33:25
believe 3:165:136:1
9:2,19 10:13 15:11 1
9:21 23: 1 24: 19 25: 1
4,22 26:4 47:21 53:9,
4 54:19 62:7 72:3,16
belongings 61:21
benefit 27:8

brief 6:21 10:11,17

26:6 40:22 69: 17
briefs 58:21
broke 29:15
broken 55: 14
brought 14:25 28:12
Brown 3:7 22:19,24
28:9 47:4,15 58 : 18 5
9:9 64:13,22 65:1 ,4
67:4 72: 1,8,20,24 75:
7,18
Brown's 59:5
budget 31:19
burden 4:18,20 7:1
8:7 10:6,9 12:5,9,15,
8 53:6
Burns 53:23 54:8
Burn's 54:15
business 28:14
businesses 55:7
Buy 55:8

attributing 70:1371:1 best 39:24 55:8 56:2

1
75:8
audibly 4: 1
better 11:10 13:343
authorities 6:22
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bicycle 15: 1
available 9:25 ,oon bicycling 28 :1
3
big 26:18 33:4
<C>
1 :3
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19:8
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9:20 14:25 17 aware 4:25 5:6 6: 11
bit 15:1661:2368:1 California 10:15,16
4 23:15 24:10,14 57: 8
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55:12
7
61:5
blame
58:7
2 28:11 73:12
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8 70:9 74:7 75:4,23
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9
64:5
68:5
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7
bono
75:1
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45:6
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2:11,1573:3,6,10
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63:4
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Bailey
13:23
21:18
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32:16,17
capability
68:25
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46:8
Bankruptcy
20:17
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2 35:3 40:13 41:10
bothered
43:19
BAR
1:1,7
2:8
3:5
7
15,18
Boulevard 1:15
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17:1772:6
3
46:7,8 59:18,19 68
27:2034:541:16,19
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16
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11
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6:1534:1347:2
42:14
cars 46:8
boy
43:15
63:18
basically
37:18
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17:11 71:14
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46:
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'~:::::;~:"2~~t

ofNtvada

Page 2

of Heanng
49:25 50:4 6
11,15 73:21
49:7
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47:17
CCR 1:2577:19
Center 27:7
certain 37:1,11 56:2

4
certainly 10:2 12:22
13:10,1926:2033:16
57:9 58:19 73:2
CERTIFICATE 77:1
Certified 77:4
certify 77:5
chair 25:25
chairman 3:4
Chair's 11' 20
57:25
change 29: 1,20 32: 1
0,12.17 39:21
CHARACTER 1:2,6
4:6,19 7:3 12:5,1
14:13 28:21 53:7
charge 13:21 14:23
19: 19
17:22,23 19
: 12 21 :25 22:3,5 24: 1

8
charges 4:7 9: 14 14
:19.22 19:9 28:12
1: 15
chase 15:17
chasing 15: 15, 16 24
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31:14 57:9
63:4
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childish 69:4
chill 70: 1

1I~~~~:~:e5:10
75:3
II
7423
chronology 54:3
Church 70:5
15:2
25:14,16
13:8

Re: Chnracler And Fitness

29:3
citation 27:3
cited 9:13
city 27:5
claim 50:12 53:11
clarify 5:11 36:5
Clark 27:7 77:3,14
class 4:9 41:10 42:1
1 43:9,17 53:1 54:12,
4 63:2 65:8
classes 27:13 42:12
classroom 20: 11
clear 4:21 25:4 26:2
3 32:23 64:24
clearly 4:1 17:1768
:6,9
clerk 32:16
clerks 32: 17
clients 69: 17
clinical 20:4
close 60:12
closest 16:18
clothes 15:11 16:8
22:20,23,25
code 65:13
colleague 68:17
collect 72:4
color 64:12
come 4:10 12:11 38
:3,12 50:1,1 65:18 7
3:2 75:7
comfortable 12:8 13
:18,22 71:9
coming 26:16 29:14
50:3 68:18
commanding 69: 18
commenced 14 :19
comment 47:20
commenting 51 :15

communications
company 55:12 56:1
3 57:7
compelling 11:7

complaint 9:9,23 19:

1 26:8
complete 8:8,179:1
6 67:25 77: 11
completed 10:16
completely 13:21,24
complied 27:20
computer 42:5,8,16
60:16
concern 11:2534:9
47:18
concerned 4:6 39:20
43:21 44:1 71:19,21
concerns 28:17 34:1
5 39:25
conclude 75:8
concluded 76:7
conduct 33:25 34:8
53:20

conflict 38:5,6,8 39:4

conflicts 37:24
confused 60:8
confusing 60:25
conjunction 39: 11 5
9:16
connection 22:6
cons 49: 1
consider 6:22 9:16
11:20
considerably 47:11
considered 9: 15
constitutional 20: 10

containing 6:21
content 60: 14
contention 55: 1
contents 33:3
context 5:5 13:9
0,22
continuance 5: 14,20
continue 14:6
contrary 61 :23
contributed 46:6
convenient 72:12
conversation 35:10
39:17
conversations 14 :1
52 :7,10,24
convicted 9: 13
convictions 25: 19
convince 53:6
convincing 4:21
cope 69:19
copies 45:22 67:6,2
0,23 74:5
copy 3:11,16 14:19
19:22 21 :20 22:8 41.
1,11,14,21,2243:12
44:24 45:9,10,14,18,2
3 46:2 53:4 54:13 7
3:11 74 :15,20
copyright 63: 13
correct 19:4,13 23:9,
3 35:17 41:23 63:6
correctly 23:8 39:3
40:12
correspondence 56:
2 66: 12
correspondences 67

:3

corroborate 53: 10
contact 50:19,22 56:1 corrupted 46: 1
cost 5:19
comments 26:14 2821:l2
costs 32: 14 56:5
74:2 75:13
COUGHLIN 1:5 3:3,1
contacted
19:
14
55:
7
COMMITTEE 1:2,6 2
0,20 4:4 5:8,24 6: 16
:23:54:6,11 5:13 : 56:8 74:25
7:28:12 9:19 35:18
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53:5 57:24 59:4
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common 70:21
Coughlin'S
8: 18
contained 56:20
communicate 50: 11

56:12
Page 3

.t..

gp,,8'''' RepOrtCI'S of Nevada


of Hearing
Rc: Character And Fitness

counsel 4:22,23 5:8,1

10:22 34:21
71 :3
country
16
county 27:5,7 77:3,1
4

dates 36:4,14,15,16,1

different 28:15 34:2

dOing 6: 10 26:23 27

:17 59:23 60:3

36:4,1657:1860:13
dollars 28:25 30:2 3
day 10:14 18:3 21:1
differentiation 39: 15
2:11 39:20 69:13
5,1529:15,1734:21
difficulty 53:9
DONNA 1:2577:4,19
36:23 47: 14 52:8,9 5 dinner 18:7,8,14
double 62:16
3:1 60:15 61:7,9 76:3 directly 28: 19
download 42:23
77:15
downtown 16: 14, 17
8:2 23:6 69:2 days 27:23
director
8:5,9
24:17
5
: 18
deal 26:19 33:4 40:1 26:6 36:9 51:4 52:16 Dr 3:722:19,24 28:9
COurse 15:1728:54
9 69:7,20 70:20 71 :1 53:14 72:15 75:11
47:4,15 58:18 59:5,9
0:20,21,21,25 41:7,8
2 75:23
disabled 56:14
64:13,22 65:1,4 67:4
49:3.14 50:22 61 :10
dealt 49:24
disbursement 31:6,1
72:1,8,20,24 75:17,18
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Re: Character And Fitness

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Page II

ReporterS of Nevada

Re: Character And Fitness

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of Hearing
Rc: CharaCicr And

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Re: Character And Fitnes4

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Page 14

Re: Character And

Paae IS

2
3
4

In Re Matter of

Zachary B. Coughlin

8
9
10
11

12
13

14

15

ST&TE BAR HEARING

16
17

Tar.:en u: , Frirl. ;t y ,

At

18

June

21,

2002

9:11 o 'clock a.m.

At 600 East Charleston Boulevard

19

Las Vegas, Nevada

20
21

22

CA State Bar Exhibit 14

23
24

25

Reported by:

Linda Horton Sprague.

C.C.R.

No.

466

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778

....... ,,"

w<=>c::t

Sahara Avenu e ,

Suite

770,

Las

Vegas,

Nevada

a910;?

APPEARANCES:

Panel Members :

Mi chael Ro we , Chairman
Dr. Gregory Bro wn
Kevin Kelly, Esq
Lori Story, Esq.

4
5

For Zachary 8.

Coughlin:
Christianse n La w Of fices
Peter Christiansen, Esq.
520 Sout h Fou rth Street
Las Veg as, Nevada 89101

By:

9
10

Also Present:
11

Patrice Eichman. Esq.

Director of Admissions
State Bar of Nevada

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14
15

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18

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ASSOCI ATED REPORTERS OF NEVA DA - 702/382-8778

2300 West

Sahara Avenue,

Suite

770,

Las Vegas,

Nevada

89102

Thereupon-MR. CHAIRMAN,

The record should reflect

that this is the continued hearing before the State

Bar of Nevada, Moral and Fitness Committee.

We had previously met with the applicant on

2002.

And at my re quest,

as a reflection

March 1st,

of the entire committee' s vie w, the matter wa s

postponed -- or continued.

The applicant is present .

I would remind y ou , Mr. Coughlin,

you've

10

previously been sworn,

and we wi ll not readminister

11

the oath,

12

say today will be pursuant to the earlier oath you

13

took .

but we wi ll anticipate that everything you

14

Do you recall taking the oath?

15

THE WIT NESS:

16

MR. CHAIRMAN;

Yes.
We'r e pl eased to say that

17

Mr. Christiansen is here as applica nt's counsel.

18

I'll introduce the com mi ttee .

I'll start on my far

19

right with Dr. Gregory Brown.

Ms.

20

my immediate right.

21

And I'm Mi chael Rowe.

To my left,

Lori Story

is Mr.

23

of.

24

n o tice of the formal hearing for today .

25

on

Kevin Kelly.

I'm chairman of the committee.

A fe w other procedural thi ng s

22

1S

And

to take care

The committee will have marked as Exhibit 4 the

You've attached that to your brief as

ASSOCI ATED REPORTERS OF NEVADA - 702/382-8778

2300 Wes t Sahara Avenue, Suite 770, Las Vegas, Nevada 89102

Exhibit A.

2
3

Is that the n otice to whi ch y ou 've resp o nd

and why you are prese nt today?

MR. CHRISTI ANSEN,

MR.

CH AIRMAN:

That ' s correct.

Exhibit Number 5 is the

notice of the State Bar Witne sses.

notices are dated May 30th,

8
9

Both of those

2002.

The record should r eflect that I have

consulted with members of the committee and with the

10

applicant's counsel , and we do n ot intend to call

11

Dean Morgan toda y.

12

are in other areas, and we wo uld rather not interrupt

13

his busy schedule .

"4

It's our belief that our concerns

Co unsel has indicated to me prior to the

15

hearing that he did not request that the Dean be

16

present for toda y's hearing.

17

Is that correct?

18

MR. CHRISTI AN SE N:

19

MR.

CHAIRMAN :

That's accurate again.

The next exhibit in order,

20

wh ich wi ll be Numb er 6 -- I should menti on we're

21

starting up today from the e xh ibit numbers that we

22

left off of from Marc h 1st.

23

Ex h ibit Number 6 , Counsel,

will be your

24

brief with your exhibits attached to it .

2~

received a copy of the prchearing brief with

We have all

ASS OCI ATE D REPORTERS OF NEVA DA - 702/382-8778

2300

West

Sahara Avenue,

Suite

770.

La s

Vegas,

Nevada

89102

And I ' m quite certain that all the ot her

exhibits.

members have revie wed it.

well.

I have revie wed it as

So we are familiar with that.

The burden still is upon --

MR.

Would you like to have the

KELLY :

transcript as part of the record?

The question be ing clearly

>JR. CHAIRMAN ,

7
8

whether we were going to mark the transcript from the

earlier proceedings as an exhibit to this procedure.

10

But at least my reco l lection of what the Supreme

11

Court said to us in April,

12

re cord, and I don ' t see a need t o attach it.

13

happy to do it if you wish.

MR . KELLY:

o.

But I'm

I'm just making sure.

I had mentioned t o

MR. CHA IRM AN:

15

the transcript is the

16

Mr. Christiansen bef o re the hearing started after the

17

hearing of March 1st, we had requested that

18

Mr. Coughlin produce

19

about what documents he should produce, one of which

20

was the affidavit attached to the brief.

21

we made some suggestions

But there were t wo documents that we asked

22

for .

23

Admissions -- I'm s o rry.

24

25

And I am advised by the Director of

Ms. Reporter,
honorable pLesence

or

would you please reflect the

Ms. Patri ce Eichman,

wh o is

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778

2300 West Sahara Avenue, Suite 770 , Las Vegas, Nevada 89102

My apologies,

with us today as well .

We had asked Mr.

Pat.

Coughli n to produce for us

the police report,

that I will brand the movie

theater i ncident, and also his transcript from Boyd

School of Law.

received neith er of those documents.

And I'm advised this morning that we

Is that correct

MS.

MR. CH AIRMAN:

10

EICHMAN,

That ' s correc t.

Would you like to address

t hat ?
MR. CHRISTIA NSE N:

11

Sure .

I will take

I took it upon myself to be

12

responsibility.

13

responsible for producing those documents.

In an effort -- I did notice,

when I did

15

reviewed the transcri pt that Ms.

Eichman wa s kind

16

enough to provide me with, a question was asked about

17

the police reports.

18

In an effort to obtain chose ,

19

Bill Hane -- I think he's the chief deputy who

20

Mr. Coughlin dealt with -- and attempted,

21

staff,

22

staff that because the documents re sulted -- or the

23

charges resulted in an ultimate dismissal that the

24

underlying reports are not kept for an e x tended

2S

period of time and they could not be located.

to secure those documents.

I contacted

through his

I wa s told by

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778

2300 West Sahara Avenue, Suite 770, Las Vegas, Nevada 89102

7
I can tell you f r om my practice that o n ce a

1
2

misdemeanor conviction is dismissed -- and this

obviously was a dismissal -- once i t has been

dismissed,

keep onl y the police reports leading to that

in vestigation for a period of 12 months,

they're destr oyed.

it is the policy of the D.A. 's Office to

and

hen

I have had it co me up numer o u s ti mes in

crimi n al cas es wher e a cooperating witness ha s cases

10

resolved in a fa vora ble manner and I tried to obtain

11

the police reports to see ho w the resolution was for

12

him , and the D. A. ' s office destroyed them as a matter

13

of cours e and not to hide a nything.

14

The minutes have n lready been produced

15

sho wing the dismissal,

16

anything .

17

couldn't get them,

18

and I was unable to obtain

In add iti on -- so I made the effort, and I

I guess,

is the short story.

An d as to the t ran script , I didn ' t see the

19

re qu est , and I'm sure I just missed it or assumed

20

that , beca use when I applied with t h e Bar , I remember

21

that I had to attach my transc r ipt,

22

that Ms . Eichman had t hem a s a result of his

23

applicatio n.

2~

25

and I assumed

Zack has a copy of his Boyd t ranscrip ts at

his house.

It won't be an officia l.

raised seal.

ASSOCIATED REPORTERS OF NEVADA - 702/382 -8778

2300 West Sa har a Av enue, Sui t e 770 , Las Vegas, Nevada 89102

stamped copy, but I can have that delivered today to

the commit tee.

my fault,

And I apologize again.

n ot Mr. Coughlin's .
MR. CHAIRMAN :

That would be

For the purposes of today's

I believe that we did want to revie w that,

hearing,

as we al ways do with each applicant.

A n o n -certified

copy woul d be acceptable for our re v ie w today,

8

but I

believe t h e director requires , and our rules requir e,

a certified cop y of the transcript from the law

10

school .
So if yo u will represe n t

11
12

get that here as soon as possible,

13

appreciate it.

, 4
15

MR. CHRISTIANSEN:

to us that you will

we would

I ' ll send Mr. Coughlin

today as soon was we are done to go get it.

MR.

16

CHAIRMAN:

Your brief ackno wledges the

17

burden that ' s upon the applicant, Mr. Christiansen.

18

We have seen, as I indicated.

19

li ke to state for the record it is your burden to

20

prove that the applicant possesses the moral fitness

21

to become a member of the State Bar of Nevada.

your brief,

but I would

We need to be clearl y co n vinced that you do

22

23

possess the character and fitness required t o

24

practice .

25

LULn Lhis over to counsel for presentati on

And since the burden is upon you,

I will

unlps~

the

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778

2300 I,olest Sahara Avenue, Suite 770, Las Vegas, Nevada 89102

com mittee members have any questions of co unsel at

this poi nt.

As I referenced in my

MR. CHRISTIANSEN:

One is Dr.

have a couple witn esses .

Hunter,

brief,

wh o, because of a busy schedule. couldn't be present

physically, but has agreed to call in at a number .

And maybe I can pag e him.

gi v e me the number to page him.

I'm sure Ms. Eichman ca n

If I do that first,

then I can call his

Dr. Tim Coughlin, who is her e to testify .

10

father .

11

Maybe there will be a call back from Dr.

12

his page.
( Wh ereupon ,

13

Hunter from

Dr. Hunter wa s paged,)

MR. CHRI STIANSEN:

Dr . Hunter ?

Yes.

15

THE WITNESS:

16

MR. CHRIS TIANSEN,

Dr.

Hunter,

I 'm present

17

with the Bar co mmitt e e members -- Dr.

18

Ms . St o ry,

19

me as well .

20

taking time to come and testify telephonically.

21

But rather than asking you a ser ies of

Mr.

Rowe,

and Kevin Kelly.

J kn o w y ou have patients,

Brown,

Zack is with
and so you're

22

questions,

23

your involvement with Zack and your opinion ab out

24

Zack.

2,

why don't you tell the committee members

THE WITNE SS:

First: off,

appr eciate your

ASS OC IATED REPORTERS OF NEVADA - 702/382 -8 778

Suite 770, Las Vegas, Nev ada 89102

2300 West Sahara Av enue,

10
1

letting me check in telephonically.

in such company .

MR.

THE WITNESS,

I'm honored to

CH AIRr..,AN:

You flatt.er us,

Doct.or.

Do you guys have the letter in

front of you that I wrote on 5-21?

MR.

CHRISTIANSEN,

THE WITNESS,

They do,

Doctor.

That pretty much summarizes my

Zack has been coming in to see me since

findings .

early April.

He and I have spent enough time

10

together that. I am pretty confide nt in my findings.

11

And the very short version is there ' s no reason this

12

kid shouldn't be practicing law.

MR.

13

CHRISTIANSEN:

Doctor. you refer to

14

Axis I and Axis II diagnostic tests.

15

what t. hey are .

16

them and what the results we re.

But ma y be you can clarify why you did

T HE h'ITNESS :

17

I ha ve an idea

It's a diagnosis on five

18

levels.

The y call them Axi s 1.

II,

19

For the purposes of this hearing,

20

don't belong here.

III,

II.

IV and V.

III,

IV,

and V

The big one is Axis I.

Axis I is what you think of when you thi nk

21
22

of a psychological diagnosis.

Axis I answers the

23

question :

What's going on here?

What's wrong here?

Axis II is less commonly discussed, but

25

equally important criteria for a personaliLy

ASSOCIATED REPORTERS OF NEVA DA - 702/382-8778
2300 West Sahara Avenue, Suite 77 0, Las Vegas, Nevada 89102

11

This individual's pers o nality has been

diagnosis.

structured in such way tha t

chronic problems .

This is an antisocial person or

Zack has no Ax is II diagnosis.

wh atever.
5

they ' re going t o h ave

There is

nothing pathological about his personality structure .

And he onl y has one diagnosis -- whi c h is

Wh en you have a -- a norma l

adjustment reaction.

person under

affect his functioning -- that'S a diagn osis that all

10

But he comes up cle an o n b ot h on Axi s I and

Axis II.

CHRISTIAN SEN:

Dr.

Hunt er , how many

sessions have you had with Zack?

THE WITNESS:

15
16

And that'S significant.

MR.

13

14

stressful circumstances that

of us e xperience at some time in y o ur life.

11

12

temporar~ly

d o n't kn o w.

More t han si x,

but l ess than ten.

MR. CHRISTIANSEN,

And in those sessions,

18

have y o u tried to develop or hav e you seen Za c k

19

develop any type of mechanism for dealing with

20

stress?

21

pri o r st res sf ul situations, and y ou and I talked

22

about the m.

23

I mean , you've seen s o me of his rea ctio ns to

THE WITNESS:

That's been a large thrust of

21

what we have talked about.

And,

yes,

I think h e ' s

25

got better s tr a tegies in place n o w than he has had

AS SOCI ATED REPORTERS OF NEVADA - 702/382-8778
2300 West Saha ra Avenue, Suite 77 0 , Las Vegas , Nevada 89102

12

prev iousl y .
Does he hav e -- o r have

MR. CHRISTIANSEN,

you

seen him develop the mechanism to deal wi th

stress in a pro f essio nal way v e rsus some of the way s

he ha s dealt with it in the past?

THE WIT NESS:

Yes,

He clearly

ver y mu c h so .

has taken more significantly hi s ge n eral a wareness

level of i nsight.

stress -re lated problems o r stress - related reacti o ns.

Mo st people who wi n d up with

the y ' re n o t

11

kind of snea ks up o n them because -- if you want t o

12

fl y on auto pilot,

13

situations.

14

paying r eal good atte n t i on .

So stuff

10

jus t

kind of reacting to

Zack and I talked ab out a tremendous amount

15

about his cognitive structure,

16

self-monitor in a different way a nd to n ot get blind

17

sig hted by stuff .

18

onl y in the context -- general a wareness of his o wn

19

st r ess le v els are significantly better than they

20

were .

21

MR.

his abilit y t o

His general a wareness level is

CHRISTIANSEN :

Do y o u have a

22

recommendation f o r Zack o ngoing?

23

to th erapy regul arl y ?

24

THE WITNE SS :

25

Does he ne ed t o go

He and I believe -- Za c k --

yuu Cdn quesLi o n him mor e

- - but I

think we

h~vc

ASSOCI ATED REPORTERS OF NEVAD A - 702/382-8778

2300 West Saha ra Avenue , Suite 770, Las Vegas, Neva da 89102

13

affected a relationship at a level where he will call

me as he needs me .

more.

I'm going to see him a little bit

I don't chink there ' s a need for ongoing,

regularly scheduled therapy.

I do think it ' s g oo d

that he has alliance with somebody that h e can c all,

but I think that we have affected that.

MR . CHRISTIANSEN,

7
8

seen him ,

marked improvemen t

10

Over the time that you'v e

the numb er of months ,

ha v e

y ou

seen a

in his ability to deal with these

things?

Absolutely .

11

THE WITNESS:

12

MR . CHRISTIA NSE N :

Dr.

Hunter,

I ' ve

talked

13

to you at length about this outside of this hearing.

14

But can y o u sort of impress,

15

committee,

16

your opinion on Zack.

17

your letter implie s it,

18

them.

19

I guess,

THE

if you can, upon t he

the strength of your feelings or

WITNESS:

I kno w what it is.

think

but I ' d like y ou to just tell

I feel real strongly -- and

20

so me of this is because of my historical relati onship

21

with the Bar .

22

with attor n eys in Las Vegas .

23

Bar's agent on some psychological consults.

24
25

I ' ve done a tremendous amount of wor k

I ' ve served as the

I don't know the current panel,

exception of Mr.

Kelly,

who

with the

I'm familiar wi t h .

But

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778

Suite 770, Las Vegas, Nevada 89102

2300 West Sahara Avenue,

my reputation is that I'm a fairly conservative guy

on this stuff.

is no reason that this guy should not be pra cticing

la w.

MR.

And I

feel v ery strongl y tha t

CHRISTIAN SE N,

Dr.

Okay.

d on 't have any more questions for y ou .

committee may have qu es ions,

MR. BRO WN:

just wanted to ask

10

standardized

11

that nature?

12

THE

13

Hi,

Dr.

there

Hunter,

The Bar

though.
Hunter.

Dr. Greg Brown.

if y ou perf orme d any kind of

esting,

l i ke an MMPI o r something of

No , Doctor,

\<1 ITNESS:

I did noc.

I did

not feel the n eed to do that.

14

MR. BRO WN:

Okay.

15

MS . S TOR Y,

Yo u say you think Zack needs - -

That's a ll .

16

or will have a cou pl e more regular sessions before

17

you rele as e him to this on-call r el ati o n s hip ?

18
19

20

21
22
23

24
25

THE WITNESS:
expectation .

Yes,

MS. STORY,

Yes .

Tha t

was our

ma'am.
I guess that's all I wan ed to

kno w for sure.

MR. CHAIRHAN:

Dr.

Hunter.

this is

Mik e Rowe.
Did Zack explain to y o u in any detail the
previous hearing that we conducted with h im on
ASSOCIATED REPORTERS OF NEVA DA - 702/382-8778
2300 vl est Sahara Av e nue, Suite 770, Las Vegas . Ne va da 89102

15

Mar ch 1st?

That was part of our

THE WITNE SS ,

discussion, yes .
Wha t did he describe for you

MR . CHAIRMAN:

as his co nduct.

right term .

if you wi ll.

I'm n ot sure I could quote it

THE WITNESS,

I ' m not sure that's the

directly,

But the language wa s either , verbatim or pretty close

10

to ,

11

do wn.

"I

12

and I don't h ave his chart in front of me .

Oh, my God.

melted down.

It wa s

I really melted

horrible.~

MR . CHAIRMAN:

I think that ' s probably a

13

good characterization, of wh at I obser v ed at any

14

rate .

15

Doctor,

the concern that I as one member

16

have is stress exists,

17

occur to all of us all the time,

18

our professio n.

19

last hearing to the point where we stopped the

20

proceedings based o n Mr.

21

like the last hearing,

and

sometimes hourly in

And we were greatly concerned at the

THE WITNESS,

Coughlin's being upset.

Right.

I understand that.

22

And I am actually,

in general , appreciative of the

23

sensitivit y of the Bar .

24

this than the medical board.

25

a little more sophisticated , a litLle loore open of

You guys do a better job on

In general,

the Bar is

ASSOCIATED REPORTERS OF NEVA DA - 702/382-8778

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16

emotional issu es o f i ts pra c titioners.

It r e mains my professional op in ion that it

was an isolated incident that was the end of a long

cumulative peri o d.

that's not going to be r e p eated .

Aga i n,

It was a very atypical situation

i f I felt definitely -- Kevin,

felt differently,

guys not to let him pra c tice .

10

f'>1R.

Doctor .

I wou ld have no problem tell i ng you

CHAI RMAN:

THE ,II TNESS ,

12

MR. CHAIRMAN:

MR.

Kevin, do you have any

KELLY:

think y ou ans wer ed it whe n y ou

id entified it being an isolated in c ident.

T h e questio n 1 had was ho w long does an

16

17

Okay .

questions?

14

15

I appre ciate your candor,

Thank y ou very mu ch .

11

13

adjustment rea ct ion period last?

THE WITNES S ,

18

Anywhere, Kev i n,

19

months,

20

But I think he wa s clearl y,

21

of it.

22

if I

fr om days to

most usuall y a couple of si x we eks or so .

MR.

KELLY :

c l earl y t hr o ugh the worst

I mean , his physical

23

appearance -- I have a vivid memo ry of wh at he looked

24

like o n March 1st.

2~

thousand percent better.

And j ust,

physi c ally,

he looks a

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17

THE WITNESS;

Yeah .

I really do think you

guys caught him on one of the worst days of his life.

It was at the end of what was the most stressful

period of what,

This kid had always been t h e captain of the team and

the president of the club and so on .

to being in an underdog's position, and,

just didn't kn o w ho w to handle it .

frankly,

He wasn't used
frankly,

10

part of Zack's stress arises from self-imposed

11

standards t hat aren't realistic?

THE WITNESS;

12

he

Do you think it's possible that

r<1s . STORY ;

had been an untroubled life .

I think that's absolute ly

That's absolutely what has been addressed in

13

true .

14

therapy.

15

of doctors .

16

is the criteria he sets for himself.

This is true of a lot of lawyers and a lot

The most demanding criteria in his life

17

But I think we've talked through that, and

18

he has more realistic expectations of what he ought

19

to be doing .

20

MR. CHR ISTIANSEN;

21

Pete Christiansen.

22

questions .

23

y our patients.

24

25

Dr . Hunter,

this is

I guess e v erybody is done asking

I appreciate you taking time a way from

I kn o w you're very busy this morning.

THE t'l ITNESS;

Okay .

I appreciate it.

[eel stro ngly about this, and I wan ted to be on the

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18
1

record about ho w I feel.

me the chance to do so .

MR.

THE WITNESS,

So I appreciate your giving

CHRISTIANSEN:

Thank you,

Doctor.

Call me lat er and let me know

ho w it went.
MR. CHRIST IANSEN,

Okay .

if I could call Tim Coughli n,

out in t he lobby.

think maybe next

Zack's father.

He's

10

Thereupon ,

11

TI MOTHY D. COUGHLIN

12

was calle

as a witness and,

13

s worn , testi fi ed as follo ws:

having been first duly

14

MR. CHRIS TIANSEN:

15

Dr. Coughlin,

this isn't

16

quite like the questi oning that would be in court,

17

but you are under o ath today.

18

committee that is going to make a recommendation in

19

Supreme Court on the admission or non-admission of

20

your son.

21

22
23

Tell the Bar,

This is the Bar

the committee members, wh at

y ou do for a living .
THE WITNESS:

I ' m a family practitioner in

24

Reno, Nevada, and one of the founding members of Reno

25

Family Physicians .

And I'm an associate professor at

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19

Family Practice at the medical school.

MR.

You 're also the father of

CHRISTIANSEN,

the applicant?
Yes.

THE vII TNESS:

MR. CHRISTIA NSEN:

As you know,

the area --

you and I

with is the moral character of Zack.

a chance to revie w e-mails and talk to me about him.

-- that the Bar has expressed concern

In general,

10

have

Tha t's correct.

of.

And you ' ve had

how was Zack prior to this.

sort

last eight months of his life?

THE WITNESS:

11

12

of character .

13

to me.

Well,

this is completely out

This is -- you know,

it's mystifying

And it just simply isn't Zack.

I remember when Zack graduated from high

15

school,

16

published poet and professor of English at Reno High

J.

and,

Tom Mishare

(phonetic),

who is,

you know, a long-term MBA player,

y ou kn o w,

wr ote him the

18

most glo wing letter that I've ever read.

19

better than anything I ' ve ever had.

20

Zack that I

21

It wa s much

And that's the

remember.

Zack was a, you know,

National Merit

22

Finalist.

23

most valuable player in the Morman Triple A and a

24

com plete straight arro w .

25

anything out of line.

He was All-State in basketball.

He wa s

I mean, he didn ' t do

And his mother and J

would

AS SOC IATED REPORTERS OF NEVADA - 702/382-8778

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20

say,

you kno ....'.

gOing to have

other.

ever y once in a while,

0 act out a

You know,

sometime he's

little bit,

one way or the

You

the e-mails wer e appalling.

know,

I read one where he was complaining about a

professor wh o was apparently stalking some female law

students and had given Zack, y ou know,

in the class,

involved wi th the best grades in the class.

while he gave the t wo girls that he wa s

The letter wa s

10

just ridiculous.

It was beyond belief.

11

immature.

12

is going on here?

13

character. "

. 4

a poor grade

And I

It

said.

was so
"What

This is just completely out of

So, you kno w, we've had -- I've had s o me

And I think we 'v e

15

concerns about that sort of stuff .

16

come through that .

17

diagnosis of an adjustment reaction is accurate.

18

think he wh o learns must suffer.

19

has learned a great from this,

20

has.

21

he has.

I think there is -- I think the

And I

think Zack

at least I hope he

And after talking with him repeatedly,

22

I'm sure

And we are very much a ware of how

23

inappropriate this stuff was.

24

And I read the brief that he wrote there.

2S

thoughL,

you kno w,

Some of it's arrogant.

And I

what are you using for judgment

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21

here?

You're under the gun and you send off a thing

that is flippant and immature .

You know, we don't have any defense in this

But I can tell you,

regard .

typical of Zack.

this is not

Can you tell us -- or I

MR . CHRISTIA NSEN ,

absolutely,

Can you tell the committee members

already know.

what stress you kno w of that Zack was undergoing

during this sort of window in his life where these

10

inappropriate things were happening?

I kn o w that Zack is o ne of the

11

THE WITNESS:

12

hardest workers I ' ve ever met.

13

o n something, you kno w, it gets done.

When he gets focused

He taught himself to play the pian o whil e he

14

After he gave up sports,

15

wa s in college .

16

music very intently.

And I know that

17

~n

he took up

his freshman year in law

18

school, he made the la w re v ie w.

19

this was the hardest he had ever wor ked in his life.

20

And,

apparently,

And he told me that

that was one of the impetus

21

for send ing this letter to the dean was that he felt

22

that he had worked incredibly hard and that some,

23

know,

24

wa s the only B he got that year .

25

you

behavior on the part of a professor was -- it

And I said, you know, y o u came across as

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22

just a pissy little brat wh o didn't get the grade he

wanted .

But the way you said i t ,

it's just nutty.

You kn o w, wh at you're saying is accurate.

is ridiculous.

In t h e last t wo years,

You

know,

I've gone through a

We've now reconciled.

But I

think that

separation.

wa s a major stress o n Zack.

or four kids in co ll ege at one time , so I think he

thought that financially he wa s a burden.

And,

10

in fact,

You kno w, we had three

I have spent over a

hundred

11

thousand dollars in the last three years on education

12

alone for,

13

have.

14

would we not have supported him.

15

But,

you kno w, a number of the children we

you kn o w,

he misread that.

At no time

You know, my parents took out loans until

16

they were blue in the face.

17

vacations f or se ven and eight years in a row and put

18

all four kids through graduate school.

19

occurred to me to pay a tuition.

20

ridiculous I was at that point.

21

They didn't take

It never even

That's how

And looking back on this.

y ou know.

there

22

were some periods in my life where my judgment early

23

on rivaled Zack here at this point.

24

tell you some hair-curling stories of just atrocious

25

judgment and borderline criminal behavior.

I mean,

could

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23

stories.

ca n you tell us -All right.

THE WITNESS:

Rather than tell us your

MR. CHRISTIANSE N,

I'm not going to

do that.

Can you tell the

MR. CHRISTIANSEN,

committee members what improvement,

seen in your son since

do wn day Mar ch 1st,

California Bar,

if a ny, you've

well, we'll call the melt

2002.

The day after he takes the

and his car breaks down,

and he comes

10

back to Vegas and appears before these four people by

11

himself.

THE WITNESS:

12

13

of,

I think,

1;

he had w ith a girl,

the first real meaningful relationship

too.

MR. CHRISTIANSE N,

15

16

Plus there was the break up

Dr. Hunter,

have you seen a marked difference at all.

17

THE WITNESS:

18

MR. CHRISTIA NSE N:

19

Yes.
Wh at difference have you

seen?
THE WITNE SS:

20

It's more like the old Zack,

21

you know,

that I remember.

22

you know,

has some judgment .

23

immature.
change.

25

Since he's been seeing

You know,

He's solid.

He's stable,

Isn't flippant and

it's nice to have him back for a

I think we'v e gone through a very rough

pel.-iod.

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24

earl y -- right? -- t wo and a half years?

Yeah.

THE WITNESS:

MR. CHRISTIANSEN:

school and wor king; right?

Took the bar wh ile in-law

Right.

THE WITNESS,

MR. CHRISTIANSEN,

No w , he finished la w

MR. CHRISTIANSEN,

Passed the Nevada Bar

before he even graduated from la w school?

THE WITNESS:

That's correct.

That,

also,

10

was the difficulty of having turned in the paper was

11

sort of symptomatic of the whole thing .

12

you're working hard enough to pass the Bar before you

13

graduate from law school,

l~

revie w,

15

You're obviously doing your work .

16

think if

if you've made the la w

you're not a guy who doesn ' t do his work.

But you put yourself in a terrible position

17

by not turning in the e - mail copy and then getting

18

then developing all kinds of rights and privileges

19

and stuff.

20

silly .

21

way s about it .

22

you kno w, along that line that wa s

I mean,

it was j ust stupid.

just

There 's no two

But I think when you look at the overall

23

thing,

this is not a guy who d oes n't do his wor k .

24

mean,

25

there without having done the work .

he couldn ' t write the draft that he wr ote in

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25
An d

then to wards the end of

the draft,

you kno w,

he

I'm sure he

juSt drifts off i n to being

thought he was being cute.

when you turn in a paper like that to a professor,

where you're try i ng to be c u te by ten times .

HR. CHRISTIANSE N:

To me,

i t ' s insulting

in lig ht

Do you have

of

you

kn o w , operate to t h e pro f essional and ethical

10

the im p rovement t h at - - the old Zack is back.

have a n y co n cer n s about his inability to , you

standards he n eeds to?

THE

11

~'lI

No .

TNESS :

I kno w to an absolute

12

ce rtainty that Zack kno ws rig h t

13

very seriously_

14

thing_

15

so mebody wh o will stand up for what ' s right.

from wrong.

takes it

He kno ws when he's doing the wr ong

And he has a g oo d heart.

You kno w , he's

And h e ' s been that way ever since he was a

16

little kid .

18

of growing p ains t h at p eo p le go through .

19

it ' s unfortunate h e picked la w schoo l

20

it b eca use he h adn't

21

him in high school and co l lege,

22

this is the most soli d,

23

ever met.

24

So this is -- I

guess this is some sort

17

25

do

And I

think

to go through

-- you kno w, if you had kn o wn

you would have said

stable person, you k no w,

I' v e

And then suddenly we drift off into this

thing.

But , you k no w,

I 'v e had periods like that.

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26

And I don't kno w if anybody here has had anything

like that .

through it without any major ,

happening here.

A lot of this is self-inflicted

damage.

it simply didn't need to happen .

But,

I mean,

fortunately ,

additional questi o n s

committee members do.

for Dr.

MR. CH AI RMAN:

thi n k we've gotten

terrible things

I d o n't think I have

MR. CHRISTI ANSE N:

Coughlin.

I'm sure the

Starting again Dr.

Bro wn?

I d o n't think so.

10

MR.

BROWN:

11

HR . CH AIRMAN,

12

MS.

13

THE WI TNESS:

14

MS . STORY:

15

THE WITNE SS ,

STORY :

Ms. Story?

Ho w many c h ildre n do you have?

Si x .
What 's Zac k' s plac e?
Zack is third oldest.

His has

16

t wo

17

psychology fr o m Portland .

18

sister who's teaching special ed in the middle school

19

in Ren o .

20

wh o 's a sophomo re who is going into ,

21

junior year , and t wo sisters at home.

22

23

older sisters , o n e of wh om just got a master's in

He ha s another older

He h as a younger brother here in Vegas

MS . STORY ,

I believe,

his

How o ft e n did y ou talk to Zack

while he wa s in la w school?

24

THE WITNESS:

25

MS STORY :

Once a week,

at least.

Did he ever express Lo you oc did

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27
1

you ever pick up from him the stress and the

financial problems he was having?

THE WITNESS:

Yeah.

first year when he was,

And I

-- especially

the,

with the professor who has subsequently. apparently.

left the law school and did -- I mean,

kind o f unusual

it was a very

I kno w from running a large group

you kno w, when you accuse somebody of

10

sexual harassment,

11

charge .

that ' s a very, very serious

And I said to Zack,

12

in conflict

very scary sort of thing.

I mean,
practice that.

apparently,

I don't know what you're

There's only two things that ca n

13

thi nking about.

14

happen here -- he leaves, o r you leave.

15

dealing with somebody who is probably very sick and

16

very bright,

17

of trouble .

And y o u're

and y o u're going to be in a great deal

But this being the re al world , a third thing

18

19

happened -- nothing.

20

because if somebody had been d oi ng that in my o ffic e ,

21

he would have been fired immediat el y.

MS. STORY,

22
23

So did Zack pay for his o wn la w

school education?
THE vIITNESS,

24
25

So -- which astounded me

kind

of

st uff.

With a lot of loans and that

But we provided,

you know,

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28
1

significant financial support too.

of

law school wit h a fair amount of debt.

MS.

THE WITNESS ;

MS.

But he's come out

STOR Y,

STORY ,

Most o f us do .
It ' s amazing.
I don't have an y further

questions.

MR . CHAI RMAN:

MR.

KELLY,

MR.

CHAIR MAN:

10

THE WITNESS :

11

MR.

KELLY,

Mr.

Kell y?

No questions .

Thanks for taking your time.

You're welcome.

Thanks for reading this stuff .

12

A lot of guys come in and they give character

13

references for their kids or a good friend,

14

haven't read a damn thing.

15

it.

THE WIT NE SS:

17

MR.

21

KELLY,

He writes well.
I think he writ es exception a lly

well.

THE WITNESS:

19
20

of

Enough to get himself in a lot

t.rouble.

MR.

CH AIRMAN,

Doctor,

22

co ndu cted the first hearing,

23

become very emotional.

24

the hearing.

25

clearly, you 've read

and we appreciate the time --

16

18

And,

and they

on March 1st when we

we noticed that Zack had

And as a result, we stopped

Has Lhere ever been a similar kind o[

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29

incident?

And I'd be happy to describ e it further or

allo w any of the other members to des c ribe wh at we

observed .

knowledge?

Has this occurred in the past,

THE HITNE SS :

No.

to your

That wa s very, very

upsetting to me wh en r heard that because I thought,

you know,

do wn and cry in a meeting,

upset.

Zack is a pretty tough kid .

Now,

10

And to break

he had to be very,

very

depression does run in the family.

An d

And,

11

so I assume that he was stressed and depressed.

12

apparently,

13

his own and was terrified that every time he turned

14

around he was going to be incurring another legal

15

bill .

16

to do that on his o wn,

17

And,

he was trying to handle this hearing on

That's one of the reasons that h e was trying

and he just wa sn ' t up to it.

you kno w, what I've tried to get across

18

to him is, you know, when you ' re wrong,

19

You kno w, life is very hard for people who can't

20

admit that they were wrong.

And,

21

fortunately,

admit it.

I think he sent enough

22

letters of apology and realizes that he was just

23

flat,

24

that is clearly a very atypical kind of reacti o n for

25

him to have .

dead wrong.

And, you know,

it was -- you kno w,

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778

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30

And I thi nk he had driven o v er to

his car blew up on the way over

California ,

taken

there --

and I think he was just runn ing on o verl oa d.

took the Cali f ornia Bar,

You kno w,

it sou n ds like

- - well,

there,

was a three - hour hearing at that poin t.

something along that li ne .

MR. CHAI RMAN,

Well,

Is that

--

I think the last time

But we ha d taken

10

was about that lo ng,

11

several breaks to all o w Zack an opportunity to try

12

and collect himself.

13

adjourned,

14

that and allo w him t ime to collect himself.

15

Doctor.

I wasn't

And 1 guess that

but it sou nd s pretty bad.

came back f or this,

And the third o ne.

it was obvious to us that we

wh en we

needed to do

and I ' m not saying it for

T hi s committee

16

any reason other t han advising you,

17

formal title is Mo ra l Character and Fitn ess .

18
19
20

And,

Doctor , our

fran k l y, my concerns are more the

nature of the fitness , based on what I observed .

So with t hat in mind, kn o wi ng what we 'r e

21

charged were doing, wh at are your feelings ab out

22

continued cou n seling or therapy wi th Dr.

23

you think that ' s advisable?

24

THE WITNESS:

25

MR.

CHAIR MAN:

Hunt er?

Do

dad,

--

Yes.
Based on being

how

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31

THE WITNESS,

I think that's a good idea,

It ' s just -- anybody would benefit from

you know.

counseling.

You k no w, a good counselor is worth

their weight

~n

every o nce in a while.

is not worth living, and yet we careen through our

lives and never really look at how we're feeling and

what ' s happeni ng to us .

wouldn't benefit from that .

gold.

And we all ought to do that

They say the unexamined life

So t h ere isn't anybody that

And I've been to counseling.

10

You know,

11

we're in marriage counseling at this point, and

12

that's been very helpful too.

13

what soever with that.

14

you

15

year is atypical.

know,

16

So I have no quarrel

But I also want to reiterate,

what I've seen in the last six months or a

And I feel real strongly we're not dea ling

17

with any kind of underlying major psychopatholog y .

18

we ' re not dealing with somebody that's schizophrenic

19

or somethi ng like that.

20

We're dealing with somebody that has -- you

21

know,

I think the adjustment reaction idea is

22

accu r ate .

23

immaturity.

24

is v ery funny, and he's a great mimic.

25

see he ' S got -- well, a good sense of humor.

And r think there's a certai n amount of

I remember when in high school -- Zack
And you can
He

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32

misplaced it where he put it.

But when he wa s in high school,

the Yale

basketball coac h came do wn and intervie wed him.

I was meeting wi t h the guy beforehand , and I was

telling him Zack was very funny.

And

And Zack sho wed up and sho wed him catatonia,

one word ans we rs,

the hell -- you kno w, what happened in there? "

you forget the y ma y be as big as a house and smart as

10

a whip,

stuff like that.

And I said,

" What
And

but they're still just 17 .

11

And when somebody comes down and

12

intimidates -- you know,

13

I said,

14

going on here?"

is sort of intimidating, and

" Gee, you didn't talk to the guy.

So I don't kn o w if that -- I don ' t

15
16

that has to do with this,

17

that sometimes,

18

wh o are still young.

19

make steel .

20

really.

What's

know what

But it reminds me

you know, you're dealing wi th people

You know, and it takes fire to

And you have to go through a whole lot of,

21

you know,

22

out on the other side with some judgment and some

23

humility.

24

here .

25

bad things every once in a whil e to come

And I think that's sort of what's happened

MR. C}I AIR MAN :

Any further questions?

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33
1

MR. CHRI STI ANSE N,

You k no w ,

and I

Thanks,

I ' ve done these a

number of times

now,

hearing me blo w a bunch of smoke,

about some o f the perspective he's had and maybe

respond to some qu est i o n s

think the be st appr o a c h,

Dr . Coughlin .

rath er than

is to let Zack talk

from y ou .

I wo uld tell e v e rybod y that to listen to his

dad tal k ab ou t him is a different typ e of emotional

thi ng than an emotional deal where -- that you sa w

10

Mar c h the 1st.

I ' ve had Zack in my office .

11

You kn o w,

12

somebody on t he committee recommended he come see me

13

early on .

14

t wo different pe o p le from how he dea lt wit h stuff in

15

my office ,

16

do wn in tears t o t o day.

17

h ou r s yesterday ,

18

able to handle it.

19

And I can te ll y ou ,

where,

it ' s like loo k ing at

i n a q u estion , I could have had him

wh e re,

berated him,

you kn o w --

for t wo

and h e ' s pr etty much

Hi s dad h olds a s o ft spot -- y ou kn o w, he

20

has a soft spot in h is heart for his fat h er.

21

just poi n t

22

the one yo u sa w the n.

23

So ,

And I

o ut that that ' s a different emotion than

Za c k,

why don ' t

y ou tell ,

in your o wn

24

words , the committee members what y ou ' v e learned

25

in --

I don't know -- Mar c h 1s t

-- it's ab out three

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34

and a half months -- about things that you did.

What have you learned

THE WITNESS ,

break for a second.

MR.

(Recess from 9:55 a.m.

MR.

CHRISTI AN SE N,

CHRISTI AN SEN :

THE WITNESS ;

MR.

12

THE WITNESS :

13

this point.

14

stuff.

15

MR.

16

hearing,

17

haven't I?

to 10 : 0 4 a.m.)

Zack ,

tell

the Bar the

I'm working at Perry and

CHR I ST IANSEN,

I ' m doing researc h and writ ing some

CHRISTIANSEN:

No w,

since this March

I've had occasion to see you in court,

THE WITNESS :

19

MR . CHRISTIA NSE N:
the re ?

Wh at are you doing there?

I suppose I'm a la w clerk at

18

21

That's fine .

Spann.

11

20

Sure.

committee what y ou 're d oing no w where you're working .

9
10

the best question?

May be I could take a rest room

15

You were n' t

That ' s correct.

What were you doing over

practi ci ng.

THE WITNESS:

I was n't practicing.

wa s

22

wor king o n a case called Lewis v Sunrise in front of

23

Judge Parraguirre for some attorneys from Oklahoma

24

who were practicing with Early and Savage on a

25

medical malpractice defense .

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35

MR.

CHRISTIANSEN,

through an actual jur y trial?

THE IH TNESS,

MR. CHRISTI ANSE N:

So did you get to sit

Pretty much, yeah.

Did you do some of the

pretrial motion work?

Some of the v erdict packet.

THE WITNES S,
7

help out a lot on some of the research issues,

of that sort .

MR.

CHRISTIANSEN:
h~d

things

I wa s not here for the

10

last meeti ng you

11

transcript sho ws that you told the Bar committee that

12

you

13

stressful time in your life.

with the Bar, but your

thought taking the Bar was going to be the most

Have

y ~~

may e change d thal o pin io n?

THE WITNESS,

Sure.

I mean,

never really

16

intended to sa y that.

17

be more stressfu l than what an attorney does,

18

certainly .

19

You kno w,

I thought taking the Bar would

--

MR. CHRIST IANSEN:

You have some real life

20

experience of the stress that goes along with

2]

practicing?

22

THE WITNESS :

23

MR.

24

THE WITNESS,

25

Sure.

CHRISTIANSEN:

Absolutely .
Is it stressful?

Certai nly,

it's stressful.

think it ' s a lot more stressful than taking the Bar.

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36

There ' s a lot higher stakes and things of that sort .

I think what I meant when I said it wa s more

stressful

developed the coping mechanisms for stress that most

attorneys have de v eloped because they have to.

at that p oint in time,

And so in that regard,

I hadn't

it was more stressful

than I inte nded for it to be when I'm a c tually

practicing.
MR . CHRISTIA NSEN :

10

school in three full y ears?

11

THE vHTNES S :

12

MR.

No w , y ou went through la w
T~ o

and a half year s?

Two and a half years.

CHRISTIANSEN:

Too k the Bar after your

13

second y ear while y o u were employed and going to

.:. 4

school;

right?

15

THE \>lITNESS:

16

MR.

Yes .

CHRISTIANSEN :

You heard about e-mails

17

and briefs and the movie incident,

18

called it , and do you have any different perspective

19

on those now after dealing with Dr . Hunter than you

20

did,

21

with Dr . Hun ter and me,

22

maybe,

as Mr . Ro we has

at your last h ea ri n g o r before dealing

THE WITNESS,

to be honest?
Certai nly .

You k no w,
you kno w ,

the

23

further I get away from all this ,

the more

24

and more I have to cringe at reading some of the

25

e-mails and things of that sort .

Not so much in the

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37

underlying actions that caused the e-mails because I

d o still su bmit that I

certainly t he way I handled it wa s completely

inappro priat e .

turned in the p a per,

And , u
yo kn o w ,

but

the furth er and further I get

a way and take a l ook at the papers, you kn o w,

hard to loo k at that st uff.

10

it's

Has Dr . Hun ter helped you

MR . CHRISTIAN SE N,
i n any regard?

THE WITNESS:

Ce rtainly.

I've developed

11

some coping mechanisms for stress .

12

mentioned,

13

is essential to avoiding some of the situatio n s

14

gotten myself i nt o with some of these e-mails.

15
16

17
18
19

And as you

some of the self-monitoring behavior that

MR.

KELLY:

Zack ,

can you

I've

just tell me what

some of those co pin g sk ills are?

THE WITNESS ,

Well,

to try to do too mu ch .
MR.

KELLY;

I think foremost is not

You kn o w,

a good example

Do you reall y believe that have

20

you ' ve acce p t ed that propositio n -- that we all have

21

limitatio n s in ou r liv es , o r are you still trying to

22

accept that?

23

THE WI TNESS:

24

Unfortunately ,

25

I first met you guys.

No.

I t hink I have.

I had already -- I was n' t

able to when

I had just taken the

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38
1

California Bar .
MR.

today.

KELLY,

We rememb er .

I'm o nly talking

ho w y ou 're co ping today and in the future.

I ' m tr y ing to relate to that .

THE iH TNESS:

That was probably taking on more than I should have,

trying to take that Bar.

today , I probably wouldn 't , you kno w,

that I can ' t

you know,

And if I was doing that

because I know

j ust keep pushing things until I have,

n o real energy left in my life to make the

10

right decisions or , y ou kn o w, not get in a situation

11

wh ere I'm facing too much stress .

12

accepted that.

13

MR. CHRISTIANSE N:

14

me when you

15

Bars you wanted to take.

16

Califo rnia Bar ;

Tell them what you told

first canle and told me about how many

You wanted to take the

right?

17

THE WITNESS,

18

MR.

19

And I think I have

Yeah.

CHRISTIA NSE N;

was such a thing ,

And I didn't kno w there

but the Patent Bar?

20

THE WITNESS:

21

MR . CHRISTIANSEN :

Y eah .

An d some other Bar.

22

mean,

23

take every Bar under the sun,

24

that

you had these ideas that you were going to go

it seemed to me.

Isn't

right?

25

THE WIT NESS :

That's right .

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39

MR.

CHRISTIANSEN:

Is that still the way you

see yourself -- needing to do that?

THE WITNESS,

much I can and still,

mechanisms and behavi or that Dr. Hunter and I talked,

you kno w ,

accepting that I set some unrealistic goals for

myself.

No.

I just want to take on as

you know,

implement the coping

about -- not trying to do so much,

and things of that sort .

And sometimes when those goals aren't met,

10

it ca n be a situatio n wh ere I'm unrealistically

11

critical of myself.
MR.

12

KELLY:

13

morning.

14

the wh ole day _

15
16
17

Tell me a typical day_

Tell me what time you got up.

THE WITNESS:

Oh,

Go through

got up probably about 7:00

And --

and went into work at about 7:45 or 8:00.

MR.

KELLY:

This

Do you read the paper?

18

wat ch any of the ne ws things in t he morning?

19

eat breakfast?

20

to hear what y ou do.

21

22

Just give me a typical day .

THE WITNESS,

Yeah.

I get up.

I,

Do you
Do you
I want

maybe,

listen to a morning sho w or something .

23

MR.

KELLY,

24

THE wITNESS ,

25

of that sort -- or some music .

What channel?
Channel 3.

NBC or something

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1

MR.

KELLY,

THE WITNE SS,

Yo u know,

fort.unat.ely,

come home often for lunch.

there's -- y o u know,

a re kind of calming influences.

--

And that's ni ce.

And

Those

They must be better than my

wa s going to say, mine

just ate o f co rner o ff my s helf.

MR.

12

THE WI TNESS:

13

MR. KELLY:

KELLY,

What time do y ou leave work?

About 5:15.

Wh at do y ou do wh en y ou get

home?

THE WI TNESS,

15

I usually just relax for a

16

while.

17

actually have a fairly bad back problem,

18

tub help s with that.

19

talk to some friends or family o n the pho ne.

I g o in the hot tub for a whi le because I

20

MR.

21

THE WITNESS,

22

MR.

23

so I

I have a couple d o gs no w.

MR. CHRISTI ANS EN:

11

14

come

d ogs .

10

l ive right next to my wor k n o w ,

MS. STORY,

Okay.

KELLY,

KELLY.

and the hot

An d I wat ch some TV or , maybe,

Do yo u have roommates?
I

have o ne roommate.

Okay .

What time do you go to

bed?

24

THE vllTNESS:

2S

MR.

KELLY:

About 10:00, 10: 30 , 11:00.

So y o u're hom e at 5:00,

5:30,

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41

you hit

the hot tub .

Do y ou have dinner?

THE WIT NESS :

MR . KELLY :

THE WITNESS :

MR .

Do y ou k no w ho w to cook?

KELL Y,

What happens bet ween 7 : 00 and

THE WITNESS ,

Mayb e s ome lig ht r ea d i n g or

something of that sort .

MR .

KELLY :

Are y ou reading a book n o w?

10

THE WI TN ESS :

11

MR.

12

THE WITNESS ,

13

I coo k right no w.

10 : 00 before y ou reti r e?

Sure .

Yea h .

What are y ou reading?

KELL Y:

Right n o w ,

just started a

boo k called "'Ti s" by F rank McCourt .

14

MR.

KELLY,

15

THE WIT NESS :

What is the plot?

Oh ,

it.

co n ti n uation on his

"Angela's Ashes."

And

16

earlier book t hat he wrote

17

I ' m not really that far into it at t his point.

18

kno w he arrives in Ne w York and it kind of follo ws

19

his young life .

Do y ou go to mo v ies?

20

MR .

21

THE WITN ESS :

22

MR . KELL Y,

23

THE WIT NESS :

K ELLY:

24

about a mo n th ago.

25

had a

But 1

Well , sometimes .
What ' s

the last mo v ie you sa w?

I kn o w I sa w a movie probably

When I was looking for jobs,

loL of free time on my hands .

was going to

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42
1

movies .

MR. CHRIS TIANS EN,

THE WITNESS;

MS . STOR Y :

THE WITNE SS,

MR. CHRIST IANSE N,

Paying f o r movies.

Do y ou e x ercise?
I try to, y o u kn o w .

members about yo ur back.

my brief .

Paying f or mo vies?

THE WI TNESS,

Tell the committee

I neglected to do that in

Well , I have a r eal k ind of

10

complicated back pro blem that ' s bee n kind o f

11

started about five years ago , and I gu ess y ou could

12

describe it as c hronic pain.

13

of money recently o n MRI s

l4

Beca u se I don ' t

-- it

And we 'v e spent a lot

and things of this sort .

hav e any health ins ura n ce

15

and that was one of the reasons t hat I wan ted to get

16

through schoo l more quickly because the student

17

healt h insura n ce

18

MRI,

19

co me up with 8 to $1,200 r emai n ing o n the bill .

20

th at just wasn' t

23

if you want to get an

they ' ll pay for about $ 200 ,

and th en y ou h a v e

to

And

t oo r e alistic then.

MR. CHR ISTIAN SE N:

21

22

you kn o w,

So was t ha t an added

stress?
THE WIT NE SS ,

Yeah.
it 's

I mean,

anybody wh o h as

I t hink everybody

24

lived with chronic pain,

25

only has so much st r e ss they can tol@rate.

And,

you

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43

if you're living with c hr on i c pain.

kno w,

a good percent of y our allotted stress,

takes up

y ou kn o w.

And we 'v e r eally tried to address the

3
4

problem .

insurance.

But ,

y ou kn o w ,

it is difficul t

with out

No w I ' m working at Perry and Sp ann, an d

shortly my insura nce will be started,

that will help.

stress.

MR.

10

11

i t

Ce rtainly,

BROWN:

and some of

it wi l l a v oid some o f

th e

Ha ve you talked to Dr. Hun ter

about the c hr o nic pain?

12

THE WI TNESS :

Ye ah,

I did.

And he

13

recommended a pain spec ia list in to wn nam e Mc Kenna .

14

And I ' d like to go to h im .

15

little out of my ball park right n o w.

16

talk to him about dealing with the pa in .

17

kn o w,

Unfortunatel y,

it ' s a

But.

you know,

A nd ,

y ou

it's a mystifyi ng thing to me.

And he tried to giv e

18

to be honest,

he

19

tried to give me some thi n gs to deal with pain,

20

sometimes wh e n y ou 've been in pain for so long

21

ever yb od y has a remedy , and y ou stop liste n ing to

22

people tel l

23

so I kno w h e told me some things about pain.

24
25

y o u h o w to get a massage o r,

but

you kn o w

And I tried t o -- something about a cce pti ng

iL , and I

trie d to get as much out of it as I could .

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44
1

MR. BROWN;

Is it allover in your back?

THE WITNESS:

mid-thoracic problem .

of neck pain.

be a pain from a neck problem

showed something like three bulging discs in my neck

and then a bulgi ng disc in my back.

think structurall y that ma ndated a surgical

intervention .

It's pretty much a

Bu t

I also have a fair amount

And some of the doctors think it might

And some of the MRIs

And they didn't

10

But we have a s p orts a lternative way of

11

addressing the problem, such as therapy and some

12

alternative treatme n ts in additio n to the physical

13

measures of , you kno w, ice and massage and

14

chiropractic.
MR . BROWN:

15

THE WIT NESS:

17

What helps the most?

Exercise helps.

Not sitting

do wn at a desk for too lo n g helps.

MR.

18

BROWN:

What were some of those - -

19

Dr. Hunter and you both mentioned that you were

20

beginning to do self-regulation or to do

21

self-monitoring of your behavior of your feelings.

22

Can you tell me what t hat means.

23

THE WITNESS ,

Well , I think,

to a certain

24

extent,

self-monitoring starts with having the time

2S

to self-monitor and not be so caught u p in what

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45

you're dOing. what you're trying to accomplish.

really too close t o things to see what they really

look like.
So in that regard, we worked on trying to

accomplish less,

realistic goals and thus enable me t o,

of be able to step back once in a while and say maybe

I won't send that e-mail , maybe I'll wait until

morning and read that again.

10

trying to do less, set more

y ou kn o w,

You kno w ,

kind

things of

that sort.

MR.

11

CHRISTIANSEN:

The e-mails,

in

12

hindsight, do you have any doubt that they were

13

inappropriate?
THE

~olI:'NE SS;

15

16

inappropriate.

say.

cringe when I

MR.

17

18

fiasco?

19

right?

No,

n ot at all.

r ead them.

CHRISTIANSE N :

:;: mean,

like

So I know they are

Ho w about the movie

You kno w you ' re supposed to pay for movies ;

20

THE WITNESS:

21

MR.

22

THE WIT NESS ,

23

MR.

24

ultimately dismissed?

25

THE WITNESS :

Abs olutely .

CHRISTIANSEN:

And not run from people?

Yeah.

CHRISTIANSEN:

And that case was

That's right.

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46

MR. CHRISTI ANSE N,

No charges?

No

convict.io ns?
That's correct.

THE WI TNESS:

MR. CHRI STI AN SE N,

The Stratos paper -- you

read the brief that I submitte d,

Amy Jones?

and -- is it

Yes .

THE WITNE SS ,

MR. CHRISTI AN SE N,

And Amy Jones signed an

affidavit saying that she saw y ou turn the paper in.

10

I ' ve submitted a co py of a draft of the paper to the

11

Bar committee,

12

correct?

and y o u've turned in the paper;

13

THE WI TNESS ,

14

MR. CHRISTI AN SEN :

Yes .

An d t h ere was an

15

investigation into Professor Stratos giving you a

16

grade suffici ent to gra dua te?

17

THE WITNESS:

18

MR . CHRISTIANSE N :

That ' s correct.

Similarly , any of the

19

investigations or incide n ts at the la w school.

20

of

21

dishonesty or dishonesty of any sort;

22

correct?

them resulted in a ny finding of academic

23

THE WI TNESS ,

24

MR . CHRISTIANSEN :

25

none

is that

That ' s correct.

You were asse ssed one

time a hundred dollars for moving a computer you

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47
1

used,

and that hundred dollars was the money that the

staff

incurred in putting it back; right?

That ' S correct.

THE WITNESS,

MR. CHRIST IANSE N:

And part of what I

submitted is stuff that the school -- the Boyd School

of

apology letters you wr ote to the of fen ded parties

Professor Stratos bei ng o ne of t hem ; correct?

Law didn't submit, which was one of a number o f

THE WIT NESS:

T h at ' s co rr ect.

MR. CHRISTI AN SE N ,

10

Di d y o u wr i te the

11

letter -- so the Bar knows I attemp t e d to get

12

Mr.

13

e xtend ed vacation.

Stratos to be h ere.

14

He ' s i n Euro p e on an

Did you write the letter before you got the

l~

passing grade or after to say thank you for giving me

16

the pasSlng grade?

THE WIT NESS :

17

18

before I got the grade i n the class .

MR. CHRISTI ANSEN,

19

20

I wrote it se v eral months

So you had at least some

ability to see what you had done was u n professional?

21

THE WIT NESS :

22

MR. CHRISTI AN SE N:

Sure .
And all of t h is stuff,

23

Zack,

:4

Ms. Eichman and sending her e-mails?

2S

that happened , were you timely rep orti ng it to

THE WITNESS ;

Yes .

I think I wac.

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48

MR. CHR I STIANSE N,

hide the misdemeanor charge?

THE WIT NESS,

MR. CHRISTI AN SE N,

Did y ou make an effort to

No,

not at all.

And they were ultimately

dismissed?

THE WITNESS:

Within a wee k of the charge .

academic investigation being conducted on me.

the incidents at the la w schoo l,

10

notified Ms . Eichman of that as well as having an

Any of

I notified the Bar

of.

MR. CHRISTI AN SE N,

11

An d those are -- I've

12

attached eight or nine exhibits to this brief.

13

those part of these exhibits?

'.

THE WITNESS:

That's correct.

Were

And in

1~

addition,

16

It ' s some what of a confusing incident. and I had done

17

so mething wr ong, and I don ' t

18

movie theater people were entirely sure what I had

19

done wr o ng.

20

r had snuck into the movie theater.

21

Bar that,

22

I was pretty forthright with t h is arrest.

think the police or the

And I was fo rthri g h t

a nd told them that

And I told the

too.

MR. CHRISTIANSEN:

I read in y our

23

trans cri pt

24

little bit of concern -- y ou said in here,

25

mistake n identity ," and y o u ' ve e xpla ined that to me.

and I know that I think it raised a

"a case of

ASSOCIATED REPORTERS OF NEVA DA - 702/382-8778

2300 West Sahara Av enue , Suite 770 , Las Vegas, Nevada 89102

49

wo uld y ou e xplain to them what you mean by

You're not sa y ing

Yo u sneak into the movie .

that .

that was a mistake?

THE WITNESS,

No .

Th a t's correct.

into the movie.

step o ut side and talk to them .

choice and ran ou t of the the ater.

think it was mistaken identit y is they c hased after

me for half a mile,

10

to snea king

y o u kn o w,

to

And I made a poor

and that didn' t

Th e reason I

seem commensurate

into a theater .

And,

11

and then they asked me,

I snuck

subsequently,

learned that they

12

thought I was somebody who had apparently committed

13

some sort of serio us infra c ti o n at the theater.

MR . CHRISTIANSEN,
THE WITNESS;

15

Previ ously?

Previ o usly.

I ' m no t

Within the

16

procee ding months.

sure what the i nfr action

17

was.

18

candy or so mething or maybe something more serious,

19

and they took my ph oto at the incident and sho wed it

20

to the v ictims o f what e ver cr im e had been committed

21

by s o mebod y wh o looked l i ke me , and , c l earl y , it

22

wasn ' t me.

I've heard s o met hing to the effect of tak ing

23

They dismiss e d me bec aus e they didn't

"4

proceed further with any investigation.

2S

regard,

So in that

I think it was a case of mista k e n identity.

ASSOCI ATED REPORTERS OF NEVADA - 7 02/382-8778

2300 West Sahara Av e nue, Su ite 770, Las Vega s , Nevad a 89102

50

I don't think they would chase somebody o ver half a

mile o n the Las Vegas S tri p for sneaking into a movie

theater.

MR. CHRISTIA NSEN,

o kay ?

THE WI TNESS,

MR. CHRISTIANSEN,

Nor running?

THE WITNESS:

That's absolutely a poor

11

MR. KELLY:

No.

Wh at kind of la w does this firm

practice?
THE WITNES S:

12

13

Not at all.

judgme nt o n my part.

10

.;.

Your sneaking In is not

Insurance defense litigation,

primarily.

.,

MR.

KELLY:

THE WITNESS:

15

16

and Chuck Spann.

17

Las Vegas .

Tel! me the name again.

Perry and Spann.

Victor Perry

There's an office in Reno and

18

MR. KELLY :

19

THE WIT NE SS:

How big is t h e firm here?

There ' s about five attorneys

20

here, and I think they have more of a presence in

21

Reno.

22

23

MR. KELLY,

What is the prospect for full

employment should you pass the Bar?

Has that bee n

discussed?
25

THE WITNES S :

well.

1 've told the

firm of my

ASSOCIATED REPORTERS OF NEV ADA - 702/382-8778

2300 West Sahara Av enue, Suite 770, Las Ve gas , Nevada 89102

51
1

situation with the Bar.

employed right no w.

An d I think I ' m fully

MR.

CHRISTIANSEN,

MR.

KELLY:

TheY've called me .

I was thinking y ou hadn't taken

the Bar. but he's already passed.

THE WI TNESS,

I'm fairly certain

hope I

get admitted so they can utilize my skills as an

attorney.
MR.

10

KELLY:

What kind of salary are you

making now?

THE WITNESS:

11

You kn o w,

l2

I've only wor ked th ere t wo we eks,

13

first pay day.

MR.

14

15

to night?

and today is the

How about going to a movie

Min o rity Re por t?

THE WITNES S :

16
17

KELLY,

I'm not really sure.

Yeah.

That looks like a good

movie.

18

MR.

KELLY:

Yo u kn o w, my concern is wh en I

19

read this last time

20

must have be e n filling in as the prose cuto r

21

was certainly bu sting your chops pretty heavy, a nd

22

t hat wasn't my intenti o n.

23

I read the transcript.

and I

because I

But there was a question that I asked at the

24

last h ear ing - - something about wh at does this

25

suggest?

Wh at ' s going o n?

ASSOCI ATED REPORTERS OF NEVADA - 702/382-8778

2300 West Sa hara Av enue, Suite 77 0 , Las Vegas, Nevada 89102

52

Now,

Rob Hunter may have ans we r ed it --

adjustment reaction .
My conce rn then and my c ertain today is t h at

3
4

the co p ing skills that you may have f o rmu l at ed with

Dr . Hunter will be used and not just some smoke

screen f or this hearing, y ou kn o w,

Yo u kn ow, ther e 's n o d ou bt that y o u can d o

7
8

whatever it ta ke s .

record,

10
11

today .

Yo ur hi s t o ry, your academic

your a c hievements,

you've excelled at

everything you've done.

But every single one o f us reach es a point

12

wher e we have to look and say, what the heck is going

13

o n a n d t hen t o lea rn from that and ke ep going .

14

can d o that.

15

It seems like you h a v e e veryth in g going.

16

mean,

You

there 's no quest ion in my mind.

jus t want to be sure.

just want yo u to

17

tell me what's the greatest lessen y ou 'v e learned

18

from Rob Hun ter ' s visi on -- and Pete's.

19

going to do differently in the future that y ou didn't

20

do in t h e past?

21

for help."

22

And I h o pe you' re g oi ng to say,

THE WITNESS:

23

wou ld ask for help .

24

through this again.

25

MR.

What ar e you

KELLY:

Sure.

Yes .

Certainly .

"Ask

I ce rtainly d o n ' t want to go

You ' re not afraid to -- you

ASSOCI ATED REPORTERS OF NEVA DA - 702/382 -8778

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2300 West Sahara Av enue , Suite 770,

53

wouldn't be afraid to pick up the phone?

help.

MR. CHRISTIANSEN,

Have you

How about me?

called me?
THE WITNESS,

And I have asked for

You k no w, my parents have helped me a lot.

No.

THE HITNESS:

you

I' v e certainly called

Yes .

asked for yo ur cou nse l.

MR . CHRISTIANSEN,

Dr . Hunter ?

THE WITNESS:

Yes,

have.

And I've really

10

utilized wh at we talk about in our meetings .

11

been a very good i n fluence.

MR . KELLY,

12

Do you have -- who is your best

13

friend in the practice of la w?

14

may not yet.

THE WITNESS:

15

He ' s

Do you have one?

You kno w,

unfortunately ,

You

the

16

way I went through la w school didn't enable me to

17

work at a firm to develop some contacts,

18

have been beneficial.

So I certainly like and respect the peo ple

19

20

in my firm that I work with.

21

a ware of my situation.

22

keeping an eye me,

23
24
25

which wo uld

You kno w,

they're fully

So I think they ' re probably

y ou kno w .

MR. CHAIR MAN,

Who is the supervising

attorney?
THE WIT NESS ;

gues~

it would be

ASSOCIATED REPORTERS OF NEVADA - 702/382 - 8778

2300 West Sahara Avenue, Suite 770, Las Vegas, Nevada 89102

54

Alan Westbrook.
MR.

THE WITNESS,

He called me.

CHRISTIANSE N:

An d I think Vic Perry is

So I thin k , unofficially , they ' re both kind

there .

And I've developed contacts

of keeping an e y e on me .

Some attorne y s that -- Carl LeBare

in Reno n o w.
7

(pho neti c) is someone sort of wh o I can call, you

kno w,

up in Reno .

whose counsel I can request.

10

MR. CHAIRMAN:

11

THE

12

MR . CHAIRMAN:

WIT NESS :

He's an attorney

I kn o w Carl well .
Okay.
You said t h at the firm -- o r

13

member s of the firm are knowledgeable of your current

14

status with the committee and with the Bar?

16

Yes.

THE WITNESS:

15

That's right.

That's

correct.
MR. CHRISTI AN SE N:

17

ca n tell the committee

18

that Mr . Westbroo k called me two weeks ago and asked

19

me what e x actly wha t was going on i n the

20

investigation .

21

him wa s e xactly wha t

22

hasn't bee n sugarcoating anything for him.

He told me what information

Zac k had told him.

23

MR. CH AIRMAN ,

24

MR.

25

BROWN:

gave

So Zack

Do you hav e any questions?

I already asked what I was going

to ask.
AS SOCI ATED REPORTERS OF NEVA DA - 702/382-8778
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2300 West Sahara Avenue,

ss
MR.

CH AIRMAN,

and I

Zack,

counsel,

and I'm n ot trying to scratch the scab off an old

<1

woun .

apologize ,

1'm interrupting

but I want to ask you to

Dr. Hunter told us that you described your

~ontact

I woul d use that term myse l f.

as I

concern for us without regard to wh ether you were

10

on March 1st as appalling.

said then,

I d on 't kno w that

I would certainly say,

that this caused a great deal of

applying for the Bar or not.

11

We , as I mentioned to your dad,

are charged

12

not onl y with the obligation to advise and recommend

13

to the Supreme Cou rt

14

such as the movie th eate r

's

incide nt, but we also hav e to comment on recommending

on moral characteristic issues,

incident or library

whether the person is fit to practice law .

17

If y o u can -- and I kn o w this may be

18

impossible for you to do -- how do you perceive your

19

melt do wn,

20

Ho w do you perceive t hat?

as Dr . Hunter said, on Ma rch 1st today?

THE WITNESS:

21

Well,

I just see it as

22

something that doesn't necessarily reflect my ability

23

to represent clients.

"4

to represent myself in front of this committee.

25

you know,

I think it reflects my ability

But,

there ' s a longstanding saying that the

ASSOC IATED REPORTERS OF NEVADA - 702 /382-8778

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56

la wyer who represents h imself is a fool or something

of that regard.

MR . CHA IRMAN:

an idiot for a la wyer.

THE WI T NESS;

You kno w,

Something like that.

Yeah.

I mea n - -

MR . CHAIRMAN:

T HE WI TNESS,

Has a fool f or a client and

Maybe.
-- that was just a cra z y week.

I went down there , y ou kno w,

10

there,

11

of

12

in flea-bag mote l

13

California Bar,

14

year -- i t was a really brutal test

15

back that night . and then come here in the morning .

16

17

it died,

I drove my ca r down

I had to get it towed in the middle

the night and rent a car and then stay,

MR.

you

know,

for three days and take the

wh ich had a 33 percent pa ss rate that

and then drive

Did you come back

CHRISTIA NSEN:

physically the night before you came ba c k her e?

18

THE WIT NE SS :

19

MR . KELLY:

Yeah.
Was it the night before?

20

thought you drove up that day.

21

THE WITNESS:

No.

I drove ba ck that night

22

and got in arou nd midnight and came in the next day.

23

So I know it looks li k e --

24

meeting cause d y ou co n cern in terms of if

25

able to represent clients e ff ectively .

I kno w my reaction in that

I would be

And I don'c

ASSOCI ATED REP OR TERS OF NEVADA - 702/382-8778

2300 West Sa hara Av enue, Suite 770, Las Vegas , Nevada 89102

57

have an y d o ubt that I will be able co.

MS.

STOR Y:

THE WITNESS ,

MS . STORY,

THE WITNESS ,

Did it cause y ou concern,

Certainly.

Cer tainly.

Zack?
it did.

Wou ld you d o it differently?

Yes , I

wou ld.

wasn't

chinking really c learly.

I was very he sitant -- I

didn't have any money,

have enough to pay the 5500 fe e for the hearing.

didn't realize I might be able to get a continuance

10

of the hearing or del ay it until sometime after che

11

California Bar until

12

something of that sor t.

for one thing .

I didn't even
I

was able to get an att or ney or

13

So.

14

differently.

15

lot easier by getting you a prehearing brief wi th all

16

t he apologies and th ings o f that sort.

17

yeah.

18

certainly,
I

mean,

MR . CHAIRMAN '

I would have done it

I co uld hav e made your job a

And.

so,

My a s s es sme nt of y ou on

19

March 1st -- the ap ologies hadn't occurred yet,

20

I d o n't think yo u would have d o n e that on Ma rch 1st.

21
22
23

THE WITNESS:

Zack.

The apologies hadn ' t occurred

to me in the sense that I -MR. CH AIR I1AN:

For wha tever reason .

And you

24

des cribe d it and y our dad has describ e d it and yo ur

25

cou ns el has described it and everybody has said you

ASSOC IATED REPORTERS OF NEVA DA - 702/382-8778
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58

were pretty oc cupied with a l ot of stre ss factors,

and I don 't kno w that y o u would have been able to d o

that or that it wo uld have occurred to y ou to d o that

on March 1st.
As I said then and I ' m sa ying now, we are

co ncern e d with what woul d your reacti o n - - o r how

woul d you feel i f we were to d ecide that we wanted

y ou to continue with the counseling and receive the

help that you've obviousl y already gotten to impress

10

a guy li ke Dr . Hun ter and make that something that

11

we'd wan t you to do fo r a while longer jus t

12

sure th at instead of a broken do wn car,

13

federal judge asking y ou about g et ting a motion filed

14

in a shortened time ; and instead of the Californi a

15

Bar, y o u got the Supreme Cou rt; and instead of t he

16

$500 due, you got t o get some type of investiga tion

17

completed so that you ca n get a n affidavit filed in a

18

case where you ' re in the fourth or fifth day of

19

trial.

to be

y ou got a

20

21

one of us .

22

you practice law .

23

days when I 've l ooked back o n some of the setbacks in

24

my life and said ,

25

mea n,

And

this stuff happens t o each and e v ery

This happens every day of every week that

An d I guarantee you , there are

"Man, that was an easy tim e . "

want

you

to understand ,

we

hdvt:

ASSOCIATED REPORTERS OF NEVA DA - 702/382-8778

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59

concern about that. we are required to investigate

that, and we're required to recommend ab out that.

Accordingly,

I'd like your reaction t o us

I'm kind o f making a deal, perhaps,

if the res t o f

the committee were to go along with this -- that y ou

would continue with this co un seling and pro vid e some

reports from Dr. Hunter or whomever you choose that's

q~alified

you continue with the progress that y ou 'v e started in

to provide the counseling to ensure that

10

the three and a half months that you've started.

11

What's your reaction to that?

12

THE WITNESS:

13
4

I'd say , y o u know,

Well,

I'm amenab le t o that.

I think that ' s fine.

any problem with that.

I don't hav e

I f ir mly believ e I'm fit t o

I think so me of my

J5

prac tice law as I am right no w .

16

emotional reaction today has more to do with,

17

kn o w,

18

lot of things about, you kno w, high school basketball

19

o r whatever is just a trip do wn memory lane a bit .

yo u

it ' s just going through a lot of -- hearing a

20

And I think an un co nditi onal admittan c e

21

would be preferred, but I don ' t have any problem with

22

the co nditi onal admittance because I kn o w I'll

23

com ply.

~4

able to afford Dr. Hunter.

25

Certainl y,

I ' ve enjoyed Dr . Hun ter .

MR. CH AIRMAN:

I'll be

Let me assure y ou something.

ASSO CIATED REPORTERS OF NEVADA - 702/382-8778

2300 West Sahara Avenue, Suite 770, Las Vegas, Nevada 89102

60

Wh atever happens is somet h ing that wou ld happe n

bet ween us and the committee .

sticker that is put at the lower right-hand corner of

your license,

any such agreeme nt if one is reached.

There is no red

and no one is certa inly made a war e of

Your license. assuming they print it the

same way they did a long time ag o , would be the same

as mine.

assuming that that ' s where we ' re going with this.

This wo uld be a confide ntial thing.

MR.

10

Let me just add somet hing.

KELLY,

- - particularly.

11

feel as if,

when a

since I practice

12

i n Vegas --

that somehow after a hearing like this.

13

when an appl icant sees me,

]4

can assure you tha

]5

in this room,

16

outside this room and say something to you about

17

these hearings.

they run away fr om me.

what happens in this r o om stays

that I would never ever meet you

That ' s never going to happen.

So what the c hair is saying,

18

I echo it

19

because I might run into you do wn here in Vegas.

20

fear not.

21
22
23
24
25

THE WITNE SS :
would happen at all,
MR.

So

I really didn't think that

you kno w .

CHAIRMAN:

interrupted y ou .

I'm

sorry, Cou n sel.

MR.

CHRISTIANSEN,

That's all right.

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778

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61

I probably distracted you

MR. CHAIRMAN:

from where you we re going.

anything further.
MR.

long .

back.

KELLY,

But you're wel come to ask

He can ' t hold a thought very

So it may take him a wh ile to get his thought

MR.

CHRISTIANSEN,

This is all true.

have

found doing these at the times I ' ve been before the

committee is that it is best and in the client's

10

interest to let yo u folks ask the questions.

When I read the transc ript,

11

12

Kevin did

13

because he sa w that you needed to stop and get a

14

lawyer so he just beat you up until it happened.

15

I commend him for d oing that.

~t

on purpose.

I told Za ck that

Kevin was just mean to y ou

And

And I think you had a young man before you

16

17

that was emotional ly distraught.

18

as tight as a drum.

19

he's made mar k ed improvement since then.

20

He was just wound

And I think he's made

I know

I' v e seen him -- origi nal ly , he came to me

21

on a pro bono basis.

22

because somebod y on this committee thought I could

23

help him.

24

initial point,

2S

to me and more from talking to Dr . Hunter.

I was just going to do it

And however crazy that thought is on its

I think he has benefited from talking

ASSOCIATED REPOR TER S OF NEVADA - 702/382-8778

2300 West Sahara Avenue, Suite 770, Las Vegas, Nevada 89102

62

He is somebody that on day one I could make

cry with a sente nce.

And I prepped h im for this

thing yesterday, and he ' S a different kid,

man, different lawyer.

I think -- not that wha t

different

I think carries

he will , if ordered to continue o n

much weight -- bu t

with Dr. Hunter, do that.

here,

uncond it ional admission to practice la w .

I have cited t he la w

~n

and legally I believe he's entitled to an

He's not

10

going to fight a conditional admission.

11

candidly,

12

see a do wnside, so I'm not going to stomp my feet and

13

say don't do

14

MR.

KELLY:

15

MR.

CHRISTIAN SE N:

if y ou tell him

Hunter,

don't

it.

I told you he wo uld

16

more of your time either.

17

wind ed.

18

agreement pending the end

ake the

I ' m not going to take any

I ' ll try not to be long

If that is something that is a tentative

MR. CHAIR MAN:

19

to see Dr.

And .

I need to clarify mys elf ,

20

Counsel.

21

have no t discussed with my fellow members at all

22

about the disp osit ion of this matter.

23

Those are my thoughts o n the matter.

I think we all agree as to wh at happened on

24

March 1, but we need to deliberate a little bit

25

further about this .

ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
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63

MR.

CHRISTI ANSEN,

I'm happy to -- if any

member of this committee ha s areas o f concern that

your vote is g oi ng to b e t o not let the young man

practice law,

able to address them.

the n I ' d like to h e ar the issues and be

A co nditi o n al admission,

he 11 live with and

I

But if so meb ody

pro bably, can didly,

sitting is h e re v oting thumbs do wn.

why -- o r maybe n ot voting -- but inclined -- and I'd

10

benefit from.

I'd like t o hear

like to address it.

I tried to addres s the a re as that I saw i n

11

12

the transc ript

13

tried to address them with the witness here tod ay.

MR.

14

in my brief.

KELLY,

and 1,

you

kno w ,

That ' s a go o d p i t ch.

15

make that t o the Supreme Court -- y ou kn o w ,

]6

here I'd like t o be able to persuade y o u.

f'.m. CHA I RMAN :

17

18

Apr11,

Remember ,

MR.

KELLY;

20

MR.

CHRISTIANSE N;

21

MR.

CHAIRMAN,

anybody

I tri ed that in

I thi nk y ou ' re covered.

Thank y o u.

Do you have any o ther

d oc umen ts that y ou wis h to have admitted?

23

MS . STORY ,

24

MR.

25

Can you

and y o u kno w wh at they told me .

19

22

have

We need the tra nscr i pt.

CHRIST IANSEN,

I promise.

He ' s g o ing to

get a ce rtified copy as qui c k as the s c h oo l c an turn

ASSOC IATED REPORTERS OF NEVA DA - 702 / 382-8 778

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64

it around.

MR. KELLY:

Let him get his paycheck.

MS.

Yeah.

MR. CHRISTIANSEN:

I think he' s

go~ng

on

Monda y.
Let's make a p oi nt of having

MR. CHAIRMAN,

I think they charge for

that.

STORY,

it a we ek

from today.
MR. CHRISTIANSEN:

At this point,

MR. CHAIRMAN:

10

Yes.

11

will be close d,

12

in wr iting pretty quickly.

the record

and my recommendations will come out

13
14

( Exhibits 4 ,

5.

and 6 were marked for

15

identification and are at tached hereto.)

16

17

(The State Bar Hear ing concluded at

18

10:43 a .m. l

19

---000---

20

21
22
23

24
25

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Suite

770,

Las Vegas.

Nevada

89102

65

1
2

REPORTHR ' S CERTIFICATE

STATE OF NEVADA
55 .

COU NTY OF CL ARK

I , Linda Horto n Sprague,

a du l y

commissione d No tary Public, Cl ark County, State of

Nevada ,

do hereby ce rtify:

That I re p orted the State Bar Hea ring

commenci ng on F riday, June 21,

2002 , at 9 :11 a .m.;

That I t hereafte r transcribed my said

10

shortha nd n ot es into typewriting,

11

typewritten t ran scrip t of sa id State Bar Hearin g is a

12

complete,

13

shorthand n ote s.

14

true,

and that t he

a nd accurate transcripti o n of said

1 further ce rtify that

am not a

15

relative or employee of an atto rn ey or cou nsel of any

16

of th e parties,

17

attorne y or co unsel invo lved in said a ctio n,

18

person fi nan ci ally interested in the action.

19

no r a relative or employee of a ny

I N WITNESS WHEREOF,

I hav e hereunto set

20

my hand in my off i ce in the Cou nty or Clar k,

21

Nevada,

t hi s 16th day of Jul y,

nor a

State of

2002.

22
23
24

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Linda Ho rt o n "Sprague, CC R No.

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25

ASSOCI ATED REP ORTERS OF NEVADA - 702/382-8778

2300 West Sa hara Av e nue, Suite 770, Las Vegas, Nev ada 89102

......lbon of State Bar Hearing

Re: Zachary B_ Coughlin

WORDINDE)t

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Page I

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,,,cd ReporterS of Nevada

Depoeltion of Stale Bar H

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Page 2

ASStKlatcd Rcponcrs of Nevada

.u

"

Rc: Znchary 8. Coughlin

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Page 3

..

\I

Stale Bar Hearing

Rc: Zachary B. Coughlin

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Rc: Zachary B. Coughlin

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Bar Hearing

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-'-CiMHt R.eponcu of Nevada

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of Stale Bar Hearing

Rc: ZaCh'H)' B. Coughlin

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Re: Zachary B. Coughlin

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Page 8

Re: Zachary B. CoughJin

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..........~.Jt~....., ...r~.JI

Bar Hearing

Reo Zachary B. C'oughlil

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_IS

l'llfllbot. t!or Hearing

Re: Zachary B.

42:24 44:4,8,23 47
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Page 12

of Nevada

Bar Hearing

Re: Zachary B. Coughlin

~~~...~~,~

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Page 13

........fNevada

THE STATE BAR

OF CALIFORNIA

OFFICE OF THE CH IEF TRIAL COUNSEL

ENFORCEMENT

180 HOWARD STRE~

"", SAN FRANCISCO, CALIFORNIA 94105-1639

TELEPHONE: (415) 53821)00

TOO: (415) 538-2231

FAX (415) 538-2220

March 27, 2007

PERSONAL AND CONFIDENTIAL

Patrice Eichman
Director of Admissions
State Bar of Nevada
600 E. Charleston
Las Vegas, NY 89104
RE:

Zachary B. Coughlin
06-M-13755

Dear Ms. Eicrunan:

Enclosed are the documents the State Bar of Nevada sent us regarding Mr. Coughlin. As we arc
prepanng for trial in this matter, I am asking thaI an affidavit indicating that these documents are from
the State Bar of Nevada's files and records regarding Mr. Cough lin. Our exhibits must be filed April
6th.
Would you please send back the records and the affidavit to me or Susan Kagan at the address listed
above via overnight maiL We wi ll be glad to pay for any costs associated with this request.

Thank you very much for your cooperation in thi s matter.

Sincerely,

vL1)\~ ~M~J-

Lynne Thingvold
Legal Assistant to
Susan Kagan
Deputy Trial Counsel
lit

enC.

---....

~EMO

To:

Susan Kagan
From:
Patrice Eichman, Director of Admissions
Re:
Zachary Coughli n

EnclOS~d. please find copies of Mr. Coughlin's Nevada bar application and supplements,
tranSCflpts from our Character and Fitness hearings conducted on March 1.2002 and June
21, :::002, Me Coughlin's pre-hearing brief filed for the June 2002 hearing and all
Character and Fitness hearing summaries, consent agreements and COUfl orders pertaining
to Mr. Coughlin's case.
As a brief summary, Mr. Coughlin first came before OUf Character and Fitness
Committee for a formal hearing on March 1,2002. The hearing was continued due to the
Commiuee's concern for Mr. Coughlin's mental stale of mind during the hearing. The
hearing was reconvened on June 21, 2002 and (he Commiuce recommended 10 the
Nevada Supreme Court that Mr. Coughlin be conditionaJly admitted to the State Bar of
Nevada. The Caliri rejected the Committee's recommendations and ordered Coughlin's
admission be deferred until October 1, 1003 and that during the deferral period, Coughlin
was ordered to abide by the terms of the first consent agreement.
Coughlin successfully completed (he deferment period and the Committee recommended
that he be admitted conditionally and under a new consent agreement. (one that lOok into
account his 2003 DUI). The COLIrl agreed with the Committee's recommendations and
ordered Coughlin condi tionally admitted to practice la\v in Nevada effective March 25,
2005. (Coughlin was placed on conditional admission for a period of three years.)
Coughlin's conditional admission will terminate March 25, 2008 and he has not had any
problems while on probation. Our discipl ine department reports no record of any
disciplinary complaints or problems.
If you have any additional questions orconccms, please feel free

10

conlaCI me.

10 0 3

II

THE STATE BAR OF NEVADA

2

BEFORE THE COMMITTEE ON MORAL CHARACTER AND FITNESS

IN THE MA TIER OF ZACHARY B. COUGHLIN

NOTICE OF FORMAL HEARING

YOU ARE HEREBY NOTIFIED in accordance with the provisions ofSeR 59 that the
8

9
10

hearing in the above referenced matter will be conducted by the Committee on Moral Characler and
Fitness on Friday, June 21, 2002, at 9:00 a.m., at the Offices of the State Bar of Nevada, 600 East
Charleston Boulevard, Las Vegas, Nevada 89104.

II

SCOPE OF HEARING: Including, but not limited to, your criminal charge, law school

12

incident and/or any other matter concerning your character and fitness qualifications for admission to

13

practice pursuant to SCR 51(4).

14

PROCEDURE: Since the burden is on you to establish that you are fit to practice law in

15

this state, you are entitled to have counsel of your choosing present at the hearing; you may make an

16

opening statement; and you may offer such witnesses and present such other evidence as you desire.

17

You, and any other witnesses you call, will be subject to examination by members of the Committee.

18

PREHEARlNG BRIEF: The Committee on Moral Character and Fitness suggests [hat if

19

you have any documents to be submitted, including a pre-hearing brief, that you send them to the

20

Director of Admissions (one original and four copies) at least five (5) days prior to the hearing.

21

ESTIMATION OF COSTS: Pursuant to SCR 54(6), the Corrunittee on Moral Character

22

and Fitness has determined that the estimate of costs to conduct your hearing will be $500.00, which

23

includes travel, lodging, and per diem for the members of the Committee. court reporting services, and

24

reproduction of materials for Committee members. The estimate of costs may be amended pursuant to
SCR 54(6) and any amounts paid by the Petitioner and not utilized by the Committee will be refunded.

SUMMARY OF HEARING
BEFORE THE COMMlTTEE ON MORAL CHARACTER AND FITNESS

f'\ THE MA TIER OF THE ADMISSION OF

,
1\ ZACHARY B. COUGHLIN TO PRACTICE

LAW IN THE STATE OF NEVADA

II

)
)
)
)
)
)

SUMMARY OF HEARING
AND RECOMMENDATIONS
OF THE COMMITTEE

The heanng on the moral character and fitness of applicant ZACHARY B. COUGHLIN
'J

10

\I ("COUGHLIN") in the above-captioned matter came before the Committee on Moral Character and
IF tness ("Committee") of the Board of Bar Examiners of the State Bar of Nevada on March 1, 2002
\ and June 21,2002. COUGHLfN, having been duly noticed, appeared pro se for the first hearing and
appeared with counsel, Peter Christiansen, Esq., fo r the second hearing. COUGHUN waived any

\1 deficiency in the notices and indicated he was prepared to go forward at each hearing.
~1

(See Exhibits

and #4).

The duly Impaneled hearing panel orthe Committee was composed of Michael S. Rowe. Esq.,

\\

16 , Ch~llr and Conuninee members, Kevin Kelly, Esq., Lori Story, Esq.> and Gregory Brown, M.D. Also
.

prese~t

was Patlice J. Eichman, Esq., Director of Admissions and stat A. Cate, Admissions

, In...csug:;tor.
19

During the March 1, 2002 hearing, the Committee determined, after consultation with their
~xpcrt. Dr. Brown, that COUGHLIN was not in an appropriate state of mind to continue wilh the

21

proceedings. COUGHLIN agreed to the continuance and the Committee provided him with the names

22

of attorneys who would counsel and represent him on a pro bono basis.

23

The Committee reconvened on June 21, 2002, and after having heard the testimony and
reviewed the evidence from both hearings, the Committee determined that COUGHLIN has mel Ius

".rdt", as imposed by SCR 5l(4) by clear and convincing evidence in that he has demonstrated that he

.......

~~~--~c::~

is of good moral cl
t
d'
..
larac er an IS willing and able to abide by the high ethical standards required of
auomeys in the state erN
I

to the State Bar of Nevada'

"d

'

..

,provi ed, however. said adrrusslOn shall be conditioned on and subject to

the tenns and conditio

-+

d Th
eva a.
crefore, the Committee recommends that COUGHLIN be admiued

ns

f d . .
.
a miSSion as set forth In the Recommendation and Consent Agreement

,(Agreement") attached as Exhibit "At> in accordance with SCR 49.7.

o '

The Committee offers the following Summary in support of its Recommendation.

,\

SUMMARY OF FACTS

1-)

COUGHLIN is a 26 year-old, single male who graduated from the William S. Boyd Schoo! of
,Law m December 0[2001.

,1

2.

COUGHLIN is employed as a law clerk with the Las Vegas law fiml of Perry and Spann.

12

3.

COUGHLIN filed his 200 1 application for admission to the State Bar of Nevada on February 2,

200t and was successful on IheJuly2001 examination .

. i -+

4.

Of concern to the Committee are COUGHLIN's criminal charges, the incidents at the law

I:'>

school, the employment tellnLnation and his mental stability.

16

5.

1-

officer, and obstructing a police officer. With respect to the charges, COUGHLIN testified that he

I~.

entered a movie theater without purchasing a ticket and had been in the theater for approximately one

19

hour when theater personnel approached him and asked him to step outside. COUGHLIN testified that

.:!o

mstead of following the personnel out of the theater, he ran. The theater personnel chased him OUI of

2t

the theater and pursued him down the sidewalk. At some point, the Las Vegas Police became involved

22

in tht: chase. COUGHLfN testified that the police tackled and handcuffed him and took him to the

23

Clark County Detention Center, where he spent the night in jail.

24

6.

In October of 200 I, COUGHLIN was arrested for evading a police officer, resisting a police

COUGHLIN testified that while he understood that going into tbe movie theater without

1I1'1lI'cb'~m,g a ticket was dishonest and wrong, he was surprised that the theater personnel and the police

n: s

chased him for such a long distance and then took him to jail. COUGHLIN stated that he was later
'I

ad\"Jsed that the theater personnel suspected him of further criminal activity, including stealing candy

I,i from the concession COunter.

COUGHLIN stated that it was his understanding that, after his arrest, the

pj Ibee realized that it had been a case of mistaken identity with regard to the other criminal activity.

Although COUGHLIN was arrested on three charges, the complaint issued against him

\-

Contamed only one count of resisting arrest.

COUGHLIN testified that he contacted the Assistant

Distncl Anomey in charge of his case and it was agreed that the charge would be dismissed on January

17,2002. provided that COUGHLIN did not incur any further criminal problems.

II'

COUGHLfN complied with the above condition and the charge was dismissed.

II'

-,

The second area of concem for the Committee was COUGHLIN's tennination from his

employment with the Boyd School of Law Library. COUGHLIN testified that he was emp loyed at {he
Ibrary from October 1999 through May of 2000 working approximately twelve hours a week and
earrung 57.00 an hour.
10.

;4
"

16

COUGHLIN stated that in May of 2000, his 1990 Ford Taurus broke down and he needed

money to pick his girlfiiend up from the airport. COUGHLIN took $10.00 from the library change

1\ drawer and left a signed IOU in the drawer.

COUGHLIN stated that he replaced the $10.00 the next

1-

day.

jK

11

19

performed his duties appropriately. including misplacement of address labels on envelopes and sloppy

20

photocopying.

21

I Z.

22

Law. In sununer of2001, COUGHLIN was enrolled in two classes, including Cyber Law, whieh was

23

taught by Las Vegas attorney Mark Tratos. A final paper was one requ irement of the class and Mr.

24

Tratos requlfcd that the students tum in both a hard copy of their fin al paper and a copy on disk.

COUGHLIN testified that he was fired because of this indiscret ion and also because he had not

The next area of concern to the Committee involves several incidents at the Boyd School of

(1 ';)

COUGHLIN testified that on July 15,2001, he turned in a hard copy ofhis paper but that he

failed to turn in a disk.

14.

On September 7, 200 1, COUGHLIN was informed that Mr. Tratos did not have a copy of his

paper. COUGHLIN stated that while he was aware that he did not tum in a disk he did tum in a hard

'I

I'

copy of the paper.

.::, ;1

II
Ii

15.

COUGHLIN submitted the affidavit of Amy Jones, wherein she states that she witnessed

, \. COUGHLIN handing in a hard copy of his Cyber Law paper.

-.
9

16.

COUGHLIN testified that he was unable to locate the final draft of his paper on his computer

or on any of his disks. While there were several e-mai l conversaiions between COUGHLIN and Mr.

\ Tratos concerning hiring someone to try and retrieve the paper from his hard drive, this particular

option became cost prohibitive.

12

'1

The Committee finds that the real issue concerning this incident is the unprofessional way in

which COUGHLIN handled the situation, including sending Mr. Tratos offensive and sarcastic e..~

mails.

,,,

tone of the

16 i 118.
! I finding

The Conuninee encourages the Court to read the e-maiIs in their entirety in order to grasp the
e~mails

and the seriousness of the si tuation .

~See

Exhibits #2 and #3).

COUGHLIN testified that the law school initiated an official investigation that resulted in a
that COUGHLIN did not conunit any Conn of academic dishonesty.
COUGHLll'J testified that he was able to locate a rough draft of his paper and Mr. Tratos gave

i8

I~.

Iq

him a passing grade in the class.

:!o

20.

21

preheanng brief. (See Jlearing Exhibit #6). The rough draft contains some colorful if not bizarre

22

such as, "Now, I am too lazy to actually look up the case and see if it actually says this,

A copy of the rough draft was submitted to the Committee as Exhibit F to COUGHLIN's

23

and says it

24

Vegas and don't have some Ivy League kid to be my fetch-boy and ail, so ... )" and further in the

In

the way that Stevens is setting it up (but mind you I am living at the poverty line in Las

1I.II'Ii,ele, "Apparently Justice Stevens is only in favor of paying the court jester just enough to get by

'J 067

and, maybe, just maybe, send his kid to some piece of shit public school or something like that. Yeah,
thal would be nice for the plebes."
3

21

"''hen questioned about this paper, COUGHLIN explained that it was a rough draft and not

sometiung, under normal circumstances, Ihat he would have turned into the school.

I'

COUGHLIN

, \ stated that the comments and editorials were for hi s own amusement and not intended for others to
6

read. COUGHLIN further stated that there were also spelling and cite errors but he did not attempt 10
alter the draft because he was afraid that it might be an honor code violation to do so, cons idering the
CircUmStances.

\22.

Aside from the official investigation regarding the Cyber law paper and Mark Tratos, the law

\ school also initiated a second investigation regarding the issue of COUGHLIN moving a school
tt

computer into the library fOJ his personal use. COUGHLIN reported that the investigation resulted in a

:1 \ finding that he must pay $100 to the Board of Regents to cover the staff time expended to ensure that
1.1

,4

the computer monitor, keyboard and mouse were correctly reinstalled.

123.

F.')llowing the first character and fitness hearing and prior to the June 21, 2002 hearing,

I:;

COUGHLIN" sought professional counseling fTom Robert E. Hunter, Ph.D.

16

telephonically at the June 21, 2002 hearing and stated !.hat he began counseling COUGHLil'1 on April

:"7

2,2002 and conducted approximately eight sessions with him. Dr. Hunter concluded that COUGHLIN

! Il.

was suffering [rom adjustment reaction.

l'l

14.

Dr. Hunter testified

Dr. Hunter submitted an evaluation, which is Exhibit B to COUGHLIN's prehearing brief. (See

20 'Hearing Exhibit # 6).

21
22

25.

Dr. Hunter stated the following in his evaluation:

Adjustment Reaction is a benign psychological diagnosis.

It implies a

"normal" person undergoing substantial situation stress. Mr. Coughlin is by

24

hil;tOry a very high functioning and high performing young man.

He was

always at or near the head of his class, was a recognized athlete and was

11 6b

always popular and successful. His recent situation with the Nevada Bar is
unique in his experience and has been extremely stressful for Mr. Coughlin as
J

it represents the .t;irst time he has been in the role of a troubled or potentially

unfit person. His extreme emotional reaction at the initial bar hearing is
5

indicative of this, as his resultant sleep and appetite disrurbance and

6

generalized anxiety. He is making progress with his symptoms and his current
level of functioning is excellent.

26.

Allhe hearing before this Committee, Dr. Hunter testified that an episode of adjustment

reaction could last from a period of days to many months. Dr. Hunter testified that COUGHLfN had
been under many forms of stress, including taking the July 2001 Nevada bar examination, graduating
early from law school in December of2001, taking the February 2002 California bar examination the
I:!

day before the initial Nevada Character and Fitness hearing, financial stresses, car problems, a recent

I '

breakup of a
" '27

two~year

relationship and his parents' separation.

Dr. Hunter testified that he believes that COUGHLIN benefited from their sessions and that he

;:=;

strongly believes that COUGHLIN is fit to practice law.

if'

18.

COUGHLIN also caUed his father, Timothy Coughlin, as a witness. Dr. Coughlin is a family

I
Ii behaViOr and agreed with Dr. Hunter that his son's poor judgment and strange behavior was brought on

1- i practioner in Reno, Nevada. Dr. Coughlin testified that he was very concerned with his son's recent
IX

19

by stress and altempting to accomplish too many things at once. Dr. Coughlin testified that he was

20

shocked by the

21

29.

22

experienced a "melt down" at the first character and fitness hearing. COUGHLIN attributed tlus to the

stress he was experiencing and his failure to seek help or to even recognize rhe problem. COUGHLIN

e~mai ls

to Mark Tratos and that this was not his son's nonnal behavior.

At the June 21, 2002, hearing before this Committee, COUGHLIN admitted that he basically

U.ItaIMthat he did send Mr. Tratos an apology and he is very embarrassed by his behavior and the way

"'1

be conducted himself. (See Exhibit #6, Section 0).

06

FINDINGS AND CONCLUSIONS

At the first hearing before this Committee, the Panel was very concerned with COUGHLIN's
criminal charges and the incidents at the Boyd School of Law.

As the March I, 2002, hearing

progressed; the Committee became increasingly more concerned about COUGHLIN's state of mind
5

and his mental stability than the original issues. The Committee witnessed what could be characterized

as an emotional breakdown, and after consultation with Dr. Brown, unanimously agreed that lhe

" hcanng needed to be continued.

I'

IJ

Committee wnnessed a more composed person, in appearance and in the way that he conducted

10
~

When COUGHLIN appeared for his second hearing, approximately 4 months later, the

himself

The Committee found COUGHLIN's responses and reactions to be appropriate to the

1 , I;.lluation.

:2

3.

:.'

his (illOmey but also by consulting with his rather and seeking professional counseling with Dr. Hunter.

t:::'-f

-t

The Commitlce finds that COUGHLIN was willing to seek help and advice, not only through

The Committee finds Dr. Hunter's evaluation and testimony to be reliable and relies heavily on

is

hiS findings. and Dr. Brown's concurrence in them, when making this recommendation to the Court.

16

The Committee finds that COUGHLIN was apparently under an enormous amount of stress during the

1'-

time frame of the law school incidents and the criminal charges. The Committee accepts Dr. Hunter 's

Ih

evaluation and opmion that the pressure and stress of studying and taking the Nevada Bar Examination

19

in July before graduation; graduating a semester early from law school; studying and taking the

20

California Bar Exammation in February the day before his first hearing before this Committee; the

21

expenencing of difficulties COUGHLIN encountered on his way to the California Bar Examination

22

his car break down and towed); all played a major role in his behavior before this Committee at
first hearing. The Committee also accepts Dr. Hunter's opinion that some of these same pressures

wa:e causiRg COUGHUN to act and react inappropriately during the referenced law school
.'I,IIIIIIIII8I1hese same pressures may have pJayed a role in his criminal arrest.

incidents ,

The Committee finds that Dr. Hunter's counseling has given COUGHLIN valuable insight into
his past behavior and has assisted him in recognizing warning signs of possible future stress related

problems. The Committee finds that Dr. Hunter and COUGHLIN have discussed coping mechanisms;

such as exercise and asking for help when it is needed.

The Committee finds that continual counseling with Dr. Hunter or another Ph.D. psychologist

6.
6

would only benefit COUGHLIN, and it would assure the Committee that he has an ongoing support

system. \Vhile the Committee accepts Dr. Hunter's conclusion that this was a severe reaction to

situallonal stress, the Committee is also concerned with how COUGHLIN will be able to handle the

stress that accompanies the practice of law. The Committee finds that a period of conditional admission

10

and continual counseling will allow COUGHLIN to demonstrate that he is mentally and emot ionally

11

stable and capable of handling the pressures of practicing law.

12

As to the original incidents and issues that brought this applicant before the Committee, the

COlmmnee finds that the criminal charges were dismissed and the Boyd School of Law did not impose
either academic or disciplinary sanctions. It should be noted that at the time of the first hearing the

1:'

Comminee had notified COUGHLIN that it intended to call Dean Richard Morgan as a witness. Dean

16

Morgan did appear at the first hearing, but due to the postponement of the hearing, did not testify.

1i

However, the Chainnan, in discussing with Dean Morgan his testimony to be presented to the

)8

Committee, believes that Boyd School of Law and its Dean will concur in the recommendations made

19

herem. \Vhile neither of these ancillary determinations (dismissal of the criminal charges and tbe law
school's decision not to impose sanctions) compels the Corrunittee's decision, the Conunittee does give

a certain amount of deference (0 the decisions of other agencies. This deference, along with Dr.
Hunter's [mdings that these problems, or at least the severity of these problems, were caused in great

by COUGHLIN's inability to recognize and deal with his increasing levels of stress, are the

"";1'1., reasc.usfor the Committee recommending a conditional admission.

The CommIttee finds COUGHLIN to be candid in discussing his problems and finds him 10 be

embarrassed and remorseful for the mistakes that he has made in the past. The Corrunittee finds that a
)

two-year conditional admission will allow COUGHLIN to demonstrate that he is able to handle the
4

Ipressures of practicing law and that he is able to conduct himself in a professional manner.

The

Committee believes that if similar problems resurface, they will do so during the two-year probationary

penod; alternatively, if COUGHLIN satisfies his conditional admission, the Committee's concerns will
be ehminated.

,
)

RECOMMENDATIONS
ACCORDfNGLY, tbe Conunittee, having heard the testimony and reviewed the evidence [rom

11

bOlh heanngs, determined that COUGHLIN has met his burden as imposed by SCR 51 (4) by clear and
convincing evidence in that he has demonstrated that he

IS

of good moral character and is willing and

able to abide by the high ethical standards required of attorneys and counselors of law in the state of
14
1<;

Nevada sufficient to warrant a conditional admission.

THEREFORE, the Committee recommends that COUGHLIN be admitted to the State Bar of

ilJ

Nevada, provided that his admission be conditioned upon the terms of the Agreement, attached as

1-

Exhibit "An and filed in accordance with SCR 49.7.

18

,Q

Dated 'his

day of September, 2002

20

Michael S. Rowe, Chair

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

2t

CERTIFICATE OF MAILING

3
4
5

The foregoing SUMMARY OF HEARING AND RECOMMENDATIONS OF THE

COMMITTEE was served on:

6
Zachary B. Coughlin
Peter Christiansen, Esq.

Christiansen Law Offices

520 South Fourth Street
Las Vegas, Nevada 89101

Ily mailing a copy thereof, first-class mail, postage prepaid all the 20Ul day of September, 2002.

LJn rea A.

eauc lamp, a e

of [he State Bar of Nevada

16

18
19

20
21

22

oyee

IN THE SUPREME COURT OF NEVADA

3
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

10

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

II

COAgreement") to the Court relating to the application o[ZACHARY B. COUGHLIN ("COUGHLIN")

12

for admission to the Nevada State Bar.

13

RECOMMENDATION

14
15

It is the recommendation of the Committee on Moral Character and Fitness that COUGHLrN be

16

admitted to the Nevada Bar; provided, however, said admission shall be conditioned on and subject to

17

fie temlS and conditions of probation as set forth 10 this Agreement. The probationary period shall be

18

monitored by and through the office of Bar Counsel of the State Bar of Nevada, and any alleged

19

Violation of this Agreement and/or the terms and conditions of Probation shall be brought before the

~(J

Committee on Moral Character and Fitness Hearing Panel. ("Hearing Panel")

21

CONSENT AGREEMENT

22

COUGHLIN hereby agrees and consents to his conditional admission to practice law in the State

Z3

1.

24

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

25

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

26

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

27

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

28

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

Upon successful completion of the

0 74

"" EXHIBIT
,

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;

10

(c)

II

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;

t:!

(d)

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

13

Bar of Nevada.

14

15

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

16

probationary period.

17

4.

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

S.

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
b

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

IIJ

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

11

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

13

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

14

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

15

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

16

as It deems appropriate.

17

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

18

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

19

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.

21

6.

")")

his compliance with the tenns and conditions of probation.

23

7.

24

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

25
26
ACKNOWLEDGMENT
L, Zachary B. Coughlin, have read this Consent Agreement and fully understand its contents.

J076

have sought the advice of an attorney or have freely waived the necessity of seeking such counsel
2

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.

;..

Executed on this

..

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

I;

\.

6
7

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

9
10

Respectfully submitted,

It

COMMJTTEE ON MORAL
CHARACTER Mil) FITNESS

t2

t3

14
15

16

Michael S. Rowe, Chair

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

t7

18
19
20

21

22
23
24

25
26

27
28

U077

"ilrr

-.

",1/1 Of

IN THE SUPREME COURT OF THE STATE OF NEVADA

IN RE APPLICANTS FOR ADMISSION
TO THE STATE BAR OF NEVADA BY
EXAMINATION HELD IN RENO ,
NEVADA, AND LAS VEGAS, NEVADA,
ON JULY 24, 25, AND 26, 2001.

DEC 182002

1~
.,

"

IN RE ADMISSION OF ZACHARY B.
COUGHLIN.

"'""
,

~!'I'Orv ti.1Rr

ORDER DEFERRING ADMISSION

TO THE STATE BAR OF NEVADA
On September 25, 2002, the Board of Bar Examiners for the
State of Nevada filed its Ninth Supplemental Report of the Board of Bar
Examiners on vVritten Examination of Applicants for Admission to the

State Bar of Nevada neld July 2426, 200L In its report to this court filed
October 5, 2001, the Board of Bar Examiners reported that the following
appllcant wrot.e the 2001 bar examination. received a tota] scaled score of
not less than 75. and a scaled score of not less than 70 on each of at least
three essay questions: howE'\'er. this appllcant had not submitt.ed evidencE'
of having complied with the rules for admission as set forth by this court:

Zachary B, Coughlin

1078

'-

The Board reports that this applicant has now submitted

evidence of compliance with the rules of this court, and recommends that
the above-named applicant be given favorable consideration by this court
for admission to membership in the State Bar of Nevada and to practice
law in the State of Nevada,

Further, the Board recommends that the

admission of the applicant be conditioned on and subject to the terms and

conditions of probation as set forth in the Recommendation and Consent
Agreement relating to his application.
Having reviewed the Board's reports, and the Summary of

Hearing and Recommendations of the Character and Fitness Committee,

the court is not persuaded that Zachary B. Coughlin has met his burden of
proving that be is of good mora] character and is willing and able to abjde

by the higb ethical standards required of attorneys and counselors of law

in the State of Nevada or that he is otherwise fit to practice law.
64(3).

SCR

Consequently, the court rejects the Board's recommendation that

1I1r. Coughlin be admitted to the State Bar of Nevada and we defer our
consideration of his application until October L 2003,
During this deferral period. Mr. Coughlin shall abide by the
terms ~lld conditions of the Consent Agreement relating to his appllcation
for admIssion t.o the State Bar of :f\ievada executed on September 9. 2002.
and the office of the Bar Counsel of the State Bar of ~evada shall monitor

the conditions set forth in the Consent Agreement. Further, the Board of
Bar Examiners shall file a supplemental report and recommendation
regardmg this applicant following the conclusion of the deferral period,

J 079

Accordingly, the application of M r. Coughlin is continued pen din g furth er

order of this Court.
Dated this

~ day of December , 2002 .

2~ , c.J.

Youn

=-----=~__=__=_i~=-, J.
Maupin

Shearing

_+:Q~_4"li.'~LL~__ , J.

~os~

AihgOStJ )

=rv/-

)
, J.

Becker

Gloria J. Sturman. Presi dent. State Bar of Nevada

Richard M. Trachok n. Ch a ir. Board of Bar Examine"
Michael S. Rowe. Cha Ir. Ch ara cter & Fitness Committee
Thomas D. Beatty Cha ir. Fu ncti onal Equivalency Committee
Allen W. J\lJnbrough . E,ec . DI rec tor. State Bar of Neva da
Patnce Elchman. Admisslons Direct.or, State Bar of Nev ad a
Rob W. Bare. Bar Counsel
Zachary B. Coughlin

, J.

--'B!...=.!ckeL""""""--___"J.

_--''-'''
~
=~~_____ , J.
Leavitt

cc

il8l

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

4
5

)
)
)
)

Case No.

--------------------)
6

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

to

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

II

for admission to the Nevada State Bar.

t2

13

RECOMMENDATION
t4

It is the recommendation of the Committee on Moral Character and Fitness that COUGHLIN be
IS

admitted to the Nevada Bar; provided, however, said admission shall be conditioned on and subject to
16

the terms and conditions of probation as set forth in this Agreement. The probationary period shall be
t7

monitored by and through the office of Bar Counsel of the State Bar of Nevada, and any alleged
t8

violation of this Agreement and/or the tenns and conditions of Probation shall be brought before the
t9

Committee on Moral Character and Fitness Hearing Panel ("Hearing Panel").

20
2t

CONSENT AGREEMENT
22

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
24

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

Ii>

(18 I

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 .

1.

.5

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)

10

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

records;

11

(e)

12

statement to the Office

13

14

(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)

15

16

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)

17

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

18

Bar of Nevada

19

2.

20

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

21

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

-S

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

If the Hearing Panel determines that the

4.

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

10

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

11

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

12

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

t3

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

14

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

15

appropriate.

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

16

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

17

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

18

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

19

Ih.::aring

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

Based upon the

20

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

21

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

22

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

23

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.

5.

his compliance with the tenns and conditions of probation.

6.

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

9
10

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

\I

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

12

to executing this Agreement. I understand that this Agreement will not become effective if the Nevada
14

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

15

and conditions contained herein.

16

,-,\1,

.... \

na.."'Ii;""i2-

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

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

17

18
19

Daled this

\1-

~k-

ZacHary B. Coughlin ;
7"

day of -September, 2004.

OJ

Respectfully submitted,

20

COMMITTEE ON MORAL
21

HARACTER AND FITNESS

b
/

21

Michael Rowe. Chair

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

"
To:

000145

Mary LaFrance
09/2512001 07:54 PM
Chrlstme Smith/UNLV@UNlV

cc
Subject: Honor Code Matter

Dear Christine:
I have become aware of a possible honor code violation that warrants investigation. Here are the
facts as I understand them:
Mark Trat05 has reported to me that Zacharias Coughlin, a student in Professor Tratos's Cyberlaw
class this summer, failed to turn in a reqUired paper. Professor Tratos required his students to
submit their papers both in hard copy and in electronic form, and apparently received neither
from Mr. Coughlin In a series of email exchangeswithProfessorTrat05.Mr. Coughlin admitted
not turning in an electronic version of the paper, but asserted that he did submit a hard copy.
Professor Tratos gave Mr. Coughlin a grade of "Incomplete" for the class, and asked him to turn in
another copy of the paper to be graded. Mr. Coughlin said that he did not have another hard
copy, and that his computer's motherboard had failed, making it impossible to recover the
electronic version. However, when Professor Tratos offered to pay for the recovery of the
document from Mr. Coughlin's hard drive, Mr. Coughlin asserted that he might not have saved it
on the hard drive after all, and that he had privacy concerns about allowing someone to access
that drive. He then submitted an abbreViated paper which falls short of the course requirements.
I believe there is a strong possibility that Mr. Coughlin has been lying to Professor Tratos
throughout this exchange, that he never submitted his paper in hard copy in the first place, and
that the only paper he wrote for this class was the abbreviated one which he finaly submitted at
the end of this exchange. Therefore, I believe there should be an investigation into whether Mr.
Coughlin made false statements to Professor Tratos.
Please let me know if I can be of assistance.
Regards.
Mary LaFrance
Associate Dean for Academic Affairs

IN THE SUPREME COURT OF THE STATE OF NEVADA

,,
4
5

j'

IN RE APPLICANTS FOR ADMISSION

TO THE STATE BAR OF NEVADA BY
EXAMINA nON HELD IN RENO
NEVADA AND LAS VEGAS NEVADA
JULY 24-26, 2001
'
,

)
)
)

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

)
)
)

FILED

)
)
)
)

DEC 22 2004
BY

.lANffif Pot Bl.OIlM

ClEfIl( (E SUPRN: C"-'RT

"""" <lfRr

9
REPORT OF THE
BOARD OF BAR EXAMINERS AND THE
CHARACTER AND FlTNESS COMMITTEE

10
II

TO: THE HONORABLE CHIEF JUSTICE AND ASSOCIATE JUSTICES OF THE

SUPREME COURT OF THE STATE OF NEVADA:
14
IS

COMES NOW, the Board orBar Examiners ("BOARD") and its subcommittee, the
Commiuee on Moral Character and Fitness, and respectfully reports the following;

16

17
18

19

I.
By Order dated December 18, 2002, this Court deferred the admission of ZACHAR Y B.

COUGHLIN ("COUGHLIN") as an atlorney and counselor at law in all the courts of this state until

October I. 2003, provided however, said deferral was conditioned on and subject 10 the following

20
21

i tenns and conditions:

22

Specifically, the tenns and conditions orlhe deferral agreement required that COUGHLIN:

23

25

(a) submit to counseling by a licensed Ph.D. psychologist, with such counseling 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 recommended by the psychologist, and
to provide the Board of Bar Examiners with proof of same;

26

(b) submit a signed release allowing the State Bar of Nevada access to any counseling records;

24

27
2B

om statements to the Office of Bar Counsel during the probationary

DEC 222004
CliRI{ OF SuPREME
1,_

co URT

OfPtm' ClERI(

;) I 04

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

(d) abide by the Nevada Supreme Court Rules and Rules of Professional Conduct of the State
Bar of Nevada.

5
6

The BOARD, having reviewed all of the evidence before it, now reports that COUGHLIN has
successfully completed and fully complied with all of the terms and conditions of his deferral

agreement throughout the entirety of the deferral period. Although not a violation of his deferral
8
9

agreement, COUGHLIN disclosed to the Board that in January of2003, he was arrested for Driving

10

Under the Influence and on March 11,2003, he pled guilty to Reckless Driving. The Board reports

II

that COUGHLIN has submitted evidence of his regular attendance at Alcoholics Anonymous (M)

12

and Lawyers Concerned for Lawyers meetings. (See Exhibits #1-3). The Board also reports that on

13

May 2, 2003, COUGHLIN was admitted as an Agent to practice before the United States Patent and

14
Trademark Office. (See Exhibits #4 and #5). The Board, therefore, finds that COUGHLIN should be

15
16

17

conditionally admitted to the State Bar of Nevada to allow the State Bar to continue to monitor his
psychological and alcohol counseling.
II

18
19

The BOARD therefore recommends that COUGHLfN be admitted to the State Bar of Nevada.

20
conditioned on the tenns of admission set forth in the Recommendation and Consent Agreement attached

21

as Exhibit A in accordance with SCR 49.7

22
23

- r'<-'

DATED this --==--=--- day of December, 2004.

24

t&~,-, M~'--;"
~
-- ------------------------Richard Tracho

, Chai

~---

Nevada Bar #0002206

201 West Liberty Street, Suite #300

Reno, NV 8950 I
(775) 786-8000

CERTIFICATE OF MAILING

:\
:\

The foregoing SUMMARY OF HEARING AND RECOMMENDATIONS OF THE

COMMITTEE was served on:

\0 \

Zachary B. Coughlin
c/o Keith Lee. Esq.
Law Offices of Keith Lee
3400 Kauai Ct. Suite 204
Reno. Nevada 89509

II

12

by mailing a copy thereof, first-class mail, postage prepaid on the 20th day of December, 2004.

13

14

15
16 :

~
~
tacfXb
ar~ .ez;;
a employee
of the State Bar of Nevada

17
18
19 I

20
21
22
23

24
25

'I

I 06

IN THE SUPREME COURT OF THE STATE OF NEVADA

IN RE APPLICANTS FOR ADMISSION
TO THE STATE BAR OF NEVADA BY
EXAMINATION HELD IN RENO,
NEVADA, AND LAS VEGAS, NEVADA,
ON JULY 24,25, AND 26, 200l.
IN RE: ADMISSION OF ZACHARY B.
COUGHLIN TO PRACTICE LAW IN
THE STATE OF NEVADA.
ORDER ADMITTING APPLICANT
TO THE STATE BAR OF NEVADA
On December 18, 2002, this court issued an order deferring
our consideration of Zachary B. Coughlin's application for admission to

practice law until October 1, 2003.

Our order set forth certain

requirements for Mr. Coughlin to meet during the deferral period and
directed the Board of Bar Examiners to file a supplemental report and
recommendation regarding this applicant at the conclusion of the deferral

period. The Board of Bar Examiners, on December 21, 2004, submitted its
supplemental report to the court.

In its report to this court flied October 5, 2001, the Board of

Bar Examiners reported that the Zachary B. Coughlin wrote the 2001 bar
examination, received a total scaled score of not less than 75, and a scaled
score of not less than 75 on each of at least three essay questions; however,

this applicant had not submitted evidence of having complied with the
rules for admission as set forth by this court.

In its Decem bel' 2004

supplemental report, the Board advises that Mr. Coughlin has successfully
completed and fully complied with all of the terms and conditions imposed

by this court throughout the entirety of the deferral period, and that Mr.
Coughlin has now submitted evidence of compliance with the rules of this
court.

The Board therefore recommends that Zachary B. Coughlin be

given favorable consideration by this court for admission to membership in

the State Bar of Nevada and to practice law in the State of Nevada.
Further, the Board recommends that his admission be conditioned on and
subject to the terms and conditions of probation as set forth in the
Recommendation and Consent Agreement relating to his application.

It appears from said report that the applicant recommended

for admission has: (1) attained his majority; (2) demonstrated suitable
moral character; (3) received a degree of juris doctor or bachelor of laws, or
an equivalent law degree, from a law school accredited by the American
Bar Association; or received an education which the Supreme Court has
determined to be functionally equivalent to that received at schools
accredited by the American Bar Association; (4) received a total scaled
score of not less than 75 on the 2001 bar examination, a scaled score of not

less than 75 on each of at least three essay questions, and a scaled score of
not

less

than

85

on

the

Multistate

Professional

Responsibility

Examination; and (5) otherwise complied with the rules for admission set
forth by the Supreme Court of Nevada.
IT IS HEREBY ORDERED that the following applicant be
admitted as an attorney and counselor at law in all the courts of this
State, with all privileges relating thereto, upon complying with the
requirements of the law relative to such admission; however, said

admission shall be conditioned on and subject to the terms and conditions

of probation as set forth in the Recommendation and Consent Agreement

relating to his application:
Zachary B. Coughlin
Dated

this,;?~day of March, 2005 .

....
e.e""'ck,""'"'"Rtk"""'---_ _ _ , C. J.
Becker

J.
Maupin

Ha~desty

cc:

J.

J.

J.

J.

Richard M. Trachok, II, Chair, Board of Bar Examiners

Michael S. Rowe, Chair, Character & Fitness Committee
Thomas D. Beatty, Chair, Functional Equivalency Committee
Patrice Eichman, Admissions Director, State Bar of Nevada

Keith Lee
Zachary B. Coughlin

IN THE SUPREME COURT OF THE STATE OF NEVADA

>-

III

!t;

~
...,

a:

C>..

Li:i
w

a.::

<

IN RE APPLICANTS FOR ADMISSION

TO THE STATE BAR OF NEVADA BY
EXAMINATION HELD IN RENO ,
NEVADA, AND LAS VEGAS , NEVADA ,
ON JULY 24, 25, AND 26, 2001.

NOTICE OF ENTRY OF ORDER

To:

Nevada State District Court Clerks

U.S. District Court Clerks (Reno & Las Vegas)
Executive Director, Board of Continuing Legal Education
Admissions Director, State Bar of Nevada
You are hereby notified that the Supreme Court of the State of

Nevada has this day entered an order admitting the individuals listed
below as attorneys and counselors at law in all courts of this State with all
privileges relating thereto:
NAMES OF APPLICANTS ADMITTED TO PRACTICE
Zachary B. Coughlin
Dated this 25 th day of March, 2005.

Janette M. Bloom
Supreme Court Clerk

............

IN THE SUPREME COURT OF THE STATE OF NEVADA

IN RE APPLICANTS FOR ADMISSION
TO THE STATE BAR OF NEVADA BY
EXAMINATION HELD IN RENO
NEVADA, AND LAS VEGAS , NEVADA ,
ON JULY 24,25, AND 26, 2001.

filED
DEC 182002
.'~

IN RE ADMISSION OF ZACHARY B.
COUGHLIN.

ORDER DEFERRING ADMISSION

TO THE STATE BAR OF NEVADA
On September 25, 2002. the Board of Bar Examiners for the
State of Nevada filed its Ninth Supplemental Report of the Board of Bar
Examiners on \\'}"itten Examination of Applicants for Admission to the

State Bar of Nevada Held July 2426. 2001. In its report to this court filed
October 5, 2001. the Board of Bar Examiners reported that the following
applicant wrote the 200] bar examinatlOll, received a total scaled score of
not less than 7f:>. and a scaled score of not less than 75 on each of at leaSl

three e~say quesbon~; however. this applicant had not submitted evidence
of having complied with the rules for admIssion as set forth by this court

Zachary B. Coughlin

0119

The Board reports that this applicant has now submitted

evidence of compliance with the rules of this court, and recommends that
the abovenamed applicant be given favorable consideration by this court
for admission to membership in the State Bar of Nevada and to practice
law in the State of Nevada.

Further, the Board recommends that the

admission of the applicant be conditioned on and subject to the terms and

conditions of probation as set forth in the Recommendation and Consent
Agreement relating to his application.
Having reviewed the Board's reports, and the Summary of
Hearing and Recommendations of the Character and Fitness Committee,
the court is not persuaded that Zachary B. Coughlin has met his burden of
proving that he is of good moral character and is willing and able to abide
by the high ethical standards required of attorneys and counselors of law
in the State of Nevada or that he is otherwise fit to practice law. SCR
64(3). Consequently, the court rejects the Board's recommendation that
Mr. Coughlin be admitted to the State Bar of Nevada and we defer our

consideration of his application until October 1. 2003.

During this defenal period. Mr. Coughlin shall abide by the
terms and conditJOns of thE" Consent Agreement. relating to his application

fOT admission La the State Bar of Nevada execuled on September 9, 2002.

and the office of the Bar Counsel of the State Bar of Nevada shall monitor
the condibons set forth in the Consent Agreemem. Further. the Board of
Bar Examiners shall file a supplemental report and recommendation

regarding this applicant following the conclusion of the deferral period.

Accordingly, the application of Mr. Coughlin is continued pending further

order of this Court.
Dated this

~ day of December, 2002.

~'C.J.

Youn

7r1,

~.

, J.

, J.

Shearing

Maupin

a,,'>r~

A4': ::>
Leavitt

cc'

, J.

~osk2/

, J.

::'-''"'"''''-''''''---_ _ _ _ ., J.

_ ......"""''--'''-_ _ _ _ ., J.

&cke&

Becker

Gloria J. STUrman. President. State Bar of Nevada

Richard ]11. Trachok 11. Chair. Board of Bar Examiner<
Michael S. Rowe. Chair. Character & Fitness Committee
Thomas D. Beat.t~'. Chair. Functional Equivalency Committee
Allen W. Klmbrough. Exec. D,reClOr. St.ate Bar of Nevada
Patrice Eichman . Admissions DJreCLor. State Bar of Nevada
Rob W. Bare. Bar Counsel
Zachary B. Coughlin

IN THE SUPREME COURT OF THE STATE OF NEVADA

IN RE APPLICANTS FOR ADMISSION
TO THE STATE BAR OF NEVADA BY
EXAMINATION HELD IN RENO,
NEVADA, AND LAS VEGAS, NEVADA,
ON JULY 24,25, AND 26, 2001.
NOTICE OF ENTRY OF ORDER
To:

Nevada State District Court Clerks

U.S. District Court Clerks (Reno & Las Vegas)
Executive Director, Board of Continuing Legal Education
Admissions Director, State Bar of Nevada
You are hereby notified that the Supreme Court of the State of

Nevada has this day entered an order admitting the individuals listed
below as attorneys and counse lors at law in all courts of this State with all
privileges relating thereto:

NAMES OF APPLICANTS ADMITTED TO PRACTICE

Zachary B. Coughlin
Dated this 25,h day of March, 2005.

Janette M. Bloom
Supreme Court Clerk

Ja nuary 9, 2003
Attn:
Kathy Crary

Dear Miss Crary,

Please accept this mailing as a supplement and correc tion to my initial app lica tion.
am very sorry for the inadequacy of my original app lication.
Attachment to Que5tion 9.1
Complaints; Professional Discipline
The Nevada Supreme Court has de ferred my application for a license to prac tice law

until October 2003. in August of 2002 the Cha racter and Fitness Co mmi ttee of the
State Bar of Nevada entered a recommendation that J be given a provisional license to

p ractice law in Nevada. The Nevada Supreme Court's ruling did not offer any
reasoning for why the Com mittee's recom mendation was nol followed nor did it
indicate that I had failed to comply w ith any of the reques ts or stipulati ons presented
to me by the Commillee. I am unsure w he ther this quali fies as having bee n "denied a
business, trade, or profess ional lice nse" as the lang uage of the ru ling speaks o f
"deferri ng" consideration. I am cu rrently waiting for the ac tual ruli ng to arrive in the
mail and on ce I rece ive it I would be happy to supply a copy if that is appropriate.
Sincerely,
Zach Coughlin
Add itio nally, my new location is:
2 t 04 Madera Rd.
Sacram ento, Ca 9.5325
As an update, I have passed the October 2002 United States Patent and Trademark

Office Patent Attorney Examination. I apologize for putting references in the wrong
sec tions o f m y applicalion of Se ptember 28, 2002 and hope that the additional
re ferences I am supplying in this mailing aid in an examination of m y character. I
realize thai this reflects poorly on my application and that my exhaustion from studying
for the Oc tober Patent Bar after the July California Bar is no excuse, nor is the financial
hardship such studying caused. I encourage the Committee to contact Anderson &
Morishita, the Las Vegas patent law firm that I was working for part-lime from October
to December of 2002. I listed Robert Ryan Morishita as a personal reference and Phil
Anderson as a prior employment reference.
.
Morishila cannot be a personal

reference, I should still have supplied five references when viewing this mailing and
my September 28'h mailing in combination. I believe they will have strong
recommendations to give regarding both my character and abilities and may help
understand the situation that ensued at the law school with Professor Tratos as these
gentlemen were formerly associated with the Quirk & Tratos law firm in Las Vegas. I
have worked for Anderson and Morishita as well as spent considerable time in a
personal setting with Robert Ryan Morishita. Lastly, for some of my references, such
as Tom Meschery and Jim Gleboff, I indicated that I have known them for ten years. /
knew these gentlemen quite well from about age 15 to 18 and have had little to no
contact with them since, due to the traveling my educa tion has required. Last ly, while

I did not list them as personal references, I believe it may prove he/pfu/to contact
several members of the law firm for which I work. While this is my first week at
Schuering Zimmerman & Scully, the members of this finn are spend ing more time

with me right now than 311yllotiy elsl!. In particular, Houe;t Zimmenndn, Le:.:o
Schue ring, Tom Doyle, and Dominique Pollara (all attorneys) may prove to be helpful
in making a decision on my application. They are all available at the contact numbers
listed under section 4.2 of my January g'h mailing.
Sincerely.

Zach Cough/in
SSN: 295 86 4380
DOB: 9/2711976

1002

THE STATE BAR OF CALIFORNIA

OFFICE OF ADMISSIONS
180 HOWARD STREET SAN FRANCISCO, CALI FORNIA 94105-]639
1149 SOUTH HILL STREET LOS ANGELES, CALIFOR NIA 90015-2299

(415) 538-2303
(213) 165-1500

February 3, 2003

WILLIAM S. BOYD SCHOOL OF LAW

4505 MARYLAND PARKWAY

LAS VEGAS, NV 89154 1003

IN RE: Zachary Barker Coughlin, I

-----

--------

DATE OF BIRTH: 9/27/76

SOC. SEC. NO.' 295-864-380

PLACE OF BIRTH: bellevue WA

DATES OF ATT~NDANCE'FROM:
8/1999 TO: 12/2001

The person indicated above is an applicant seeking admission to practice law in California and is currently under investigation by
the Committee of Bar Examiners (Committee) of the State Bar of California as required by statute. The Committee requests your
cooperation In providing the following information from this applicant's record. The applicant has executed a declaration as part of
the moral character application which includes the following provision:
.I also authorize and request each and every law school having control of any documents. records, or other
information pertaining to me to .. .turnish such to the Committee of Bar Examiners. as reqUITed by the Committee ... 1
hereby release, discharge and exonerate any law school" .. any of thel( respective employees .... and any other person
or organization supplying requested documents. records, and other Information pertaining to me from any and all
liability 01 every nature and kind arising out of the furnishing of such documents, records. and other information to the

Committee "
A copy of the declaration wlll be furnished upon request. Please complete both sides of this form, sign it, and return It to
the State Bar's Office of Admissions in Los Angeles at the earliest possible date.

1. Do the records in you r office reflect Ihat Ihe applicant has been:

Question

. denied admlulon to practice law in any othar atata? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Yes

No

SEE ATTACHED

b. arrested or otherwise charged formally or Informally with a violation 01 the law1

(You shoUld not provide Information about any criminal proceeding which you
l)etleve to have been sealed or expunged.) ......................................

... .......... .....

d. knowingly delinquent regarding any financial obligation? ............ , ............ .

.. dtldpllnecI by any _ucaUonailnatltutlon? ..................................... .

Co

accused of a violation of a trust? .........................

dtsdpIIMd by any licensing authority? ....................................... .

.. In ..... or~ fof arMellcalty recognlHd Illness, dl..... or disorder that
...... curqndy ....... wIttI hialMr ability to practIca law? ....... . . . .... .. .......

TO ANY PART OF QUESTION 0

THE APPLICANT'S FITNESS NE (1.'1h) WAS"y
FOFi ADMISSION

iLl: ?u..c.{

'

"

"

"

E~O 0= YOU ~AVE ANY

FiACTlCE

',' L

LA-. RpEAlSOtt
q,

EASE

l
Il
(l

LLblq,

l.,

---------------'------------"'~
The information f urnished above is gi ven w ith the understanding Ih 1 'I

---------

'
'
.
a I will become part 0f th e conltdentlal
'
records of the Com mittee
of Bar Examiners
of The State Bar of California.
I HEREBY CERTIFY to the Com m ittee o f Bar Examiners that I am the Dean ~As .
~.
Assistant Dean or Registrar of t he law school indicated.
, ___
SOClate Dea Vice Dean,

IN WITNESS WHEREOF, I have hereunto set my hand this

SIGNATURE

[Seal]

CJ:tI..L Iii , ~I

u..--U,

<

'it'{ Jv

day ol 1'L: kC (Iv 20 U.

Attachment - Com ments to questions (I a - I h)

I.
a. I am unsure of Mr. Coughl in's admission status to the Nevada Bar.

I.
h. The Dean recently received a telephone call from Mr. Coughlin's
father indicating Mr. Coughlin has a chemical dependency.

Ap~hcanon of Lachary a. Coughlm

Social Secwil)'J! 295 864380

I-ebruary 23 1003,

Kalbl Crary
Office of Admissions
The State Bar of CalifoTDia
180 Howard Street
San .'raDcisco, CA 94105-J639
Dear VIs Crary,
Oll J..liUary 28th, 2003. I w-as ~l.llled 0\ t:f for not wearing my :.eat bdl. i WlIS charged with driving
under the influence. I am writing 10 inform you and the Stale Bar ofCalifomia oflhis in compliance with
my C()~tirrum. duty to alert the bar of lIDy pendingjudicilll proceedings ."'.!so, I have been let go from my
position at Schuering. Zimmerman & Scully in lighl of my recent arrest and hope this letter complies with
my duty lO keep the bar infonned as to my employment history

Sincerely,

19

00 01

DO XOT DETACli

FO RM 2 - RECORD OF CRIMJNAL CASES

Q
( .'\-.1-1 1!-1L'i
uA\-<2.1(!2. '<'
Fir~

,/

......

AR.8.ESTl'iG AGE:";CY

fdoDy:1

.M~;a-'

F",luDJ::J

"I~...,.-::J

ATT4cn It. con OF TUE ,RltESTI:\G OFFICER'S REPORT, CO,IPLAIXTS,

lXDICT\lE~"'.

TRIAl. DISPOSrI'lOX.

SE~TE"IiCF~ "PPEAL. PR08.\.TIO:" REPORT ~"'D q:RTIFI ED COPY Of' CO:\\'JCTlO\;, IF A 'Y,

I.

I' ... ~ ...

'1.<".

1 b~~~..

,,>-v ('".1-.....1 ..\

,J

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-"

. 002

THE COMMITTEE OF BAR EXAMINERS OF

THE STATE BAR OF CALIFORNIA
OFFICE OF ADMISSIONS
180 HOWARD STREET SAN FRANCISCQ, CALIFORNIA 94105-1639 (4[5) 53&-1303

~-'''' "J8M hal/II/ler!

March 5I 2003

SI\Ml,j\.l Il\o.:SON

. ' .. ( I",,,

Zachary B Coughlin
2104 Madera Rd
Sacramento CA 95825

~D''''M,,,,,,,,

UlAN I' ',INNIS

SSN:

PERSONAL AND CONFIDENTIAL

295-86-4380

RE:

Incomplete Investigation

',1 ",j,,, J I}lC "Sl11.0

Dear Me. Coughlin:

/(,IIN L 10no
"/iJ,I.

C'
I,

'.j

SG,J{;!I 1\10
'/U"'''';''' "J " -,,,',

In order to process your Application for Determination of Moral Character,

we respectfully request that you submit the following additional
mformatlon and documentation for the Committee of Bar Examiners'
consideration:

",DIlI.W J 1I')['W()()f)

Please provide the following:

".
~1'.:1I1\1

A copy of the police report from the arresting agency

regarding your January 2003 arrest for DUI.

',/"

{>,IOllN!>QN

Please describe your relationship with alcohol and/or drugs.

This should include when you started drinking or using drugs,
at what age and where, and outline your current drinking
habits and/or drug usage. This statement should list any
referrals or rehabilitative programs in which you have been
enrolled for treatment of abuse issues.

OAVlllA,lOW

I'.' IP.)('", "'" Y1LLAlOllOS

t.- ' .. ,A..

I tlH WUI "01

f-Alll!\\("r WloCIISU,R
IUNAIIII\"1

\If(,!.!1

Keep in mind that the Rules Regulating Admission to Practice Law in

California provide that an applicant has a continuing duty to update
response to questions in aU applications whenever there is an addition to
or change in information previously furnished) (pursuant to Rule VI) Section
7, of the Rules),
We appreCiate your consideration in this matter. In order to facilitate our
investigation, please provide the information by March 28, 2003. Please
feel free to call me if I can be of further assistance to you.
Sincerely,
"- /

r:.... yU_

r. MIJRPHY

' ........". Ao"",n"""'",n

JOliN Il kODIIIGlIF1.

.. f/,."...... _ ..

"

~)pt.

Kathy crar;o
Moral Character Analyst
(415) 538-2593
Enclosures

Zachary Barker C gh].

1044 w. 1st St
Reno, NV 89503

ou

Ul

------------------March 19, 2003

Kathy Crary
Moral Character Analyst
180 Howard Street
San Francisco, CA 94105-1639
Dear Ms. Crary,
1 have included my arrest repon "
,
.
In this letter. While I would like to pomt out that I was nOI
der th e infIueoce of any dru h i
un

.
that I had sm
._
,g w en was pulled o\'er for haVlllg my seat belt unfastened. I must admll
~ked manJuana In the weeks preceding my arrest, r often wore the same sweater J was
wearing the rught I was arrested. I would weTe it almost nightly to avoid turning on the heal in my
apartment. .~e officer must have smelled marijuana on wat sweater from nights when I had previously
smoked manJuana. I would smoke marijuana sparingly OD nights after work when my chtonic midthoracic and cervical pain would be unusually bad. This would help me sleep and ease the pain. I have
since started a chiropractic and physical theraI'}' regime that also includes yoga I feci remarkably better
I have been aware, through news reports, thaI marijuana is currently being prescribed to treat
chronic back and neck pain. Further, I never intended to use marijuana for pain for any longer than it
would take for my medical insurance benefits to become active, at which ume I could afford proper
treatment. 1 now have health insurance. I had been in the process of scheduling appointments with
chiropractors, physical therapists, and pain management physicians at the time of this cbarge.
I started drinking alcohol in my early twenties and have never been more than a socia.I drinker.
Further my drug use has been confined to my recent use of marijuana for lreating chronic back and neck
pain, While I had a prescription on file for hydrocodone at the time, I have since discontinu~ use .o f this
pain killer as it makes my stomach nauseoUS. I del,est ~gs and am ~ relieved that my chroroc pam has
subsided and that I have found natural measures WIth which 10 treat It
I have definitely been frightened by this experience and will never use ma.rijuana again. , I am
fr
f th chronic back and neck pain thai plagued roe. Thanks to the Incredible chiropraClic
now ee 0 haC rece.v-d in addition to phvsical therapy and yoga, I can get througb my daily life without
treatment 1 ve
I .. ,
.
,
_
,_
t pain. I feellhal I have a new lease on life. 1 have not been referred to any
expenencmg Slgnifi~ drug or alcohol abuse, nor am I cumnUy enrolled in treaunent. I feel absolutely
treatment programs or "uana Indeed, I abhor the mental and physica1 toll it takes on one's body.
no desire to lake any ~OO3 arrest has recenUy been ruled on. 1 pled guilty 10 Section 2310 I of tbe
.
.MY l~uruy 'This is a reckless driving charge, also known as a "Dry Recldess." This is a
California Vehicle
charge that carries with it no probation. I am including with this lener a
non~a1oohol or drug re.a
Order indicating the final disposition of my charge. Lastly, I have moved
certified copy of the Minut~ melown, to be near my mother, father, grandparents, and siblings at a time
back to Reno, ,Nevada. my ~nce temporarily. However, it is my strong desire to practice law 111
when my fanuly needs my P.di g th~re and vt(}' much wish 10 be practicing law in such a fine Slate.
California and I plan on resl n
Sincerely,

ax:eied

Zachary B. Coughlin

(I

..

FAX I'().

ARR~ST REPORT

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~IV ING

UNDER THE INFLUENCE

"'''''

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0 '-

~REST - INVESTIGATION REPORT

p 202 CARS ( 1299) OFI 004

fl.

1123/03

2245

at H owe A venue

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AOMQNIT\OIII OF RIGHTS

IF YOU CAHNOT AFFORO Nj AnORNEY. ONE wu. BE

:I. YOU HAVE THE RIGKt TOTAIJ(WIrn Nj

AnORNEY NJ TO~ Nj AT"TOANEY Pm:SHT

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BEFOA NJ 0I.fI1NG OUES~ l'OV DSIR.

BEFORE. NJ ~~IOf,'NJ.

~ YOV SAY (;.olN AND WU BE

ISED.r.GAINST YOO IN" COUR T OF LAW

._-

APPQWTEO FR OIF CH.AAGE TO REPRESEHT YOU

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ARST NAN. II,UOOU: NfIAI.

PI/3E.

oughlm, ZactJary Barker

OF 4

88855RS

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'HEA WEAE YOU STOPf>D'1'

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lo me

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] YES

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NO

Sloped Shoulder, We:ather: Cloudy, Patrol ClI" Lights, AI$h]jght

PRELIMINARY ALCOHOL SCREEN INFO RMATION

.A.S. Admonition: I am requcstlng Ihat you lake I preliminary alcohol se:reenlng tesllo lurther assist me In determining Whether you are under the
,Uuenee 01 alcohol. You may re luse 10 lake Ihls lest ; however, th is Is nol an Implied consen t tesl and II arrested, you will be r equired to give a
Impie 01 your blood, brea th, or urine lor the purpo se 0 1 determining the aclual alcoholiC and drug conlent 01 your blood.
E A80VE ST"TEWEHl WAS RE./IO TO THE SUB.ECT BY:

J HI"

AAAESfWoIG 0f"lCEfI

OIl

IIIlQ.TH ~ .rOCNoTH

CUlON OF 1$1

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l ~ncm llOW'<lfT(NoIO'.... 1'01

11O. NUMBER

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CHc:MICAL TEST INFORMATION

mpItd

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LD OF SAWl.E(S)

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RESl,l.lS IF "VI>A.N!JI..E.

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OF Pf.A3ON GriI"Q rUT 0 I ' I 1 _ - . E

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TROMBETTA ADVISEMENT

, , . _ .;r~ th tesllng equipment does NOT retain any bre.1th sample lor later analysis by you or anyone else
. " you Wilnt a sample retained, you may provide a blood 01" urine sample that will 1)41 reta ined at no co.t to you, " you do so, the blood or urine
sam pl e may be lested lor alcoholic or drug conten t by clther party In I criminal pro secution,
NO
N/A
, 00 you wishlD ptovlde an additional sample?

DYES

,
PROBABLE CAUSE DECLARATION FOR IN CUSTODY DETAINEES
(DO NOT AITACH BOOKING SUMMARY TO ADU LT DETAINEE)

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I oeeIaffl UlO above I'Iamed person l\n been anestecl and i$ del..ned in Ihe Sact8meOlO Co.JnIy .(2JJai1 [
facls below wf'liC:h establish ptOOabIo au" 10 Clelain IhI s individual. (Print In bIa" Ink ; circle

" ".... Hal':

J? s.

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04 wilneu. end 'saw" 01' "heard" as

EVIDENCE ESTABUSHING A CRIME WAS COMMITIEO

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EVlOENCE fSTABUSH ING THAT THE ~RESTEO PERSON COMMITTED THE CRINe
W itness I VK;lim I

0I'I\cer

staled hfIIahe uwlhNrO the following

fon~lng II tr\I nd fOOfrect_

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o find !he deClaration

probable
o t rll'ld 6elcaration DOES NOT est.1bll$h
DOES establish

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',.

cause 10 believe !his 8ITfttee corrmIt!ed crime. The atrMtee may be detained.

the

C8UM to

detain. The ,rreslee should be

rele~ Ot\

!he

o>.re

TIME

VC 23153 (a-b) BAlUOR

Iv ..... IIM\'='I NAME(S)

I"'" INO

",..

IW ""S. WHERE

EXTENT Of INJURY

AGE

Pp U OR INFORMAnON

, "'~o No>""

5 . Is the victim furful of further violence?

2. Documenled hls.toty of vioItnee7

3. 0 -

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E.q)IanallM of any

-v- _ _ ;abaft in

Has _the _ictl m sought ." ema~ve housing?

. ...........

7. Were minor chiIO"en Ihrealer.ed

,. ,

. Any

. Was viotation of CCIUIt oroer Involved?

o
o

'S .

1. Prior _.

'''''' ,

273 .5 PC cas... and dKeribe exlent of irlfury.

Contlnuellon of _ _ II) from ~ .

Minor admitted 10 0tIlcer

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Of

.
.

2..

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...Pretrial Services
~~,

YEllOW Jail File

PINK Arresting LEA

r,,

L
9250

13299

88855RS

LO CA TION: Thi s evaluation was conducted althc Sacramento County Jai l booking
and receivi ng area.
WITl\'ESSES: Officer A. Escatel #14344 was present during thi s evaluation.
1 EAT H AL CO HO L TEST: Officer George obtained a BAC. reading of .000% at
2307 hours. This reading was obtained using a preliminary alcohol screeni ng device
(lntoximetcr Inc .. Alcoscnsor IV #8550).
OTLF ICA TION & INTERVI EW OF A RREST ING OFFICE R: On view.

INITIAL OBSE R VAT IONS OF SUS PECT: Upon con tact wi th the subject at the
Sacramento County Jail, I noticed his eyes were bloodshot an d watery and pupils were
slightly dilated. The subjecl' s fa ce was fl ushed. T he subject' s c lothing smell ed strongly
of fres hl y burnt marijuana.
MEDICA L PR OBLEMS AND TREA TME T: The subject Slated he has chronic back
pain and takes Lortab (10 mg) twice daily.
PSYCH O PHYS ICAL T EST S:
ROMBE RGIll\TTERNAL C LOC K: The subj ect swayed in all directions
approxi mately 2 inches from center. He had an mtered sense of time estimating
30 seconds in 33 seconds.
l VALK AND T URN: O n the first set of nine steps, the subject walked with
floppy feet. The subj ect pi voted on lhe heel s of bOlh feet on the tum around . He
walked in a crooked manner stepping off line o n #3 on the return set of nine steps.
ONE LEG STAND: Wil6. right foot raised . the subject swayed in all
d irec tion s. Wi th his le ft ~t raised, the subject swayed in all direction s.

-::::;

F INGE R TO NOSE: The subj ect was unable to touch his fingertip to the lip of
hi s nose on six of six attempts.

C LINI C AL It'I'D ICA TORS :

EYES: The subject's eyes were bloodshot and watery. Ius pupi ls were d ilated in
all types of lighting conditions and were slow to react to li ght stimu li.

1'IW'AJUi,R'S I'IMfII

t o. N\1lI(lIDI.

leffGeorge

t 3299

om

FAX 1'lJ.

Apr. 02 2003 06 :23PM

77582661137

P1G

STATE OF q.LlFORNlA

NAR'RATIVE/SUPPLEMENTAL
DATE OF INCIDENT
TIME
0 112312003
2230

PAGE .3 OF.4
NCICN UM8ER

OF'*FICEH 1.0.

9250

013299

NUMBER

1 FIELD SOBRIETY TESTS:

2
3 ROMBERGnNTERNAL CLOCK: The subject swayed in all directions approximately 3 inches

4 from cente r and slowly lowered his head.

5
6 ONE LEG STAND: The subject teetered in all directions and raised his anms from his sides on

7 occasion during this test.

a
9 FtNGER COUNT: The subject counted 1,2 ,3,4,5 1,2,3,4,5 on all three repet~ions ,
10
11 FtRST OBSERVATIONS: I was driving a marked CHP unit northbound on H owe Avenue at

12 Cottage Way. At this time, I observed a vehicle slopped at the limit line for a red traffic signal on
13 Cottage Way wesl bound al Howe Avenue. As I passed the subjecl vehicle, I noticed Ihat the
1A

driver was not wearing his seatbelt as requ ired by section 2731S(d) VC. I passed the subjecl

. ,j

vehicle, initiated a Ulum and proceeded back southbound on Howe Avenue toward Cottage Way.

16 As I reached Cottage Way, the signal light for southbound Howe Avenue cycled to red. The
17 subject vehicle made a left tum from Cottage Way and proceeded sou thbound on Howe Avenue

18 with the driver still not wearing his seatbelt. I positioned my patrol unit directly behind the subject
19 vehicle and activated the front red lights. The subject vehicle made a right tum onto Wyda Way
20 and stopped,
21

22
23 OBSERVATIONS AFTER STOP: I made a left side approach on the subject vehicle and

24 contacted the solo occupanVdriver through the open left front window. Immediately, I could smell
25 a strong odor of freshly burnt marijuana inside the vehicle. I asked the driver for his driver's

..

26 license, registration and proof of insurance. The driver handed me his Nevada driver's license
27 that identified him as Zachary Barker Coughlin. At this time , I nottced Coughlin's eyes were
28 bloodshot and watery. I asked Coughlin to exit the vehicle and directed him to an area near the

Pl'lePAAEb

6Y

J . GEORGE I OFFI CER

1.0. NVMt:lt:tI

DAti!

013299

011231200..1

DAT

FAX t-O.

Apr. 02 2003 06:24PM

77582661137

P17

ST AIE OF CJ\LIFORNIA

~Nf,A~RfRgA?TI~V~BfrS~U~P~P~L~E~M~E~N~T~A~L~____ow~~~a-__--r

PAGE' OF4

DATE OF INCIOENT

TIM E

NCIC NUMBER

OFFICER t.D.

01123/2003

2230

9250

013299

NUM BER

1 right side of my patrol un~. As he walked, I noticed he was unsteady on his feet. I had

a brief

2 conversation with Coughlin. As he spoke, I could smell a strong odor of burnt marijuana about his
3 person and on his breath. Based on my trai ning and expe rience as a certJfied Drug Recognition

4 Evaluator. I began to suspect Coughlin may be under the inlluence of drugs. I administered a
5 se ries of field sobriety tests to Coughlin. He was unable to perlorm the tests as demonstrated or

6 explained. Based on his driving, his objective symptoms of drug uselinfluence, and the field

7 sobriety tests, I formed the opinion that Coughlin was under the influence of drugs and unable to

safely operate a motor vehicle .

10
t I ARREST: I arresled Coughlin for a violation of section 23 t52 (a) VC (Misdemeanor DUI). I

12 transported Coughlin to too Sacramento County Jail where I performed a complete ORE
13 evaluation. Upon the conclusion of my evaluation, I formed the opinion that Coughlin was under
1,4 the influence of Cannabis and unable to safely operate a morot vehic!G . I explained section 23612

VC (Implied Consent) to Coughlin. He chose and submi1ted to a urine test. I collected a urine
16 sample at 2350 hours. Coughlin was then booked into the Sacramento County Jail on a chargo of

t 7 23152(a) VC (Misdemeanor DUI) .

; J.GEORGE I O FFICER

tD. NUMBER
01 3299

bATE
0112312003

DATI::

FR01

VSA..<lr l SO rNV Iltlllll Nevada

FAX f'I).

7758266107

Apr. 02 2003 05: 2SPM

4
9250

13299

88855RS

VITAL SIGNS: The subject's pulse was elevated each time J checked it. Hi s
blood pressure was within the nonna! range.
SIGNS OF INGESTION: 1he subjec t' s tongue was coated wi th a pastY green film. Hi s
breath smelled strongly of freshly bumt marijuana
SUSPECTS STATEMENTS, None .
DRE OPINION: Based On the objective symptoms of drug use/intoxication, the
psychophysical tests, and clinical indicators, I fonned the opinion that the subject is under
the influence of Cannabis and unable to safely operate a motor vehicle.
TOXICOWGICAL SAMPLE, The subject provided a urine sample to be tested for
drug content

MISCELLANEOUS : None .

. ,;.
->'!.

W~

13199

P2e

FAX NO.

Apr. e2 2003 06 : 26PM

7758266 107

.LABORATORY OF FORENSIC SERVICES

P2 1

, JAN SCULly

"""'" '''''''"''

SACRAMENTO COUNTY

' 03-00938-00 l'

0112912003
CALIFORNIA HWY PATROL-NORTH
5109 Tyler S_,
Sacramento. CA 9584 1

LAB NO:
AGENCY NO:
OFFICER:
nADGE NO:

03-00938-001
NHP-RS-088855
GEORGE
13299

Alcohol Ana lysis R eport

SUBJECT: Coughlin Zachary

RESULT OF ANALYSIS: 0.01% (BAC)

4MPLE TYPE: I URINE SAMPLE

DATE SAMPLE RECEIVED: 0112412003

DATE SAMPLE ANALYZED: 01 /2812003
DATE SAMPLE RELEASED: 0112912003

I certify, under penalty of perjury, Under the laws of the Slate of California, that this analysis was performed
during the regular coW'Se of my duties. and is a true and correct report of the results oftbat analysis.
I further certify that I am qualifioo to JX:tform this analysis pursuant to Title 17 of the California Code of
Regulations, and the equipment used in arriving at the results was in proper working order at the time the
analysis was perfonned .
1 fwther certify that I am the maker of this document and that my signature has been affixed by meaus ofan
eloctronic devi ce.

Forensic Alcohol Supervisor Michael Toms

lABORATORY OF FOR.I!NSIC SIiRVTCIiS

4800 Bro.Hhny. Sui": 200 - Sac=mClltO. CA 95820

(9 16) 874-9240

Date: January 28. 2003

FRO'1 : VSl=Lartsoft-V

FAX tel.

UutlU ~ada

7758266 107

Rpr. B2 2003 06:26PM

-LABORATORY OF FORENSIC SERVICES

SACRAMENTO COUNTY

February 10, 2003

CAUFORNlA HWY PATROL-NORTIl
5109 Tyler Street
Sacramento, CA 95841

LAB NO: 03-00938-001

AGENCY NO: NHP-RS-088855
SUBJECT: Coughlin Zachary

TOXlCOLOGY REPORT

On January 24, 2003, the Sacramento County Laboratory of Forensic Services receivod one urine sample.

~ULTS

The following were detected and confirmed: 11nor-9-carboxy-THe, bydrocodolle.

The following were not detected.: methamphetamine, MDMA, benzoylecgonioe, pbellcyclidine, morphine,

benz.odiazepines. barbiturates and other basic drugs.

Analyzed by Criminalist Lisa CAughlin, on 021()411003

Re1~aseJ

I,

by Criminalist Debra L Henry. on 0210612003

LABORATORY OF FORENSIC SERVICES

4800 Broadway, Suile 200 - Sacramento, CA 95820
(916) 874-9240

P22

\ TI! Of'

CAU~ORHIA

--

~ AlROt.

' AltlMH1 Of' CAUFOANIA Ii.HWAY

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February 10, 2003

C'\UFORNIA HWY PATROL-NORTH

Sl09 Tyler Street
SacramMtO. CA 95841

LAB NO: 03-00938-001

AGENCY NO: NHP-RS-088855
SUBJECT: Coughlin Zachary

TOXICOLOGY REPORT

Or. January 24, 2003, the Sacramento County Laboratory of Forensic Services received one urine sample.

RESL"LTS

The

~oilowmg

were detected and confirmed: 11nor9-carboxy-THC, bydrocodone.

The folloWIng were not detected: methamphetamine, MDMA, benzoylecgonine, phencyclidine, morphine,
benzodiazepines. barbirurates and other basic drugs.

AnaJyzed by Criminalist Lisa Caughlin, on 0210412003

&/eased by Criminalist Debra L. Henry, on 0210612003

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ZadlCotWilin.'?holrwrilcom

~ia,.' 14th. 2003

Offitt of Admissions
The' State Bar of Califoroi a
180 HOW"ard Street

sa. FraDcisco. CA 94105-]639

Hdlo. I would lik 10 asl if il is possible to get a ~ of the moral cbaracter B!Id fitness
appIicatioo and aD)" odlcr conespoudmccs thaJ 1 senl la the Stat!: Bar- ofCalifomia.
l nfommardy. many of lD)' files "-en: m::c:ull}' desttoy'Cd, as such 1lllllSf n:quesr tluu yoW'offic:e
plC'a5IC send UlC" rhese docomems so I can ~ for an) futun: COIIlJJtIlIlicmioos ,.,-irh lbc 0fI'ice
of Admissions. \1} analyst is Kalh} Crall \ly SIJciaI. sccuril} number is 295 86 "'380. I passed
the- Joh' 2002 bar- e.um.. I SIOlI in m\ Characto- 2nd firness Applicarion in Oaobc:r of2002. 1
h&\' ~ since sent 5I:\-cntI ~ Pleas:e send me ubam-a-Iioammlarjoo thai: n:larcs In
M)' appIicarioo. tbaJ: 1 hlne a ri!ht 10 rea:iu~'_ This DllI)' include l1li)' docmncnlBrian sau b)' my laY.
school or 8m; 0Ihcr bar. I will ~ pi) an~ COStS associattd uith this applicario:t. If p05si"bk..
please
me rbe amomu I musr send in and J ,,;11 do so immediate!)

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THE COMMITTEE OF BAR EXAMINERS OF

THE STATE BAR OF CALIFORNIA

OFFICE OF ADMISSIONS
180 HOWARD STREET. SAN "ANCIS C O . CA LIFORNI A "10,./639 '<I,)

(.4"".,,"~,. oflla;xal1l",cr~ September 4,2003

,,, .2)0) ")

S,"-"1L'EL l JACKSON
CJ.~ "
S.N~"'~nlO

t:DWAROC STARK
"iH-ChtJ"
Sa~'n M"",~o

1)10 ........ E. DENf' IS

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State Bar of Nevada

Board of Bar Examiners
600 E Charteston Blvd
Las Vegas, NV 89104

In fe:

J DECASTRO

AKA:

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SS#:
DOB:
POB:

JOHN L. DODD
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SEV::iU' JE ... N GASSNER
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..... lO:..'.w J IlI'PWOOD

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B HUSSEY

Zachary Barker Coughlin

none known
295-86-4380
09/27/76
Bellevue, WA

The person indicated above is an applicant for admission to practice law in

California and is currently under investigation by this Committee as is required
by statute
to determine whether he possesses the requisite moral character to
practice
law.

s..~PNr{J

":, fV.ELP JOHNSON

Ila*,"~d

~\

It will be of material assistance to this investigation if you can provide the

following:

EILTl KINMAN
.i/4alttl>",

a copy of this applicant's psychological evaluation report

prepared by Or. R.obert E. Hunter (refere.nced on page 5,
Summary of Hearing and RecommendatIon of the Committee
with Certificate of Mailing, dated 20 September 2002J
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a copy of the arrest and conviction documents in Mr. Coughlin's

resisting arrest misdemeanor {Las Vegas,
October 20011, if these are in your possession.

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The applicant has signed a release authorizing the furnishing to this

Committee any information, files or records required by the Committee in
connection with the processing of the application. A copy of this release is
enclosed. If you need further information in order to locate or provide the
documentation, please feel free to call. A self-addressed, postage-free
envelope is enclosed for your convenience.

n,,,p"'~~1

!-,Ulr .... Mt RI''fY I..... WSON

You have the Committee's genuine gratitude for assistance in this task of
mutual interest.
Sincerely,

'~7/

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MF'''' ',",,In ~, ..'-'"" "'

DEAN
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Kathy"Crary
e .. RBIHtJ Moral Character Analyst
u."',~{J"OI"
(415) 538-2593

..

Enclosures

EXHIBIT

I~

THE COMMITTEE OF BAR EXAMINERS OF

THE STATE BAR OF CALIFORNIA
OFFICE OF ADMISSIONS
ISO HOWARD STREET S AN FRANCI S CO. C ALIFOR N I A 9 4 10 5. 1639 ( 4 IS) 5]8 . 2]03 ,

c, .....rIIr.. of 8", ;." '"~m

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September 4, 2003

PERSONAL AND CONFIDENTIAL

JACI<SON
Oa"

Stu""" ", Zachary Barker Coughlin

)WAlDe STARK

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1044 W 1" St
Reno NV 89509
SSN:

295-86-4380
Incomplete Moral Character application

RE:

Dear Mr. Coughlin:

In order to process your Application for Determination of Moral Character, we
respectfully request that you submitlhe following additional information and
documentation for the Committee of Bar Examiners' consideration:

J HO ' ;",,' 10

$",,,

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Sp""t

You have two addresses on file, one in Reno, NV (as used

above) and one on the computer system with the State Bar of
California (on Madera Road, Sacramento). Please notify State
Bar Admissions at the address below and confirm your correct
mailing address.

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50. Pb-Q

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Provide a copy of your psychological evaluation report prepared

by Dr. Robert E. Hunter [referenced on page 5, Summary of
Hearing and Recommendation of the [Nevada] Committee, with
Certificate of Mailing, dated 20 September 2002]. If you do not
have a copy, please have Dr. Hunter forward one to me in the
San Francisco office .

AI 1N1 '

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Keep in mind that the Rules Regulating Admission to Practice Law in

California provide that an applicant has a continuing duty to update response
to questions in all applications whenever there is an addition to or change in
information previously furnished, (pursuant to Rule VI, Section 7, of the Rules).

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..

We appreciate your consideration in this matter. In order to facilitate our

investigation, please provide the information by September 19, 2003 .

MI BRAoHN

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Please feel free to call me if I cafl be of further assistance to you.

MUM'!\'

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Sincerely,

L.l--j.< .t

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/

Kathy Crary
Moral Character Analyst
(415) 538-2593
Enclosures
address changes:

State Bar Admissions

Attn: Dianne Alexander
1149 S. Hill Sireet
Los Angeles. CA 90015

;;,'l
,

(775) S2 1-706S

ZaobCougblio@bo.OOOl
lobs. K.a!hy C'"'Y.

State Bar of Califom.ia

AdmissioDS
180 Howard Sl
San Francisco CA 94105

Septrmbcr 15, 2003,

Dear Mrs. Crmy
My DeW addless is:
63 1 Humboldt FRNT

Rcoo. Nevada 89509

A$ to ~~ that 1send in III t;;Opy of Dr. Huotcr's rqJQrt, my IrttOI"l1eY Jerome Flshkin hills ind::e:tc:d be will n:spood
r~=

Si.neerely.
Zac:h Cvt.ghllI!

. ICClpy ofDr, H1mtets report, my attomey

Jerome Fishkui has indicated he will

-.

ZlchCOUghlin

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Jerome Fishkin
ATTOR.~,Y

AT LAW

p,,",ON1;:: +IS_40,P)00

PAX: <41s.7811190

October 3. 2003
KATHV CnARv
Moral Cnarocter Analyst
COl'TY\"Iittee of Bar Examiners
State Bor of California
180 Howard Street

San Froncisco CA 9~l05

fax 538.2304

Zachary Coughlin - Your 1# 295-86-4380

Dear Ms. Clory'

lhis win confirm thot I represent Zachary Coughlin In the maHer of his California Bor
application.

I hove misplaced your very loslletler to Mr . Coughlin; p lease fax me a COpy.

Please re-set the due dole to 17,2003.
very truly yours.

---

1'i-n,c OF BAR EXAMINERS OF

STJ~TE BAR OF CALIFORNIA
OF ADMISSIONS
180 HOWARD STREET. SAN FRANCISCO, CALIFORNIA 94105 -1639 (415) 538-2303

April 22,2004

PERSONAL AND CONFIDENTIAL

Jerome Fishkin
169 Pine St #627
San Francisco CA 94104

JONNL DODD

RE:

Zachary Coughlin

Dear Mr. Fishkin:

O"'l>rlo

GALAl. So GOUGH. M,O.

In previous correspondence we have requested the following:

HtIlIIbIpxs BNCh

,,""""lIE C HENDERSON
$.tr:~......."",

ANDREW J HOPWOOD
s.,..'" F~ Spring.
JAME5 B. HUSSEY

HYACtNTH LEUS

DAVIDA LOW
IAN MA1.KENHORST

H"",,"Zf<HI

s.-c~h

Ast4E :'"HEEHAN

"',101<"

M VOULOBOS

LDsUlpia

lEE H. WALLALH
UIJ ~ ..zda

ZACHARY WF"HSLER
LoJAllpa

..,mE. .

8 WElN8ERG
sp Fruci.c(!

..,'.........,""ff

Provide a copy of your client's psychological evaluation report

prepared by Dr. Robert E. Hunter [referenced on page 5,
Summary of Hearing and Recommendation of the [Nevada]
Committee, with Certificate of Mailing, dated 20 September
2002]. Please have Dr. Hunter forward one to me in the San
Francisco office.
Keep in mind that the Rules Regulating Admission to Practice Law in
California provide that an applicant has a continuing duty to update
response to questions in all applications whenever there is an addition to or
change in information previously furnished, (pursuant to Rule VI, Section 7,
of the Rules).
We appreciate your consideration in this matter. In order to facilitate our
Investigation, please provide the information by May 7, 2004.
If we do not receive this information by July 21,2004, your client's
application will be deemed abandoned pursuant to Rule X, Section 2(d) of
the Rules Regulating AdmIssIOn to PractIce Law In Caltfornia. Thereafter if
he wishes to proceed with the moral character determination process, he'
will be required to file a NEW Application for Determination of Moral
Character and pay the fee associated with that application .
Please feel free to ca ll me if I can be of further assistance to you.
Sincerely,

25~

Moral Character Analyst

(415) 5382593
Enclosures

COMMITTEE OF BAR EXAMINERS OF

THE STATE BAR OF CALIFORNIA
OFFICE OF ADMISSIONS
180 HOWARD STREET. SAN FRANCISCO, CAl.IFORNIA 94105.1639 (41S) S38BO}

May 4,2004

PERSONAL AND CONFIDENTIAL

CMjr

.s..F,.,ft<U>
~I.DECASTRO
,......... a...ir

S4l! JIn~

Jerome Fishkin
369 Pine St #627
San Francisco CA 94 104

DEAN E. DEl-.",'1S
L.n.A.I...
IOHNLOOOO

RE:

Zachary Coughlin

Dear Mr. Fishkin:

OIlIl1,io

<iALA.L S. GOUGH. MO.

HlI1I'Ult,OII Bettcl,

WiIITNIE. C HENDERSON
ANDREW J HOPWOOD

s...... F. Sp""V
JA."i"!, f) Hl SSEY

MY ACTNTH 1.OS
DAVIDA LOW
.$ou-r"",...",

'IJVlAN MAl..KNHORST
HII1I 4ttPM&=1t

ANNl' [ SHEEHAN

LEE H. WA1.LACH
ZACHARy WECHS1.R
1m AIlXOtln
_

. . . . B WEIl'JBERO

In previous correspondence we have requested the following :

Provide a copy of your client's psychological evaluation report
prepared by Dr. Robert E. Hunter [referenced on page 5,
Summary of Hearing and Recommendation of the [Nevada]
Committee, with Certificate of Mailing, dated 20 September
2002]. Please have Dr. Hunter fOlWard one to me in th e San
Francisco office.
Keep in mind that the Rules Regulating Artrru."'." - to Practice Law in
California provide that an applicant has a CG'i;.;;;(!,~ duty to update
response to questions in all appli cations whenever there is an addition to or
change in information previously furn ished , (pursuant to Rul e VI, Section 7,
of the Rules).
We appreciate your consideration in this matter. In order to facilitate our
investigation, please provide the information by May 14, 2004.
If we do not receive this information by August 4,2004, your client's
application will be deemed abandoned pursuant to Rule X, Section 2(d) of
the Rules Regulatmg AdmiSSion to Practice Law in California. Thereafter if
h~ wishes t~ proce~d with the mor~1 c~aracter deter~ination process, he'
will be reqUired to file a NEW Application for Determination of Moral
Character and pay the fee associated with that application.
Please feel free to call me if I can be of further assistance to you.
Sincerely,

~o-~."1
Kathy Crary
Moral Character Analyst

(415) 5~82593

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ChrislilUl..'I(!'n. Esq.

lhis it> h' \""nfimll)ur phone coO\~til.1::; rt'e,'1Uding. Mr. Coughlin. He hl1S been under
ID~

'are at this office sin...-e 4-2-02 aM continues to rccc:ne outpatient psychotberap)' for

his diagnt.)s~ Aojustrul:'nt Reru:tlo,)o lDS~U\' Diagno.<;tk Code 309.9). We. bs,'c m<:1 for ft
Illl1tll.)r t'I

scssiou:\ thus far. including a Mental StDtus E.xamiMtion and an Initinl Clinic.'\!
IS compliant \\ith Iherap} and appears to be! deriving some bene.fit from

lnlM\'iew. He
IMrn:\o,.~o;..".

AdjU!\u~c.~t R~~tion is

B benign ~)chological die,goosis. It implies a 'normal' person

un..Jerllol ng substantial situational stress. Mr. Coughlin is by history a VCfY high
funCUl)ni~ and high pcrfonuing young mM. He was 81\\'80)'5 at or near the head of his
da."~. ",u.-; a I"C"Qgnind 3thlete and was always popular and suoce.ssful. His recent
situati~'11 \\,lh th(' Nenuls Bar is unique in his c..'tperience and hllS been e.,''tI'CItlely
strcs-<;ful f(u Mr. Cnughlin as it represents the first time be bss been in the role ofs
trouHcJ or potentially unfit pe[SOn. His e"Q'COle emotions] reBCtion al the initial SIlT
hl!'.nring is lndicative ofthi~. as his resultant sleep and 3ppetitc disrurban and
senmllized allxiety: He is mal..-lng progres$ with hls S)mptoms and his cu.rrent level of

functioning is ex.cellent

I tltNngly ~Iit'\'e that fo,lr. Coughlin is fit for th(' proctice ofls.w He hIlS nu moral or
cha.ractemlogicn.l shortcomin&. no A.'\ts I or IT psychistr1c or psychological disorocr other
thun Adj ustment Reaction, and he js eager to llSSume his rightful place befo~ the Rat_
Despite the ob.,;ous lapSe iujudgment e,;tknt in some orhis f\..'CC1\t Actions, 'which I
attribute to strtSS, he shov.1i e.'i:cellent prt:-morbid adjusuneot and displays no sign of
imrainnent. Feel free 1\.1 contact this office if further infunnstion would be useful.

Sincereh-.

;?S~tf;

Robert E Hunter. PhD,

Li=sed Clinical Psychologist #11 S

'lL,

STATE BAR OF NEVADA

eoo Eu1 CherteMon Blvd.

LH Vltg... NV 88104
702 382-2200
800-25'.2197
h l( 7023852871
1325 Ai r",otiv(l Way.

S .. ill! 110
Fltl(\(). NV 89S02
77!i-3 29 4 100
F<l )( 7753290522

May 17, 2004

www.nvbar.org

K;HhyCrary

The Stale Bar of Cali fom in

Office of Ad missions
Re: Zach Coughlin
Dear Kathy,

~LAllf

VeGl'!>

Iruc.

"NO

T. BIte5 ley

~I

W.

B!'1Idsh~w

VIncent A. Cons .. 1
VlGAS

With regard to your rt:qucst for <111 update oflhe above n:l.mM appl icant, it
appears that Me. Coughlin's Nevadi! C:ldmission LS still defeno;;d. He was
eligib le 10 n:-apply for uumission in October of 2003. However, hc has yet to
do so.
The Director of AJmissiolls, Patrice Eichman, Esq., spoke with the applicant's
attorney, Michael Sanft on Jaflllary 11, 2004 and explained that the ;'Ipplica.nl
needed to subm1l" rcquel\t for admis!>lOn tD The Ch,lf<lcte! and fitness
Committee for their review She reitcr::ld to M:" S.!nft that 11 woul d benefit
the applicant 10 supply reports [rom h1~ ,;'" :::d,:{ :mJ, due to hIS January
2003 ;,trrcst lor D,U,J.. provHle proof ot hif> 'lltC . ,IJ.llC~ ill AA meetings.
1n March of2004 the applicant sent:\I1 email to Ms. Eichman req\,esting
infol111."lioll on IllS SI.llllS. She g(lve him iI. run-down of what she had
previollsly explained to his atloI1lCY. She :J.sked the apphC;,lnt to adv ise oi"his
decision in the matter and to verify whether or not he was still represented by

counsel. He has not respondeo.

Please kt me know iryou need any additional infonm lliot).
Th,nk You,

O te&CZ-

Admissions Investigator

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Ma y 27,2004
PERSONAL AND COt'W1DO--IT1AL

'NATlIM"L WOU'f

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S- .... .
:lEAN E or:>;",'I!>

Jerome Fishkin
369 Pine SI #627
San Francisco CA 941 04

to - ,4,"FIn
.10 ,co L. DODO

To ..

_.

..,. :::LY T.AN :O"SSI'I':

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'-SO ltSON

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to:.
DAV: -

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Dear Mr Fishkin:
After reviewing your client' s Application for Determination of Moral
Character, I have determined that further review by the Subcommittee on
Moral Character of the Committee of Bar Examiners will be necessary due
to your client's 2001 arrest for resisting arrest, evading a police officer and
obstructing a police officer, disciplinary history at the University of
Nevada's Boyd School of Law, and the 2003 conviction for reckless drlvjng.

J.Ow

~"'IO

L\." MA1Jt.~HOR.S'"1
".,,1iqOo" &.::I.
~E

Zachary Coughlin

Mu

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R E:

The Subcommittee on Moral Character will review your application at the

next scheduled meeting, which will be in June 2004.

Ii. SIIECHA.'O
Sur_~I~

This further review will be undertaken pursuant to Rule X of the Rufes

Regulating Admission to Practice Law in California. I have enclosed a copy
of Rule X of the Rules for your review.

, . rrJC ~U.I. VtllAUlUO!

t..oJA ..~ln

.F..';H. WAL.!.ALlI

u,.A .. pId
LAtliAilY \\"ECHSUR

I am sensitive to the emotional and financial pressures you are facing as

you prepare for admission to practice law in California. Please feel free to
call me if you have any further questions regarding this letter or if I can be

UuA .. ~ln

MATTHEWB WElS'BERO

s.- FrTI~cu'"

AI A." ;0. ycx.;rea.soN

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of any further assistance to you.

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cerely,

.-

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Debra Murphy Lawson

Director for Moral Character Determinations
Enclosure

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Zachary B. Coughlin
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COMMITTEE OF BAR EXAMINERS OF

THE STATE BAR OF CALIFORNIA
OFFICE OF ADMISSIONS
\80 HOWARD STREET' SAN FRANCISCO. CALIFORNIA 9410S1639 (415) 538-2303

JCIrIAT1lANL wOU1'

0"."
s....F_rilco
MARK J. DECASTRO
V;a-CNJir

June 15, 2004

PERSONAL & CONFIDENTIAL

SallJo.c

DEAN E- DENNIS
u..A~~/Q

JOHN L DODD
BEVEfU. Y lEAS GASSNER

GALALs'GOUOH.M.D

Hwft"~'0tI8ttJch

WliITNIl-.'- HENDERSON
AS!lP>N ! HOPWOOD
So ..... Fe Sp,,~gJ
JAMES B HUSSEY
IITAI INTH LEUS
Los ,01"",/."

OAVIDA. LOW
I, 'A..."I \!-1J(..ENHORST

... NNE E- SHEEHAN

,.... tPJClA. M VILlALOBOS
IA. A.6cl~J

L.EE!I WALLAClf

Jerome Fishkin, Esq.

369 Pine Street, Suite 627
San Francisco, California 94104
Re:

Zachary Barker Coughlin

Dear Mr. Fishkin:

The Subcommittee on Moral Character ("Subcommittee") of the Committee
of Bar Examiners ("Committee") will be further considering your client's
Application for Determination of Moral Character for admission to practice law
in California at its July 2004 meeting. In preparation for that meeting, I have
been asked to invite your client to meet with representatives of the
Subcommittee at the offices of the State Bar of California, 180 Howard Street
(cross street - Main), San Francisco, California 941 05-1639, on Thursday,
July 8,2004, at 10:30 a.m. in an informai ~cttjng to discuss his 2001 arrest
for resisting arrest, evading a police offiCBf .,;'rd obstructing a police officer,
2003 conviction for driving under the infl.ie"'r,~. conduct while a student at the
University of Nevada-Las Vegas School of Law, employment in the law
school's library, candor and, generally, whether he Is of good moral character
as required by Section 6060 of the California Business and Professions Code
and Rule X, Rules Regulating Admission to Practice Law in California.

1M Aftr<'/a

l,ACHAAV WECHS!.ER.

LoIA_geln

"'ATTHEW Ii WEINBERG
30M F,..ciJttJ

OIfaofMooirJio,oI. S4f
lOOME BRAUN
~ Adolinlo~'

While this will be an informal conference, it will be tape recorded and your
client may be represented by counsel. The Committee's counsel and staff
involved in processing applications may observe the conference. but will not
participate, ,Your client client can receive a copy of the tape recording if he
makes a wntten request.
Ple~se understand that there is no requir~ment t,hat your client participate in
an Informal conference, The SubcommIttee WIll draw no inferences if he
chooses to decline. It is extending this invitation in the hope Ihat an informal
conference Will enable a SWift complellon 10 the processing of his application.

QAYU: E- MURPHY

'33

.100 I

Zachary Barker Coughlin

Please lelthis office know whether or not your client accepts the subcommittee's invitation
by returning the enclosed form on or before June 28, 2004. If your client needs to

reschedule his. informal conference for a later date, please notify us o~ the form, an.d we
will schedule hIs conference for the next date conferences will be held on San FranCISco.
It is the Subcommittee's policy to permit an applicant to postpone his or her informal
conference for no more than 90 days from the date of the first scheduled conference. If
an apphcant does not attend a conference in that time period, the SubcommIttee may
make a determination based on the information before it.
If, after agreeing to a date for your client's informal conference, he finds that he needs to
postpone it, please notify us as soon as possible. It is the subcommittee's policy to permIt
an apphcant to reschedule a previously agreed upon informal conference only If the
request is received more than five (5) days prior to the date of the scheduled conference.
If an applicant fails to make his or her request more than five (5) days prior to the
scheduled ~onference, the Subcommittee may deny the request and may make a
determination based on the information before it.
Please note that your client's informal conference will be held at the offices of the State Bar
of Califomia at 180 Howard Street (cross st reet - Mai n), in San Francisco. Please sign
in with the Reception and Security personnel on the ground floor Lobby. In accordance
with the security procedures of the State Bar of California, all applicants and any counsel
accompanying them to informal conferences art ,lJbject to a metal detector search to
ensure that no weapons are present.
Don't forget that the Rules Regulating Admission to Practice Law in California require that
your client keep his application for admission up-to-date by advising this office whenever
there is a change to information previously furnished. A co py of Rule X is enclosed for his

convenience.
If you have any questions, please feel free to contact this office.
Sincerely,

D~uJwson

Director, Moral Character Determinations

Enclosures
Subcommittee on Moral Character

INFORMAL CONFERENCE CONFIRMATION FORM - S.F.

Please complete this form and fax it to (415) 538-2304 on or before June 28, 2004.

NAME:

ZACHARY BARKER COUGHLIN

DATE AND TIME

OF INFORMAL CONFERENCE:
LOCATION:

THURSDAY, JULY 8, 2004 -10:30 AM

180 Howard Street (cross street - Main)

San Francisco, California 94105-1639

Please mark one of the following:

I will be able to attend as indicated above.
I would like to attend an informal conference but am unable to do so on the date
indicated above.
I decline to participate in the informal conference.

My daytime telephone number is:,_ _ _ _ _ _ _ __

COMMENTS:

Date

Signature

Fox5S23OoI

. . . . . , _ . ,. . . . 4110

... CII>IlICotton "'Zachar( Coughln .

. . hod bien ~ to the USPfO offer a molol choracter review

P ,

THE COMMITTEE OF BAR EXAMINERS OF

THE STATE BAR OF CALIFORNIA
OFFICE OF ADMISSIONS
180 HOWARD STREET SAN FRANCISCO, CALIFORNIA 9410$.16H (415) $)8.1JOl

JONA TlIAN L WOlFF

CAair

June 29, 2004

MARl( J. OECASTRO
V.... C...."

...~

s..~J

DEAN E. DENNIS
i.<>JA..,.to

JOHN L DODD
Tw(;~

BEVUJ. Y JEAN GASSNER

OnllUi(}

(,ALAL S. GOUGH. M.D.

Jerome Fishkin, Esq.

369 Pine Street, Suile 627

San FranCiSCO, California 94104

Re:
AN:)R.EW J. HOPWOOD
SuooFtSpnllp

Zachary Barker Coughlin

Dear Mr. Fishkin:

JAMESO. HUSSEY

s:.~ P~f"(J
HYACINTHLEUS
i.<>JA..,.lo
DAVIDA. LOW
VlVJAN MAt.K.a.""HORST
II"~(;"~",, 8nl<h
II.PQo:E E. SHEEHAN

PA1RJ<lA M. V!LlALOBOS
i.<>J ,l.",lu
LEE H WAlLACH
W,l.",1u

u.nu.JlY WECHSLER.
WA.a

Please be informed that it became necessary to change the time of Mr.

Coughlin's informal conference on Thursday. July 8. 2004 to 11 :50 a.m.
AU other details remain.
If you have any questions, pleaSE te~. rr{;e to contact this office.

Si'f~Y'

P;jr))~)daw';:;:::;;/(I.;'son

Debra
Director, Moral Character Determinations

MATTHEWS. WEINBERG

cc: Subcommittee on Moral Character

..

.... - ....

wr _ . _

1781 -7290

Jerome Fishkin
ArrU\~NFYATu..W

PHON!::: 41$.43.1300
FAX: ~1~7Ih7Z90

, 'PINE S'UICUT SUlT1-; 6';7

SAN FRANCISCO CA 91104

jeromc@FisbkinLaw.com

July 2. 2004

DEBRA MURPHY LAWSON. Esq.

Director. Morol Character Determinations
Committee 01 Bm Examiners
State Bar of California
180 Howard Street
Son I-ranC1SCO CA 94105
Fax 538.2304
Zachary Coughlin - Your II 295-86-4380
Deor Ms. Lowson:
Tt-is w\l confirm the change of lime lor me lr'll0rmOI conference with Zoct'loJY CUUyl lli!l.
to ~uly 8.200.:1. 11 :50 am We will be there.
Your letter of June 16, 2004, refers, inter aha. to 0 - . 2003 conviction for driving under

'he influence._ .. Tne acfual conviction was 0 ' Dry Reckless, non-olco hol re lated"
Jnder Col Veh C 23103; see enclosed m inute order.

"e

Pleose remember thOt Mr. Coughlin has been odmitted t(

U';PTO a lte r a moral
character review. We hove previou~!y submitted the aree: of ,1d-nlsslon.

Thank you for yoU! onention to thi6 motter.

Very truly yours.

__ ......

.....

DEF

~,.... IV"I'I.AIo.' 'J

CASE

XREF

3914133

03TOOSl3; MtJN'I

0'/27/1976

DATE FILED: 02/11/2003

ARREST ~: 06120891-01

ClIP - SACW>lEN1'O NORTH

SET:
$1,054.00
POSTED'

BOND It:

STATUS: 9536

DEfENSE:

TYPE:

50l':':IIS1 VIOLP.TED :

{ eT 11

01 23/:!003

VC

231S2 (Al

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I
COUllty 01 S(l.~r ,. ~I;iO

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1

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~s EXCEPT OUTSTMm ING WARRANTS ON TOP Of THIS

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a.-' *1"'Clt"9 10 rloml )C'll d She s:a~5d op.-"f' ..:e:its- ~~ for

ct Uofaf ":~ara.-~ -ne ~ ~ 5& E.t:a-~
..-c.;,rr... ~ -:ee'" Q:)es "'C! bebeYe it OS rcrlt r. I P::: s~ \::; recx-~ )Cd'
oert s ac'~c-" t: -:.e ~ ~ 01 C~L ~"'!"'-.s ;u-s... 3rt 1.: 1he
'::)e!~a::IOI"I

pn:r.~$JCCS oI-q~ X. of ~ O?-",*s ~~ A~Q"':'" ID ~~ce :.aw r.

~~ w:;'.:.:fes" ~r the.:~ ....'IS :!f'C!:;e.: t ...... YOt.-"I' d\ie:"'::'s
a~ w;J be hetj in ace-,Of'loC'9 _'"ti J~r..~!)' ~3. Z:JC5 50 l--e
~ r.ay eIodl". . :ste ~ S 1'1:!CO't'el')- irofr'. aIcoOOI a:x.sc -':le; ~~
reQI.Z"es U".at ~T"~ pa..-...c.,ate irt ..-.a S:.:e Sa!' cf c.aL.~..a 50 JA')'efS
Ass.:s:ance Pnx;""3.... '_:'~, 'A~":. r..as ~ es!.i:::"~:- II) p:;)riQe
~3r'ce 'MI." ~"tal 'lea.!."; and s...o~:ar.ce ,:use -~-S tt,.) -e-(:Jei:'S ':If
:he lega- proies;S.ll....",-,:," ~ ~ the pror.;:'30."-I cEer's are s.,:....,""Sla"'.~" ;..,:: ac:.
Sheet/S e~ _ -\P.e-rJaf'lU3ry :3. 2~5 .l-'e ~";.:!e~~~~
process'n~ ~~,. ~.!s 3:~:<-V:. ar.d.:.;..:AIE: ~ ~ 5.,,-~,:, ~
adr:"~":ed to pra..""'tlCe i~ U1 Ca:_~.A 3S$~~ --e ':las ~e::: aJl 0; r-.e
otner requ7'ements for ad,.....,ss:oc
The a!:!e)'3!"'Ct? stiputalXX'l ...... st be ~ ~X~ 3;"1C ~ t: 'I ~ C::e:i.
pursuant to Rille X, SectiocI4 of L....e R;;-es a.-::. e'JdC:S'""i the eng-a. an:
one copy of the snp...;.'aoon ,n 3..-id.t.()l"'. :.a', e ~-~ 3 ;;;::J'::f d. th;
A.betance POOcy t"'.at '$ ~:ed ~ the s~tJo.,.... ~ease "'a."i!:
dler.! Sign the sncclatiOn and re\.Jm the org!Ui ~ '\;':-9ust 13, 2\N.i \..~
copy IS for your chent's re<X)l'tj.s

,r::A6

y our d~r.rs alcohol abuse probI-etr: rr~s! toe ::-or_~.yed t, a ,:o;..a:._~al ~.:.
from the LAP dunng ttle abe~"'3nc:e penoa- 't~'T c,e:",~ ::~: ~ a "\Va.''e7
of Con.fidentlalrty and. Reiease of Intoc'r..atxlr. !C' ;A......,.le ~t t"::r.:". t"le
LAP to report the e.... .aluation and flnd~~ :0 ~e C-."C..:...-;~ as reo..:rec tw
the aoeyance stipulahon.

JOHI''' ICDIJO<:C
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CII~nt ugrt~o~ to (hl~ abtlvnn\.~~' 'll11'\lhIUOn, \1\\1 j\~\I\I\\ Il\w\\ \hu \ 1\\' whu \N\\\ InfU\\\f.f
S ecovt.ry will submit rtlPQ11::; dUfll'\lll", :lhl\Vill\~H P\l110(\ ttl \h\1 n\()Htl (.hann.:.\f,r "l"'\a\~M
who .wllI be monltonn~l hiS abuytlnc,u -1 ht,) mUI,I\ t~h,\t1'chH \. \1\1\\)'\1\ (I~~\Onf)d \0 )'OU1 c\\en\'!\

application will provide tho

dt.~,ldhnt.' d~'h)s

ttl! tho

abeyance stipulation

H\pOlt~,

whon

no

rO\Ufn!'\ the

~\gned

~ailure to comply, with, the tenns 01 tho aboyanco stipul.,tion IS admissible In mora\
character proceedings In the State B~r COLIrt "ntllho Supreme Courl of California
. "l the event your client does not agree to this nbeyance stipulation, his applicatIOn Will be
'evlewed by the Committee for a further deCision which could result in denial of admission
If) practice law in California . If the Committee denies your client's Application for
Determination of Moral Character, pursunnt to Rule X, Section 5 of the Rules , he may fil.
an application for a formal hearing before the State Bar COUIt with respc:t to whetll", hiS
application should be approved.

Please feel free to contact thi~ office, if you have ~ny furthe; q"eslions regarding (his
abeyance sllpulation or if I can be of any further assistance to your client.

bra Murphy Lat.is'On

Director for Moral Character Determinations

Enclosures

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lHIJf\ ' ., ,111 h'-I t - ' HIUh I.. ",1 l!lI' ". 1111\1" .... n l , nvh'wllll1 hi" !\\l\l\\l:l.\\km l or Do\onT\\nO\ion
t..1""1r 1 ""-"I~\ " 'I 111111,111, hI I'vi~h'nll' "I tt Inl\WIlIY 11 \H '1 tlh.:nhn\ n\)U$u

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hM' Y n .. , kpt (:",,"hlll,'. I Pl."
Y II nil' ,1 \nll101~ lbll!;10 will bu monitorod by an agent
n thta l ,.\\) "I M "\ ~11'tldl" I "ll\,' \ 1111 ("I 1\11"/ lnchaty Bnrkor Coughlin authorizes the
lV(I,

"

li1tl)n (\I lt'IIlillil) In till' I 1\\ oily d"d ,'\ I1H\lt1I1i1I ~~ ~uhlllllllld in connllctlon wllh the
\, Ifr..\tlOII I WllH'I.
h.u y "011 kur Cnllqhlln I\HI~l ~I\lr. . ,I "Wtllvor ot Confidentiality and
4ftr:~~I:tO ("t 1hlllll,IIII)O' til ;llll1w till' .Iqt'll t III rop('IIl 1Mtl uVlIluatlOn and findings to lhe
(dnf

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1\) 'l'W'V" 111(' ~llllltJd "IIPlll, ,lilll1 .lq.lIultlt'nl by Augusl 13, 2004 w,ll void the

(ipIII,,!!, III

.Ie 11111 YIll.. kll' Gtlll\)I'1I1\ .Illt,.,," III Ih" lll llll~ allhu llboY'lIlc(;! strpulallon as spec,fied

I\h~vmlCll ~)l'lIcy Iltt.H~htld ;\lU! IllnHpOIH\tld ,-1$ p;.ut of this stipulation. Failure to
,11\' With Hit' t"llIlt. tlf ttH' tb\I\'.lI ~"o :itlr'lAutlml l~ ~ldl11l~Slblo in moral character
(' ihll 11\ II,,) ~~t.,hl 1\.1\ l;\ullt illHI thl.! Sllpn-:IIl"lt..' Court of Calilornia .

",-,t

t
nn ,I.""""",. 1'J , :.!Oi)!), th'J ( :(I;l li11Itl,lll !.hnll l O~lln lfl Its Inquiry and complete the same
(n """,:;:\1 t to tilt''' 111111' hlTlIb I \lPI.IO. 111111 1~,lIl .1 X 01 tho Fit/Jut; RtJQuldting Adrnission 10 Practice
i trw ill (,"."'Utlll,)
hl'l:l .... tlp .. lillllll'

lHlt.1II1~

tilll

whplt! nl

lilt' ,hJIt'llrllCnt

bdw\~OI1 tilt) Committee and the

~l'pliC!'ln\

0.\\('<1

UI1\O(\

( ) luCTimy Burkpr C911ghlin

If, ')!d/

'J~~~jllffrU'..,. '"~-

1)lror.tOI,

Morul~.h'lr~

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JUIV

22.

DI!IRA MURPHY LAWSON, Esq.

0:: X -Of, Moral Character Determinations

:ornrntHee of Sor Examiners
State 80r of CaHforniC
60 Howard Street
~m Frar.clsc:o CA 94105
Fox 538.2304

Zachary Coughlin - Your' 295-86-4380

~t'

Ms. .. OWSOI'l

enclosed please find the Signed abeyance agreement far Zachary Coughlin .

.. ,01

Ie you for your attention to this matter.

Very truly yours,

iI!'

III '1,1.{;. lilt tor

\"CO!1l1"'1I~O') ~',I\pUlates tlnd agrees ",'11 z.achal"l

Ba1"-..e1"
rtot

"jlnl~,l>lon to p'<lChC<" law b.;tfort11ho Sup,eMO Cou

_......... " .... " .. (,f I I 'If E- lUI!l llnflf:,i

GPI'llhllll,

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CaNcffl\a .

ap~'Caf'l's

r
I n \ furUwl ."quif"{ If""'Jtn,1 il.' , )ll1pldlOIl (11 tho nlural cha 3ct'lT
..1 nof
1,J, k'll<l' ';\!j
1'0 noll! In ,)hny.ln"ll until January 13. 2005 This shpulat 0 oi
I, .. ,,1, ,I.;d Inip with thl.l ;1PPfl,..... d III thl.l CQlllrniltce
with Ihe agreement of tr;e 3PpiloC31'1.t
"c:huql fltH".,:- COll{)hlln. f"r In,) (ll.q:;:l:"1 ot n3Vle\\inQ his Application for Oetermll1ation
f 1\4,.",1 Ch:Il.wli" ttl ont, ,to evallldlC3 hi; Teeo'ief), lrom <:llcOhol abuse.

~h. 11I

3n~

F1,III~oJrCOllyhlil1's rt'C{)Ver~'

A~;:::,r..tal~I:U Pr,)qr~lm

<)~e:yance

au'~rizes

Tilid la.:h.uy
fr.:lln alcohol ab\Jsew'li be mOnitored D) .an ag.e:"'.:
lrol11lltl't Lnwyor ..
CLAP'). Zachar)' SC\rkcr Coughlin
l.1ie
n
CIIIllIl1M'I" 10 fllif'.I,..! t'l th.' lAP ."\ny
in ,:.;:nnec1.JC w'tn ti",e
IIPP!U
,'Itlttll'!, l.:u:hnry 8\1rknr Coughll!!
sign a Wai..er of Confldentia' ar;:l
1,'/""."1',,' 'Jt 'III"
j, 11111':\'/
.:,1<''''1 le'
tr,o::>
tl',;}

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\11,~

~t1d ~It materi3i~

sub!Tiitt~
rr.:.J~1

.~.
"''':I\'~Jti:):l ~"'.1 f~d;'~~ ~~

r~i-,:,r:

~ign(ld ~;t\p\Jl;)lior.

Il, "'

I Iu U:(:l}lo,.l' 111:;
agreemp.nt b-y August 13. 200.$ .....;U void tl'le
11\;11 \;)Illi t
LltllW,Ull ~llp\Jltltl' In
Thill Zllc hnty BOlrkor cougtlltn ,qft1US to tilt)
of
abeyan::e stipulatk'n
as speciDed
t
In Itln Ahl'ylllll.;O Policy
and Incorr;or-<lted as Pi:lrt of this stl?ula :,;y1 Fall.:'"e to
I .,mp!'" w,th Ih.'
of thE>
I';' a.jrn:ssibte rn moral charscter
1 '" ,1.lli:r .. ::II'1 II".
B,ll" Cltut ant:i II" $'... I'nilme C:CUft 01 Calil0rnlO

t~rrns th~

<-lu~\chet.1
\'~Itn:,
al~-2y~W,;':9 :';lI~'L;abon
,it:l'.~

~C\15. ~! .. C. ,lll'i\h~~ sha\' r('~Jtne liS ~t":q;.;;ry ,":-l:~ ~J"T\plete- the same

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l'l:r ' . 0 11.1 It' trrt"! I II' '.J !. 'Il'\-.

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Jerome Fishkin
ATIORNEY AT LAw

369 PINE STREET SUITE 627

PHONE: 415.43.130

FAX: 415.78I.7290

SAN FRANcIsco CA 94-104-

Jerome@FishkinLaw .com
January 12, 2005

DEBRA MURPHY LAWSON, Esq.

DjTect~r. Moral Character Determinations
Committee of Bar Examiners
State Bor of California
180 Howard Street

San Francisco CA 94105

Fox 536.2304

Zachary Coughlin - Your # 295-86-4380

Dear Ms. Lawson:

The Abevance time Is about to expire for Mr. Coughlin. We therefore provide you with

updated Information. for the Committee's conSideration.

Mr. Coughlin has been admitted to practice before the United Slates Potent &

Trademark Office. Copies of the relevant documents are enclosed at Tab A.

The Nevada Board of Bar Examiners has recommended that he now be admitted to
practice in Nevada. Its Report is enclosed at Tob 8. The Consent Agreement Is
at Tob C.
Mr. Coughlin has been a regular participant in Alcoholics Anonymous and lawyers
Concerned for lawyers. The latter Is the Nevada equivalent of The Other Bar. Under
Tab 0 are his attendance sheets, along with a letter of reference from Mr. Coughlin's
AA sponsor. These documents were sent to Ms. poley as his repOlf.
Mr. Coughlin's recent letter to Pam Poley is 01 Tob E. This was sent In anticipation of her
report to you.
Enclosed at Tab F ore four additional letters of reference. I call your special attention to
the letter from attorney Kelly Testolin of lone & Lone, as it addresses in great detail, Mr.
Coughlin's participation in the 12 steps and his continued dedication to recovery.
The exhibits directly address The committee's concern about Mr. Coughlin's alcoholism
and his recovery. Mr. Coughlin'S paperwork-Indicates that he Is In recovery, that his
recovery Is stable, that his fellow partiCipants can attest to his stability In recovery, He
has been admitted to the USPTO.
The Nevada Board of Bar Examiners has recommended that he now be admitted to
practice In Nevada. We request that CBX recommend his admission 10 plOctice In
California.
Very truly yours.

EXHIBIT

100 I

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UNITED STATES PATENT AND TRADEMARK OFFICE

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Zachary B. Coughlin
has made appfication for registration and has complied with af! of the requirements of Jaw and the rules of
the UrTited States Patent and Trademark Office for registration on the 2nd day of May 2003. Now,

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therefore, the Director of tl/e United States Patent and Trademark Office, pursuant to the authority
conferred by statute, does hereby license the above-named applicant as an

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to practice before the United Slates Patent and rrademark Office in Patent Cases.

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In Witness Whereof, the seal of the Uflitedi:rats Patent and

Trademark Office and the signature of the Direct r of the United

Stales Patent and Trademark_Office are hereblt
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UNIUO STATES

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1!Ij!'" PATENT AND
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G.neral Coo"",!
WashingTon, DC 20231
_.usplo.gov

May 6, 2003

Zachary B. Coughlin
1044 W 1st Street
Reno, NY 89503

Congraruiations. Your application for registration to practice in patent cases before the
U.S. Patent and Trademark Office has been given final approval. Your date of
registration is 2nd day of May 2003.
Enclosed is your reglstration certificate. Vou may now properly hold yourself out as
registered patent Agent. Your registration Dwnber is 53,905.

II

All pape~ filed by you in the U.S. Patent and Trademark Office should include your
registration number under your signature. Because your registration is now approved, do
Dot use the ideotirying provisional leHer "loP before your ree;isfTation number in
future communications to the Office.
Your name and address will appear in the roster of anomeys and agents as shown above.
Please review the above address for accuracy. Please note, at the present time, our
database wjlJ not carry the last four numbers of nine-digit zip codes. Any changes or
corrections must be brought to the attention of Box OED, U.S. Patent and Trademark
Office, P.O. Box 2327, Arlington, VA 22202.2327, Attn; LouWilda Turner (703.306.
4097). Failure to keep your address current could result in your name being removed
&om the register. 37CFR 10.11(b).

Shirley A. Brown
Paralegal SpeciaJist
Office of Enroll men I and Discipline

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IN THE SUPREME COURT OF NEVADA

IN RE: APPLICATION OF
ZACHARY B. COUGHLIN
FOR ADMISSIONS TO THE PRACTICE
OFLAWlNTHESTATEOFNEVADA

)
)
}

Case No.

11-------------------)
RECOMMENDATION AND CONSENT AGREEMENT

After a fonnal hearing conducted by the Committee on Moral Characler and Fitness, the Nevada
Board of BlIT Exammers ("Board"), by and through Michael Rowe, Esq., Chair of the Committee on
Moral Chancier and Fitness ("Committee") submits this Rewrrunendation and Consent Agreement
("Agreement") to the Court relating 10 the application of ZACHARY B. COUGHLIN ("COUGHLIN")

for admission to the Nevada State Bar.

J3

RECOMMENDATION
is

It is the recommendation of the Committee on Mon.1 Character and Fitness that COUGHLIN" be

admined to the Nevada Bar; provided. however, said admissIOn shall be conditioned on and subject to
J1

the lenns and condItions of probation as sel for1h in this Agreement. The probationary period shall be
monitored by and IhrOUgh the office of Bar Counsel of the Stale Bar of Nevada, and any alleged

J8

violation of this Agrernlent and/or me tenns and conditions of Probation shall be brought before the
!9

Conunittee on Moral Character and Fitne~s Hearing Panel ("Hearing Pane!'1-

20
21

CONSENT AGREEMENT
22

COUGHLJN hereby agrees and consents to his conditional admission to practice law in the State
23

of Nevada conditioned on and subject to the following tenns and CQnditions of probation. The period of

"
"

probation shall be for a period of three (3) years from the date of the coun order admitting applicant or
such olher 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 COWlSe~ and full compliance with the conditions

r~
2

set forth below. and upon wrinen 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.

I.

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

(.)

,
10

(b)

(0)

attend at least one AA meeting per week and verify his anendance in a Cl,uarterly

statement to the Office of Bar Counsel;

(d)

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

quarterly statement to the Office of Bar Counsel;

"
]6

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

records;

JJ
14

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

Examiner.; with proof of same;

"
12

During the period of probation, COUGHLIN' agrees to:

(0)

submit quanerly sworn statements 10 the Offiee of Bar Counsel during the probationary

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

(0

J1

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

IB

Bat of Nevada

]9

2.

20

in the Agreemmt, and the costs thereof shall be paid by COUGHLIN before lenni nation of the

21

probationary period.

22

3.

2J

brought before the Hearing Panel by Bar Counsel. Upon ten (10) days wrinen Notice to COUGHLIN,

24

the Panel may convene to detennine if II violation of probation has occurred and what action, if any,

25

should be taken.

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

Any alleged violation. however de minimis, ofthe terms and conditions of probation may be

VII1I/,VV, IV~ Iq:ql fAA

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If the Hearing Panel determines that the alleged violation(s) is not proved, no further action will
2

be: taken. if the Hearing Panel finds that a violation oftrus Agreement occurred, it may rcconunend to

the Supreme COW1 revocation of the conditional license. If the Hearing Panel determines that the

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

,
,

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

4.

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

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

Northern Nevada Disciplinary Board. If the disciplinilI}' screening panel recommends anything other

I.

than dismissal. such findings shaH be submitted to the Hearing Panel. The Hearing Panel may. upon len

"

(10) days written notice to COUGHUN, convene a hearing to detennine the impaGt oflhese findings on
COUGHLll'I's probation. Based upon the existence of a finding of anything other than dismissal, the

12

Hearing Panel may reconunend revocation of the probationary license. If the Hearing Panel detcnnines

13

that the violation does not rise to the

14

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

"

appropriate.

I~el

of revocation, the Hearing Panel may recommend to the

16

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

17

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

18

of probation. The Hearing Panel may, upon ten (10) days written notice to COUGHLll'I, COnvene a

"

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

20

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

2J

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

22

license. If the Hearing Panel determines that the violation does not rise to the level of revocation. the

23

Hearing Panel may recommend 10 the Supreme Court the extension or imposition of such addiLional

l4

terms of probation as it deems appropriate.

"
3

Based upon the

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Although the Hearing Panel may consider any alleged new disciplinary grievances in terms of
2

3
4

,
6

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

be imposed as a result of a diSCiplinary hearing on any new grievances.

5.

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

JUs complianee with the terms and conditions of probation.

6.

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

If circumstances so warrant, the Office of the Bar Counsel andlor the Hearing Panel may petition

9
10

II

ACKNOWLF,DGMENT
I, Zachary B. Coughlin, bave read this Consent Agreement and fully understand its contents.

12

have sought the advice of an allomey or have freeJy waived the necessity of seeking such COWlse) prior

13

to executing this Agreement. I understand that this Asreem.ent will not become effective if the Nevada

14

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

"

and conditions contained herein.

16

""?in

I~e~""g

Executed on this -L day ofS8JI~r. 2004.

17

"

(u"'~ ...b..r-

day ofSeplCliibel, 2004.

19

Respectfully submitted,

20

COMMmEE ON MORAL
~HARACTER AND FITNESS

21

6 '.

"

.,

Michael Rowe, Chair

23

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

24

25

,D 0 S

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, (11 0
EXHIBIT C

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IN THE SUPREME COURT OF THE STATE OF NEVADA

2
3

4
5

IN RE APPLICANTS FOR ADMISSION

TO THE STATE BAR OF NEVADA BY
EXAMINATION HELD IN RENO,
NEVADA AND LAS VEGAS, NEVADA,
JULY 24-26, 2001

)
)
)
)

6
7

IN RE ADMISSION OF
ZACHARY B_ COUGHLJN TO PRAcnCE
LAW IN THE STATE OF NEVADA

)
)

REPORT OF THE
BOARD OF BAR EXAMlNERS AND THE
CHARACTER AND FITNESS COMMITTEE

10
II
12

13

14
J5
16
17

18

TO, THE HONORABLE CHIEF JUST1CE AND ASSOCIATE JUSTICES OF THE

SUPREME COURT OF THE STATE OF NEVADA,
COMES NOW, [he Board of Bar E;<aminers ("BOARD") and its subcommittee, the
Committee on Moral Character and

FiIDCSS,

and respectfully reports Ihe fOllowing:

I.
By Order dated December 18, 2002, this Court deferred the admission of ZACHARY B

19

COUGHLIN ("COUGHLIN") as an attorney and counselor allaw in all the couns of this state until

20

Octoher 01,2003, provided however, said deferral was conditioned on and subject to the fOllowing

21

terms and conditions:

22

Specifically. the tems and conditions of the deferral agreement required that COUGHLfl\l;

23
24

2S

(a) submit fo counseling by a licensed Ph.D. psychologist, with such counseling sessions to
OCcur at least monthly, or more frcquenUy if deemed appropriate by the psychologist, and to

abide by any Course oflreatment deemed necessary and recommended by the psychologist, and

to provide the Board of Bar Examiners wlfh proof of same;

26
27

28

(b) submit a signed release allowing the State Bar of Nevada actess to any counseling records;
(c) ,ubm;t qu.nedy 'Worn ""ement, to the Office ofB., Counsel during the pmbationary
1

II DI

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period aUeSling to his compliance with the conditions set forth in this agreemeot;

2
3

(d) abide by the Nevada Supreme Court Rules and Rules of Professional Conduct of the State
Bar of Nevada.

4
5

The BOARD, having reviewed all of the evidence before it. now reports that COUGHLIN bas

successfully completed and fully complied with all of the teons and conditions of his deferral

agreement throughout the entirety of the deferral period. Although not a violation of his deferral

8
9

agreement, COUGlil.D'J disclosed to the Board that in January of2003, he was arrested for Driving

Und.er the lnfluence and on March 11 ,2003, he pled guilty 10 Reckless Drivmg. The Board reports

10
11

that COUGHLIN has submined evIdence of his regular aucndance al Alcoholics Anonymous (AA)

12

and Lawyers Concerned for Lawyers meetings. (See Exhibits #1-3). The Board also reports that on

13

May 2. 2003, COUGHLIN was admitted as an Agent to practice before the United States Patent and

14

Tnldemark Office. (See Exhibits #4 and #5). Tbe Board. therefore, finds that COUGHLIN should be

15

conditionally admitted to the State Bar of Nevada to allow the State Bar to continue to monitor his

16
psychological and alcohol counseling.

17

n.

18
19

The BOARD therefore recorrunends that COUGHLlN be admi.tted to the State Bar of Nevada.

20

condilioned on the terms of admission set forth in the Reconunendation and Consent Agreement attached

21

as Exhibit A in accordance with SCR 49.7

22
23

DATED this __ day of December, 2004.

24
25

Richard Trachok II. Chair

Nevada Bar #0002206
201 West Liberty Street, Suite #300

26

Reno, NY 89501

27
28

(775) 786-8000

IfjUUilUJO

2
J
4
CERT/F1CA TE OF MAILiNG

6
7
8
9

10
II

The foregoing SUMMARy OF HEARJNG AND RECOMMENDA TJONS OF THE

COMMITTEE was served On;

Zachary B. Coughlin
clo KCUh Lee, Esq.
Law Offices of Keith Lee

3400 Kauai 0. Suire 204

Reno, Nevada 89~09

12

13

by m",ling a copy thereof, firs<-class mail, postage prepaid on the 20th day of December, 2004 .

14

IS
16

of rhe Slare Bar of Nevada

17

18
19

20
21

22
23

24
2S

26
27

28

I'

013

11 I l~
EXHIBIT D

1255 JOlles St. '132

Rello, NV 88503
ZachCouoblln@ho!mall,com

775338 8118

November 30, 2004

Mrs. Pam Polley, MFT
Lawyer's Assistance Program
1149 S. Hill St.
Los Angeles, CA 90015
Dear Mrs. Polley,
This correspondence is meant to act as the report called for in the July, 2004 Abeyance Agreement that
I entered into with the State Bar of Califomia's Committee of Bar Excminers. Induded you wilt find a
letter of recommendation frem my sponsor, Kelly Testolin, Esq., as well as signatures that I have
collected attesting to my attendance at meetings of Alcoholics Anonymous. Also, among the
signatures you will find regular weekly attendance at the State Bar of Nevada's uLawyers Concerned for
Lawyers". Please do not hesitate to lei me know if there is anything more I need to do to be in
compliance with the Abeyance Agreemen~ which calls for an agent from the LAP to monitor my
recovery from alcohol abuse during the abeyance period.

Sincerely,

, [I
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HALE LANE

- - - - _ A T T O R H E Y S AT L A W - - - - 54~1 K"'~h

L..... ' ~cood Floor \ R.,..,. N...da 89S11

Ttl.pbo .... (77S) 3273000) fatsinlil. (77S) 7866179
Websi!.- hnpJ/www.h.I.La~_tom

October 27, 2004

Ect.:.rd E".....,n Hale

(!929t~1)

To:

The State Bar of Nevada and

The Nevada Supreme Court

Re:

Zach Cougblin

~veupe

J Sleph.cn Peek
Kiren 0 lX"nilon

R Crail Ho .... ard

SJephen V !"oVlceJ;;
Ricblrd L Elmore
Riebli'd Ben~u

Alex J Aanr.u
K<1Sli .. B McMillin
June's L Kelly
KIIllyTulolin
N_ f'1u-ict fla~glQ
Matlhnt E Waodb.. d
Mic:hI!lle D_ Mul1ins
RolC" W. Jeppson
uo;;;< C Earl
Jcrml)' J ,,"ork
David A Gareil
F...d D. Gibson. III
ElISSa F Cadish

Timothy "- Lukas

; 'ctJeri. k . Schnud,
1amc:I "",,,,un
-idG LeGnnd
R

So"",n
Re'Uy

c.llemg
;e,." '.1 ~nydcf
ElR1U C EckcnJey
~~J=rn:t R. Baudler

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Dear Sirs:
I am proud to recommend a close personal friend, 2ach Coughlin, as a member of the
Nevada Bar. I was asked to write as one who has functioned in the capacity of a
mentor or sponsor to 2ach, but I would first like to say a few words about him as a
student of recovery.
Zach is a highly intelligent, perceptive young man. J came to know him in March of
2003, and through a shared friend, was introduced to 2ach. 2ach requested that I
work with him in his recovery from alcohol abuse and in getting his life back on track.
2ach grew in learning, in character, in depth of understanding. ] personally witnessed
2ach attend 90 meetings of Alcoholics Anonymous in 90 days between March 2003
and July 2003. He was a regular at the 6:45 a.m. "Beginners AIe Winners" meeting
that meets each day of the week. At that time I don't think Zach appreciated fully the
seriousness of his situation, as he failed to gather signatures attesting to his attendance
at these meetings. He has since started collecting signatures at each meeting he
attends and his current collections numbers over one hundred signatures, each
signature representing a one hour meeting of Alcoholics Anonymous. Further, 1 am
aware that 2ach has checked out and listened to audio cassettes of over 200 speaker
meetings (one hour long personal narratives from A.A. member attesting to own story
and its courage strength and hope) from Reno's main office of Alcoholics
Anonymous.
2ach is constantly trying to better himself. He has taken great efforts to read the best
self help literature directed at the difficulties he is faced with, including many books
and handbooks on depression, attention deficit hyperactivity disorder, adult children
of alcoholics, chronic pain, relapse prevention, spirituality, and a large number of
other texts devoted to recovery and personal improvement.
I
i

He seeks truth in each and every area of his life, whether in learning, discussing
philosophy, or relating to his colleagues and fellow man. Because of his positive
disposition, his reflective way of operating, and all of the character traits that make
HALE LANE PEEK DENNISON AND HOWARD
LAS VEGAS OffiCE, 2300 Wesl Sahm Avenue:) Eigh!h floor) Box 8 ) Las Vegas. NeYJda 89102) Pbone (702) 222.2500) facsnniic (702) l"S.6940
CARSON CITY OfFICE- 777 Ea>l W,lham S~e! ) Suil~ 200) Carson Cily. N~v.da 89701 ) Phone (775) 684.6(00) facsimile (71S) 6846001

',_'JM A 'J'COOCS'.HLRNOI)OCS'I416792\1

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OClober 27, 2004

Page 2

,..

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""ALE LANE

him so special, Zach's questions never go unanswered. and his searches always bring him to
exciting new discoveries. As a student of recovery, 2ach is outstanding. As a sponsor, I have
watched him grow, seen his understanding and abilities not only in the context of our weekly one
hour meetings (which have totaled to nearly 40 hours), but when interacting with the myriad
types ofpeopJe in our fellowship, as well.
Zach has done every single thing I have asked him to do in order to further his recovery. This
has included meeting on Saturday mornings for an hour each week to read recovery literature

and work on each of the 12 steps of Alcoholics Anonymous.

Doing so has involved an

enormous amount of self searching and personal bettemlenl, neither of which, from my
experience, comes without an enormous amount of individual effort, honesty, open-mindedness,
and willingness. 2ach has regularly attended the weekJy meetings of the State Bar of Nevada's
"Lawyers Concerned for Lawyers." Additionally, Zach has taken great effort and care to
perform amends for the wrong he has done. This has included caUing each and every party at the
Boyd School of Law whom he offended and apologizing with clarity and specificity for each of
his transgressions. He has attempted to make restitution for the movie theater incident and has
served to hours of community service (handling calls and preparing pamphlets at Reno's main
office of Alcoholics Anonymous) in atonement for his dry reckless driving conviction. Further,
2ach has performed a good deal. of community service in the form of making coffee for
Alcoholics Anonymous meetings, helping to set up and put away chairs at meetings, and lending
support to fellow AA's.
Certainly there is no question whatsoever that Zach has what illakes to make a fine attorney. He
passed three of the most difficult bar exams in the country in a malter of 15 months (the Nevada,
California, and Patent bar exams). He made the Dean's List several times while at the Boyd
School of Law and was a member of Boyd's law review, The Nevada Law Journal. 2ach
maintained a high g.p.a while eanling a B.S. in Biology during his time at the University of
Washington and the University of Nevada, Reno.
His work ethic is further demonstrated by his accomplishments as an athlete. 2ach was selected
as a 2 nd learn All-State basketball player in Nevada's large school division in both 1994 and
1995. He was AU-League three limes. In 1995 the Nevada-Appeal chose Zach as the large
school division Player of the Year for Northern Nevada High School Basketball. Zach was also
a National Merit Finalist and member of the National Honor Society in high school. In addition
Zach 1S an extremely accomplished musician who plays severa] instruments and has done much
composing.

Always, in his work, Zach is consistent, dedicated and passionate, enthusiastic, cheerful, and a
pleasure to work with. He has incredible creative energies and a refreshing idealism tempered
only enough to accomplish what needs to be done. I highly recommend him for any position of
work, leadership, education, or any other capacity in which he can spread his excitement and
share his talents with others. This most certainly includes being a member of the Nevada Bar.
Zach has already been a member of the Patent Bar for over a year.

OOM/l..IPCOOCS\HLRNOOOCS'l4I619:!11

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October 27> 2004
Page 3
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--.
H .o,.LE LAN E

In my opinion, it is vitally important that we give people like Zach a chance. It would surely set
a very dispiriting example if a young man like Zach, whose infractions were relatively minor
(in~olving personality much more than principle), whose efforts at amelioration have been
legIon, and whose dedication alld tenacity throughout his academic career has been profound
were not given a chance. It has been three and a half years since Zach passed the 2001 Nevada
bar exam, and as such there has been more than enough time for Zach to learn from his mistakes.
And indeed, Zach has learned from his mistakes and made more than enough effort to grow
sufficiently enough to be worthy of a license to practice law. For me, this is nol a close call at
alL
Thank you once again for the opportunity to recommend such a special and impressive young
man.
Very truly yours,

~n~/-

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Zach Coughlin, J.D.

1255 Jones # 132
Reno, NY 89503
7753388118
ZachCoughlin@hQtmail.com
Pam Poley, MFT
Lawyer's Assistance Program
J 149 S. Hill St.
Los Angeles, CA 90015
December 27th. 2004
Dear Ms. Poley,
Please accept this letter as a narrative relating to my recovery from alcohol use. I bave remained
sober during the entirety of the abeyance period.
In March of2003, J established a relationship with my sponsor, Kelly Testolin, Esq., and met
with him one hour a week to work the steps of Alcoholics Anonymous for 16 weeks. I also
attended ninety meetings in ninety days and served a coffee commitment for the Monday 8:00
a.m. "Eye Opener" A. A. meeting (Kelly's letter confums these A.A. related activities). I chiefly
attended the 6:45 a.m. "Beginners Are Winners meeting Monday through Saturday, in addition
to Cae Swobe's Thursday 7:00 p.m. "Lawyers Concerned For Lawyers" meeting, the Sunday
9:00 a.m. meeting at the Nugget. and a sampling of a great deal of other A.A. meetings.

I started collecting signatures verifying my attendance at A.A. meetings in April of 2004, in an

attempt to better document my recovery for the Court. I have amassed over 130 signatures since
April of2004 and met with my sponsor, Kelly Tesoolin, one hour a week for an additional 16
weeks. The sheets of paper on which these signatures appear may cause some confusion for the
reader. I would often quite spontaneously choose to go to an Alcoholics Anonymous meeting,
and I would frequ.ently need ~o use a new piece of paper for gathering a signature attesting to my
presence at a parbcular meebng. Thus, I gradually accumulated many sheets of paper with
signatures on them. .each h~ving a varie~ of dates on ~em. In total, ] have gone through all 12
steps two separate times With Mr. Testolm. Mr. Testohn has written me a strong letter of
recommendation.
I have attended Cae Swobe's weekly Lawyers Concerned for Lawyers closed Alcoholics
Anonymous meeting on a regular basis since March of 2003.
Since March of20~3, I have met wi~h my therapist, Oliver Ocskay, for 27 one hour
psychotherapy seSSIOns. These seSSions have focused on many different issues inel d'

u mg
harne. d &
recovery, my c
er elects, cogrntive behavioral therapy. stress reduction, and various other

UJ ' JII.!UU;! IU"u 14,;W

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personal issues. I met with Robert HWlter, Ph.D. approximately 10 times in 2002, each meeting
consisting of a one-bour session of psychotherapy.
Thank you for your assistance and please let me know if I can be of help to you in any way.

Sincerely.

Zach Coughlin, J.D.

DJ C

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EXHIBIT F

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J OHNSON AND HANAN

ATTORNE YS AT LAW
BANK ONE CEtm:R, SUITE 2750
100 N ORtH B ROADWAY AVENUE
O KLAliOMACl'ro', OKLAHOMA 73102
A. Scan JOHNSON
MARYS. HANAN

405/232-6 100 F.o;405/232-6105

J EFFREY L CRAIN
JOHN B. H JLL

ALExANDER C. VOSt.E:R
JON M. WJ LLlFORD

NIKIS. B ATI

P. E ILERS
JAMES DEE GRAVES
J USTIN

BRYAN E. STANTON

December 13,2004

Nevada Supreme Court

and

State Bar of Nevada

Re:

Mr. Zach Coughlin Letter of Recommendation

*

Detlr Sirs:
Zach worked under my supervision as legal researcher from March 2002 through June 2002_
My firm was practicing pro hac vice in Las Vegas on behalf of Sunrise Hospital and Co lumbia in
!lIe manerof Lewis v. Sunrise. His responsibili ties mcluded conducting research and motion writing,
..Ie checkmg, and doctlmenl reviews, in addition to some clerical duties. During the course of his
employment, 2ach proved himself to be an ab le employee, a hard worker, and a talented writer.
1 was qUlte unpressed by 2ach's abiilty to complete all work ass igned to h.im on lime, if not
before 11 was due. HIS research was always thorough and comprehensive, and his fact checking
lways accurate. We sometimes allow our legal assistants to do some writing, but Zach's talents
pron~pted us to assign him more pieces than the nDlm. HIS wri ling is clear, concise, and evocative.
Overall, Zach is a very consc ientious and able employee. 1 certainly believe he has what it
.. to make a wonderful attorney, as he possesses both the character and temperament necessary
blv perform this ro le. I strongly recommend 2ach for membership 10 the Nevada Bar.
Smcerely,

1BHids

03!'

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JOliN J. KADLIC
"nOIlNH' A,"L"w
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R~o. Nliv"oA. R<:lSOS

TIiU!I'HONt'

(775) 322-7099

FA>

(775)322-7511

December 9. 2004
To Whom h May CODCcm:
I am writing this letter on behalf ofZacic Coughlin who j, seeking adrNnion to the State Bar of
Nevada.

In my case. 1 ba'Ve knoWn ZBck Coughlin (ot over fiftoell yean. Jfl$ fatbcr. lim Coughlia, as woU
being Our fmu1y pb)1ician, is the god&.tber and his wife is the godmother of my daughter. Blair who
t!> now fourteen ye.a:r& old.
1 have had .. chance to watch Zack through his high sebool )"eaTS aM his entering coDcgc. He was
both .. cxcdk::nt studcQt as weil as a fine a\hleti(;. T W"4S very pleased when be choose to enter law
school
Sinoe his gn.duation from law school, I bsvc bad a number of opponuniti~ to speaIt to Zaclt. In
the past. 1 haveu!cd him to do somclcgal nsearchfor me. He did .. finejob inthu ngard and 1 usOO
his rC$CVCh in my pleadings.

I think Z.ck he matured 1$ a ;ndiv;dual and possesses the: qualities that would make him 11. fine
lawyer. It is my sincere hope thm he wiD be giVCfI the opportunity to practice law.

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Morishita Law Finn, L.LC

INTELLECTUAL PROPERTY LAW
ROBERT RYAN MOlUSH1TA

Registered Patent ,\lIorn"y

Utah anu N'evada Bar.;

2725 S Jonel! IlIvu . Sulu! 102

Las Vetas. f'levada 8914.6
tel pOl) 2222113

Of COUNSEL. HOW,\RD &. HOWA.RD P.C.

fmc (102) 227-11615

e-mail rrm@llndl:~onmOrishil8-com

October 13,2004

Slate Bar of Nevada

600 E. Charleston Blvd
Las Vegas, NY 89 I 04

Re:

Application ofZach Coughlin

To Whom It May Concern:

It is with sincere pleasure that I recommend the admission ofZach Coughlin to the State
Bar of Nevada. Zach worked with my firm as a law clerk from September to December 2002.
During that time, I directly supervised Zach. Zach performed competently and ethically in an the
work he performed. In my opinion, Zach has a moral character that would be an asset to our bar

association and our profession.

If you have any questions, please contact me.

Sincerely,

Robert Ryan Morishita

RRM:kdc

G:\Anderso n & Morishila\cOUghlin lettcr.wpd

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C. COE SWOBE

ATTORNEY AT LAW
3 Bret Harte Avenue

RENO, NEVADA 89509

December 9, 2004

To Whom It May Concern:

1 first met and became involved with Zach Coughlin's recovery from alcohol and
drug abuse following his first meeting in Las Vegas with the Character and Fitness
Committee of the State Bar ofN~ada. I observed him to be very intelligent and eager to
enter the pra.ctice of law. He passed the Nevada Bar exam in July of2001. the California
Bar in July of2002, and the Federal Patent and Trademark Office Bar examination in
October of2002 1 also observed he had a. serious problem with alcohol.
In September of 2002, the Character and Fitness Committee of the State Bar of
Nevada recommended to the Nevada Supreme Court that Zach Coughlin's admission into
the State Bar be placed on hold, pending further investigation.
Since September of2002, I have been in frequent contact with Zach, either
personally or by telephone. In Las Vegas, he met with Robert Hunter, Ph.D. and Oliver
Ocskay, Ph.D . to deal with recovery issues, developing stress reduction techniques and
anger. He also attended weekly meetings of Alcoholics Anonymous while in Las Vegas.
In February of2003, Zach moved back to Reno. where his parents reside,
continued his weekly meetings of Alcoholics Anonymous and obtained an Alcoholics
Anonymous sponsor. In the carly part of this year (2004). Zach began an even more
earnest attempt to live and demonstrate his recovCI)' from the disease ofalcohol and drug
abuse. He jncreased his attendance at AA. meetings and his contacts and interaction
with other recovering alcoholics. Since April 0(2004, he has collected signatures
verifying attendance at over 135 A.A. meetings and continues to meet weekly with his
AA. sponsor. I have personally attended with him a weekly A.A. meeting practically
every week this year. He has informed me that he has been clean and sober since
February 1, 2003 . I have no reason to believe otherwise. I have dis~ssed Zach's
recovery with other members of the legal profession who are members of Lawyers
Concerned for Lawyers in Nevada and we concluded that Zach Coughlin is doing the
right things to foster and build a solid program for recovery from the disease ofa1cohol
and drug abuse. I believe, from my observation ofZach's performance and attitude over
thc past twO years, that if he continues on his present path of abstaining from alcohol and
drugs, regularly attends A.A. meetings and (;Iosely associates with other recovering
members of the disease of alcohol and drug abuse, he will not relapse.

Uj/II I IUU~

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December 9, 2004
Page 2

, Bct:ause of the above observations and conclusions, 1 hereby urge that Zach be
admitted to practice law in the State of Nevada.
Very Sincerely.

C. Coe Swobe
CCSlkmf

, (13

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The Nevada SUpreme Court

(In..ltn)

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The State Bar of Nevada and

Ro:

Zach Cou:bllil

Dear Sin:

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t am proud to recommend & close persooal friend, Zach Coughlin, as a member of the
Nevada Bar. 1 was asked to write as ooe who has functioned in th. capacity of a
mentor or sponsor to Zach, but J would first like to say a It:W words about him as a
student of recovery.

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Zach is a highly intelli&eut, pe:rc;c:ptiyC young man. I c;amc to know him in March of
2003, and t1uougb sbared mead, was inIrodueod 10 Zacb. Zach reques1ed lhat 1
won:: with him in his reeove:y from alc;obol abusc and in getting his life bacJc. on track.
Zach grew in leamiDg. in charaoter, in depth of undrstmding. I personaUy witnessed
Zach attOlld 90 mcc:tings of Alcoholics Anonymous in 90 days bct"Ween March. 2003
and July 2003. He was a regular at the 6:45 un. uBeginru:rs Are WillDen" meeting
that Uloets each day of the week.. At that fune I don't think Zaeh appreciated fully the
sc:nousness ofhJs situation. as he failed to gather signatures attesting to hi& att4mdance
at these meetings. Hc bas since started collecting signatures ilt each meeting he
atteads lAd his cum:nt eoUeenoDS numbers OWl(" one bundred signatures, each
signature representing a ODe hour mectine of Alcoholics Anonymous. Further. 1 am
aware that Zacb has checked out U1d listened to audio cassctlO$ of over 200 spcakar
meetings (onl; hour 10Dg pc:lsonal narratives from A.A. mc:m.ber attesting to own story
aDd ita courage 5trm.8Ih md hope) ftom Reno's maio office of Alcoholics
Anonymous.
Zaeb is constantly trying to bettc:r himself. He has takeo groat elfom to read the best
sl;}f heJp litemur8 din:cted at thc diffiou1tic.s be i& faced with, iacludiDg many books

and handbooks on depression, attention deficit hyperactivity disorder, adult children

of alcoholics, chronic pain, relapse prevention, spirituality, and a J~ number of
other kQCts devoted to recovery md personal. improvement.
He seeks truth in each and cvcy area of his lifo, whether in learning., diseu&sing
philosophy, or relating to his coDeaguOi aDd renow man. BCCIUSCI of hiE: positive
disposition. his reflective way of operlltin& and all of the character traits that make
him so special. Zaeh's questions never go \LD.8DSwered, and his seard:l.C6 always briog

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Page 3

(involving personality much more than principle), whose; effortS at amelioration have been
legion. and 'Whose dedication and tmaeity throughout his academic caIc:Cf bas been profoWld
were not giVOD a chance. It has been 1hree and a half years since Zaclt passed the 2001 Nevada
bar exam, and as such 1bere has b~ more than enough time for Zacb to 1earn from his mistakes.
And indeed, Zach baa learned from his mistakes and made more than enough effort to grow
sufficiently l!::n.Ough to be worthy of a license to practice law_ For JIlC. this. is not a close call at
alL

Thank you once "ain for the opportunity to recOJDmeD.d such a special aDd impfN6,ive yollDg
maIL

,:Ot:lMlo~l"n\1


Jerome Fishkin
ATTORNEY AT LAW

PHONE: 415.43.130

FAX: 41578q290

369 PINE STREET SUITE 627

SAN FRANCISCO CA 94104

]erome@FishkinLaw,com

1127/05
DEBRA MURPHY LAWSON, Esq.
Director, Moral Choracter Determinations
Committee of Bor Examiners
State Bar of California
180 Howard Street
Son Francisco CA 94105
Fox 538.2304
Zachary Coughlin - Your # 295 -86-4380
Dear Ms. Lawson:

This is a follow up to my tetter of January 12, 2005, regarding the expiration of Mr.

Coughlin's abeyance.
Enclosed at TAB G are two letters from his treating psychologist to the Nevada State
BOI. They were sent prior to the recommendation of the Nevada State Bar that Mr.
Coughlin be admitted to practice there. Please show these letters to The Committee as
part of our package in support of Mr. Coughlin's request to be admitted in California.

Very truly yours,

100 I

--

EXHIBIT G
'(lll')

Oliver Ocskay, Ph.D.

(T.;;i;ai PSljeho!09":-

December I I 2(1)4
Parlier Firhmlin

State Rar (If' Nt:ViHJ"

I)(XJ E. Ol<llle!.hln 61 ~tI,
I ...... Vegas. NV 8911"1

I hay(: hern asked 10 wrilt: regarding pS)'chulu~u"aJ fr(",lUmenl wilh i1...1ch Coughw,. Mr. Coughlin
11<1$ been >l.th.:nding p~ychothcrapy sessions since 4i7.Rlln. He h<ls attended 24 sessionl<:.

Mr. Coughlin hl\~ been an <I{'tive panidram ill his tfeatmeoL He has continued \0 imprnvc hiS
ahllil) 10 lake /klsonaJ lespolJ~ihlliry tor his bchlivior. lie has {:nrllinm.:d lu minimi1C (he impact

(11 iJulhnntr coonicu and hypcrsen.~irjyi(y t:) criticism on his bcLt:.vjor fie: has contil1ll~d to U~
self-monitoring and !'.II~S reductioJ) lochlliqucs to cope wllh difficult silwlIiom:. These ,md olhc:1

cOf.nitive bc,ha"iorJl.J Slr.Uc:gico; have contributed 10 conunucd IIllprQvemeot

In hiS

ability to a.~.':C'ss

and r~p()mllo.a ~anely 01 SltuAhuns more eftccli~t'Jy and adaptively. He CQnliuuc~ Lv gi~c
I."-,.. ~ry indicafion thnt he i:; 011 I) coun:;e thaf is wor1unA well for h.Lm and h"lrin~ him to rNintain
Ihe slructulCS he needs 10 maintAm a consiSlenl poillero of ~ood jlkigement and adaptive lK:ha vi or

41

("/'1
I J "/"{'/'.n.}:1 .':1

,I"

Oliver Ocskay, Ph.D.

\U~tJ<;t

16.2004

Patrice Cic-hm:1II
60ft L. Charlcston Ahd
Stale Bar vi I\cv811d
La~ Vc~a:'.. ;\JV H~ I l.J.!.

r hH'e ref'n

ha, becn

.1Iik~d lu Write n:gaJdin.\l psychologIcal treatf1'}fflt wilh i"..1ch ("ou~hhn

Itll.cn\llll~ P\VdIOlhemp)' sc,-"inn:. :.in~ 4/28/03.

Mr Coughlin

Ilc hl1'; at1cndcd 21 session:..

Mr COU,e:hlin has Ix-NI an m~livc panicipam ill his Irl!ml1ltm. He ha:. iIllV,uY~J his ability (0 lak ..
JW"flllal n.:.~I~lnlilbility fu; his beha",ior. lie has learned to minimiu th,. ImraCI of lIurhoot)'
COMII(1s ilnd h)pt'rst'nsili\'ily In cri[ici.~m or. hi!. ~havjt)r. HI: hi'!!:i h:allu.:clLu u:.c self-monitoring
lnd str~ss reducli<lIl tl!chmques to cope ~'jtJl difficult J..illlabons. TheliC and otht'r ro,p:nitivl'
bcr.,ayjoral sTraleglr's haw impm'l'c.d his dbillty 10 nssess and respond In 11 "ariety of ~jlUativns
"111ft' cffcct.i\'dy aud 04daptiveJy. 'It: would o.:urrcnl/y ilPpcu t() be 011 ;t CUUfSt: Ilull j" wnrkin~
w~11 fur him .IIc1 tK-lrll1~ him [0 c$lablish fhe structures he will ncetlill rminl;lillll {!lUIt:
.'OI:!>lslcUI p.1ltern of ~uoc jucJ;.:cmcnf aud :ada.ptivc bcb:;'YI(K.

Sincerely.

(10 f,

THE COMMITTEE OF BAR EXAMINERS OF

THE STATE BAR OF CALIFORNIA
OFFICE OF ADMISSIONS
180 HOWARD STREET' SAN FRANCISCO. CALIFORNIA 9-410516)9 (415) 5)82)0)

February 10, 2005

JOHNL OODO

O",r
1io:r1j~

8!VEIll.Y JEAN GASSNER

PERSONAL AND CONFIDENTIAL

Jerome Fishkin
369 Pine St #627
San Francisco CA 94104

SCUTT W OAVENl'QRT
fn'IM

DEAN E DENNIS
Lt>J A"trla
!UMBERl.Y A GAAB

ItiAtAL S GOUGH. M D
H'''/fr"&<otiI BNCA

WJ!"TNl C HENDERSON

RE:

Abeyance, Zach Coughlin

Dear Mr. Fishkin:

.'

In the Stipulation for the abeyance of Zachary Coughlin, signed by Debra

Lawson on July 13, 2004 and by Mr. Coughlin on July 19, 2004, Mr.
Coughlin is instructed to Usign a Waiver of Confidentiality and Release of
Information", which allows the Lawyers Assistance Program staff to report
Mr. Coughlin's progress and evaluations to this office .

..v;O>RJ W 1 HOPWOOD
$4.ua F~ SprUrct

JAMES B HUSSEY

Sot_ P~Jrri
.fOHN W KIM
lJnA~$d~-

VlAN NALKENHORST

ANNE E. .sHEEHAN
,1 H WAl.l.ACH
Ll>s A~rrl~s

Apparently Mr. Coughlin has not completed this part of his abeyance, as
the LAP people will neither confirm or deny knowledge of Mr. Coughlin's
participation in any program associated with LAP or the State Bar of
California or State Bar of Nevada. In the past this means the Waiver is not
on file or has not been provided by the applicant.
Please have Mr. Coughlin contact the LAP program and the
individual/agent who has been monitoring his participation, acquire and
complete the Waiver, sending a copy to me and the original to the LAP.
Please feel free to call me jf I can be of further assistance to you.

MATTHEWB WEINBERG

Sincerely,

',;rt
.(
F- tr... c.... ......
0JPa tI{AUtin,_ SIGIf
JEROME BRAUN

. . . ,ocw, .... AJ"ou...,

...

nA YU E. MUJU'HY
Pinc;r. ,-'fGl'.

..,. ..,.-

JOHN" RODRlGUfZ
~

w.r.1tA. Ml..-1U'HY LA WSO~

D.ne"".
It..J~~;,,,,dD<r

L ,- ,

Kathy Crary ()
Moral Character Analyst
(415) 538-2593
Enclosures

Jerome Fishkin
AlTORNEYATl..AW

PHONE: 415.43.130
FAX: 415.78'.719

)69 PINE STREET SUITE 627

SAN FRANCISCO CA 94104

Jerome@FishkinLaw.com

3/9/05
KATHY CRARY
Moral Character Analyst
Committee of Bar Examiners
State Bar of California
'80 Howard Street
Son Francisco CA 94105

Fox 538.2304

You, # 295-86-4380

Dear Ms. Crary:

This is a follow up to your letter of February 10. 2005.
There was a misunderstanding among LAP, CBX, and Mr. Coughlin. Once Mr. Coughlin
contacted LAP, LAP sent him a sign up package as if he would be a full participant. It
was our understanding that LAP had a more limited purpose, that is, to monitor and
report on his participation in Nevada's program.
As shown In the pack.age sent to you on January 12, 2005. Mr. Coughlin lives and works
in Nevada. He participates in Alcoholics Anonymous there. He participates in "Lawyers
Concerned for Lawyers, ~ which is similar to the LAP program.
The problem of a LAP report was exacerbated by our delayed contact with LAP, and
LAP's last minute presentation of its standard consent form for full, in state participants.
Otherwise, we could have detected the problem sooner and let you know sooner.
We never understood that Mr. Coughlin would be required to enroll In a duplicate
California program or participate In one. Rather, it has been our understanding that
LAP hod a more limited purpose, which was to report to CBX about Mr. Coughlin's
participation In Nevada.
Therefore, we request that your office send to LAP, a more precise statement of what Its
Circumscribed role is, and what Mr. Coughlin is expected to provide them.

Very truly yours,

,
EXHIBIT

I 4t?-

10 U I

THE CL..,fMITTEE OF BAR EXAMII'. .,RS OF

THE STATE BAR OF CALIFORNIA

-- .-

OFFICE OF ADMISSIONS
1 80 H O WARD S T REET' SA N FRAN CISCO. CAL I FORN I A 94105 1639 (" 5) 5 38 2)0)

, "o"',"itlft of Btlr utl"Ufltrr

March 22, 2005

PERSONAL AND CONFIDENTIAL

JOHN t. 0000

CIo",r
r",/ ...

BEVERtY JEAN G ... SSNER

SCOTT W O... VENPO RT

DEAN E. DENNIS

Jerome Fishkin
369 Pine St #627
San Francisco CA 94104

RE:

Abeyance, Zach Coughlin

KIMBERLY ... G... AB

Dear Mr. Fishkin:

GALAL S GOUGH. M,D

WHJTNl.E C HENDERSON
", ... RY ...NN M HERUKY

This is in response to your letter dated March 9, 2005, and sent to Kathy
Crary, regarding the abeyance of Zach Coughlin 's moral character
application.

s.,,, ),,u
... "''DREW J HOPWOOD

s..,.Ilt Fl' Spn" v

JAMES B HUSSEY
JOHN W. KlM
LtJ. A..,..ln
-

),-......1AN M .....Ku.'HORST

MARTHA PRUDESKAMITER
l.tuA"pln
AtlNE E SHEEIV.I'J

LEr H WALLACH

Mr. Coughlin's Abeyance Stipulation requires that his abeyance be

monitored by the Lawyers Assistance Program. This program has been
designed to handle, and routinely does monitor, persons who live out-ofstate as well as California residents .
Until Mr. Coughlin enrolls in th e State Bar of California's Lawyers
Assistance Program, he is not fulfilling the terms of his Abeyance
Stipulation .
If he does not enroll in the Lawyers Assistance Program by April 15,2005,
the Committee of Bar Examiners will be considering his application in light
of his failure to comply with the abeyance stipulation .

iotA THofEW B wElN8ERG

JEJt.OME BRAUN
".,... "'~rw.~. A ......."...

rely,
"-"\. ~

./' '~. ' ;' /;fdlJYV)--

ebra Murphy Lawson, Director

Moral Character Determinations

v.... YLE E MURPHY

Dt~~.

Ad""'.""""' ....

.JOHN l. ItODRlGUEZ
tIor..,.. 0,...-" AIGNIf~JII
DEB ..... WUIU'HY LAWSON
DifCCIOr,

",_, A.,.., ... ~"UlllOIU

DEAN E B .... ItBIERl
D~.

&_i.,.1ic>ou

EXHIBIT

I 1:3

Jerome Fishkin
ATfORNEY AT LAW

369 PINE STREET SUITE 6 2 7

SAN FRANCISCO CA 94'04

PHONE: 415.43.130
FAX: 41578I.7290

]erome@FishkinLaw.com
April 15. 2005

DEBRA MURPHY LAWSON. Esq.

Director. Moral Character Determinations
Committee of Bar Examiners
State Bar 01 California
180 Howard Street
Son Fronclsco CA 94105
Fox 538.2304
Zachary Coughlin - Your # 295-86-4380
Dear Ms. Lawson:

Zoch Coughlin was granted admission to the Nevada Bar on March 22. 2005. A copy of
the order is enclosed as Exhibit G, following my exhibit designations on previous letters

to

YOU.

Very truly yours,

::0

"TJ
"TJ

",-

>()

zm

l>

;g
jJffi

Zo ...,

1;::

"'-
818
0

li

~m
~

11

100 I
-~

- -

lIU ;:

EXHIBIT G

IN THE SUPREME COURT OF THE STATE OF NEVADA

IN RE APPLICANTS FOR ADMISSION
TO THE STATE BAR OF NEVADA BY
EXAMINATION HELD IN RENO,
NEVADA, AND LAS VEGAS, NEVADA,
ON JULY 24,25, AND 26, 2001.

fll.ED
MAy 2 2005

IN RE: ADMISSION OF ZACHARY B.

COUGHLIN TO PRACTICE LAW IN
THE STATE OF NEVADA.

.J,~~"~.

~r~

't

(~';"'O-f",

ORDER ADMITTING APPLICANT

TO THE STATE BAR OF NEVADA
On December 18, 2002, this court issued an order deferring
our consideration of Zachary B. Coughlin's application for admission to
practice law until October 1, 2003.

Our order set forth certain

requirements for Mr. Coughlin to meet during the deferral period and
directed the Board of Bar Examiners to file a supplemental report and
recommendation regarding this applicant at the conclusion of the deferral
period. The Board of Bar Examiners, on December 21, 2004, submitted its
supplem ental report to the court.
In its report to this court filed October 5, 2001, the Board of
Bar Examiners reported that the Zachary B. Coughlin wrote the 2001 bar
examination, received a total scaled score of not less than 75, and a scaled
score of not less than 75 on each of at least three essay questions; however,
..
this applicant had not submitted evidence of having complied with the

'

rules for admission as set forth by this court.

In its December 2004

supplemental report, the Board advises that Mr. Coughlin has successfully
completed and fully complied with all of the terms and conditions imposed

.--

,c-

Ou~

by this court throughout the entirety of the deferral period, and that Mr.
Coughlin has now submitted evidence of compliance with the rules of this
court.

The Board therefore recommends that Zachary B. Coughlin be

given favorable consideration by this court for admission to membership in

the State Bar of Nevada and to practice law in the State of Nevada.
Further, the Board recommends that his admission be conditioned on and
subject to the terms and conditions of probation as set forth in the
Recommendation and Consent Agreement relating to his application.
It appears from said report that the applicant recommended
for admission has: (1) attained his majority; (2) demonstrated suitable
moral character; (3) received a degree of juris doctor or bachelor of laws, or
an equivalent law degree, from a law school accredited by the American
Bar Association; or received an education which the Supreme Court has

determined to be functionally equivalent to that received at schools

accredited by the American Bar Association; (4) received a total scaled
score of not less than 75 on the 2001 bar examination, a scaled score of not

less than 75 on each of at least three essay questions, and a scaled score of
not

less

than

85

on

the

Multistate

Professional

Responsibility

Examination; and (5) otherwise complied with the rules for admission set
forth by the Supreme Court of Nevada.
IT IS HEREBY ORDERED that the following applicant be
admitted as an attorney and counselor at law in all the courts of this
State, with all privileges relating thereto, upon complying with the
requirements of the law relative to such admission; however, said
admission shall be conditioned on and subject to the terms and conditions

-....

of probation as set forth in the Recommendation and Consent Agreement

relating to his application:
Zachary B. Coughlin
Dated

this.J~day of March, 2005.

g.,~~JL..

, C.J.

Becker
'-

J.
Maupin

~~
Dt;Zas

J.
Gibbons

Ha'rdesty

cc:

J.

J.

Richard M. Trachok, II, Chair, Board of Bar Examiners

Michael S. Rowe, Chair, Character & Fitness Committee
Thomas D. Beatty, Chair, Functional Equivalency Committee
Patrice Eichman, Admissions Director, State Bar of Nevada
Keith Lee
Zachary B. Coughlin

3
",.

J.

~pr

13

as

03:38p

'orne F 1 shk 1 n

(,,1.

781-7290

p .

LAWYER A!i!STANCE l:R.QGRAM

l!iV MUAlI!.I~ ~

7. lietI C0 0 Gjj LIN

- .. . .

/YI"IO (lrt-Or"l'2,)

. am an applicant ,eeking .. 01 ..11011 fo.

bj

~"",,*!~ft m the LAWYER ASSISTANCE PROGRAM (hereinafter ;'Program"

or LAP ). I he!clJy acknowledge rrry understandiD8 of the fulloWing:

~iW>o l>edIIiod Ie ....t willi the ~""e. COllllllitle. for ...........

~rMllHi8ft te

Ei&rmire iflam ep,ref'Fiate feF BBEI WeuM hetteiit No.

pEUtie~BIiett as the Progxwa.

, In meat the etrtetHt fet &eoepteMe iBtc the Pragram, the'B'ffth:te9:9& Call1Mitl"$C
",tHo abe dctamine the tenus oem) Pa:rtiipation AgteeluenL

The purpose of this document is to set forth the ierms HDd conditions of my
partioipolion in the Prognm during the ovoluolion _ .

Pending the findings of the Evaluation Committee, I agree to comply with the following
U
terms Blld conditions:
C>I(..cMw/rLO'

/Awl ,.
/
1Z; (,<z=,,"'i
I
weel"as directed, the
," ~

L I will attend OlIO f'acilimted Group meetings per

at
assigned location. Ifl om unable to altOt1d. I will contact the Group FacililHtor
or my Case Manager prior to said absc:ne. If I must miss. Group meeting,I
will makl>-UP the missed meeting by agreement with my Case Manager.
2. I will attend
81O ...

I-

ev . '\

(UI.--)

abstinence-based self-help meeti.Dgs (or ___ IteaiII>

_otiftPiiS...._

).

cd<' flb)""Iit:'" A~y>WV51

11<>,,0, fila"',/..(

3. If rcq~ to do so, I wiD obtain an addiction evaluation and/or psychiatric

c'W'aluation and arrange for the report to be sent to the Progtam,

4. I will provide
IIDli _

00"""
for the Program to obtain all pertinent medical, legal
Ie<ORls as
'"'I~'

5. I will abstain from the use of alcohol and all psychotropic drugs except those
prescribed for me by physician under ooDSUltation with the Program.
6, I will report to my Case Manager all rer.-nnal u.<:e (lfpr~ption medications.
I will provide cop;"" of all """"",,onding prescriptions.

:/'

.'

.'

of

7, I wnnwill.edUUcly report to my Case Manager or Group facilitator any

relaiiie or use of any unauthoriwl drug or alcohoL

will

... .. .... ~

Ir C-L

8. I
provide nwdom, observed biological fluid specimecs as requested/The
resuJts of !he laboratory drug sc.-ing wiU be provided to the Program. I
will.ptly the fees for oolloction and te:rting at the time of the collection.

30 9 PINE STREET SUITE 6'7

SAN FRANcIsco CA 94 lO4

ArrORNEY AT LAw

PHONE: 4'5.43. 130

jerome@FishkinLaw.com

FAX: 415.781.7290

April 15, 2005

DEBRA MURPHY LAWSON, Esq.
Dlrect~r, Moral Character Determinations
Committee of Bar Examiners
State Bar of California
180 Howard Street
San Francisco CA 94105
Fox 538.2304
Zachary Coughlin. Your # 295.86.4380
Dear Ms. Lawson:

This is a follow up to your letter of March 22, 2005.

In my conversation With Pom Poley, I was advised that LAP wonts a full sign up of loch
COughlin. It is my understanding that The Committee was not requiring a full sign up,

only a more limited monitoring of Mr. Coughlin's ongoing programs in Nevadaparticipation in lawyers Concerned for lawyers and particlpatron is his local Alcoholics

Anonymous.

Based on my understanding. I hove sent to Ms. Poley a limited authorization and

release. signed by Mr. Coughlin and witnessed by a notary public. A copy of my

package Is enclosed with this letter.

Mr Coughlin Is certainly willing to be monitored. He is not willing to sign a blank check

for full participation in LAP. He is already well into the LCL program, and he is now
moving from applicant status to lawyer status in Nevada. It would be unfair to Mr.
Coughlin to require him to become a full fledged enrollee of LAP when he is there for
monitoring, not full participation.

Very truly yours.

10 (I I

THE Cl AMITTEE OF BAR EXAM~ _RS OF

THE STATE BAR OF CALIFORNIA
OFFICE OF ADMISSIONS
18 0 HOWARD STREET SAN FRANCISCO, C ALIFORNIA 941 05 16 39 (4 15) 5 38.2303
'-~<'Mmil(e"

of Bar Examiners

March 22, 2005

JOHN L. DODD

PERSONAL AND CONFIDENTIAL

O Uf;'

Tr.slill
BEVER!.Y .JEAN GASSNER

O'II'4rio

. SCOTI W. DAVENPoRr

DEAN E. OENNlS
LwAlIgelu

Jerome Fishkin
369 Pine St #627
San Francisco CA 94104

RE:

Abeyance, Zach Coughlin

KlMBERL Y A. GAAB
FrUllo

GA1.AL S. GOUGH, M.D.

.,

Dear Mr. Fishkin:

H,mti"l:flPI BClIc}s

WHfINIE. C. HENDERSON
MARY ANN M.

HEJU.lHY

ANDREW 1. HOPWOOD
s.uw. Fe Spn'"gJ

lAMES 8. HUSSEY
So"

P~ro

JOHN W. KIM
Len Alrgda

W\ PRUDENHAMITER
LenAnplu
,.o.Nl>.'E Eo- SHEEHAN

lEEH. WALLACH

Los Anplu

This is in response to your letter dated March 9, 2005, and sent to Kathy
Crary, regarding the abeyance of Zach Coughlin's moral character
application.
Mr. Coughlin's Abeyance Stipulation requires that his abeyance be
monitored by the Lawyers Assistance Program. This program has been
designed to handle, and routinely does monitor, persons who live out-ofstate as well as California residents.
Until Mr. Coughlin enrolls in the State Bar of California's Lawyers
Assistance Program, he is not fulfilling the terms of his Abeyance
Stipulation.
If he does not enroll in the Lawyers Assistance Program by April 15, 2005,
the Committee of Bar Examiners will be considering his application in light
of his failure to comply with the abeyance stipulation.

MATTHEW B. WEINBERG

rely,

. ~];lcI~
0fIb of Mlrliuions SI4/f
JEltOME BRAUN
~

ebra Murphy Lawson, Director

Moral Character Determinations

UCUl'w' MmhslO'U

GAYLEE WURPHY
lJt..aor. Nbou..ufrut,O"

JOHN R. RODRlGUEZ
. ?pDGl'iom 4

/"

MIVI4I~,"mf

"

:JESkA MURPHY LAWSON

Dil"f.c,or.

:JAN E BARB I:ERJ

DirUkH. Ezosrti~lUJo"J

,
(JUJ

LAWYER ASSISTANCE PROGRAM

EVALUATION PLAN
I,
, am an applicant see!ting evaluation for
participation in the LAWYER ASSISTANCE PROGRAM (hereinafter "Program"
or "LAP"). I hereby acknowledge my understanding of the following:

..

I will be scheduled to meet with the Evaluation Conuniftee for review and
evaluation to determine if! am appropriate for, and would b.cinefitfrom,
participation in the Program.

If! meet the criteria for acceptance into the Program, the Evaluation Committee
will also determine the terms of my Participation Agreement.

The purpose of this document is to set forth the terms and conditions of my
participation in the Program during the evaluation process.

Pending the findings of the Evaluation Committee, I agree to comply with the following
terms and conditions:
I. I will attend one facilitated Group meetings per week as directed, at the
assigned location. If! am unable to attend, I will contact the Group Facilitator
or my Case Manager prior to said absence. If! must miss a Group meeting, I
will make-up the missed meeting by agreement with my Case Manager.
abstinence-based self-help meetings (or mental health
2. I will attend
).
group meetings as speeified
3. Ifrequested to do so, r will obtain an addiction evaluation and/or psychiatric

evaluation and arrange for the report to be sent to the Program.

4. I will provide consent for the Program to obtain all pertinent medical, legal
and treatment records as requested.
5. I will abstain from the use of alcohol and all psychotropic drugs except those
prescribed for me by a physician under consultation with the Program.
6. I will report to my Case Manager all personal use of prescription medications.
I will provide copies of all corresponding prescriptions.
7. I wiIT'imniediately report to my Case Manager or Group Facilitator any

relapse or use of any unauthorized drug or alcohol.

8. I will provide random, observed biological fluid speeimens as requested. The
results of the laboratory drug screening will be provided to the Program. I
will pay the fees for collection and testing at the time of the collection.

,.
'j'

9. I understand and agree that any expenses related 10 the requirements of the
Program are my responsibility. I further understand and acknowledge thaI
any and aD expenses iocurred during or as a resull of my participation io the
Program are my responsibility.
10. I understand and agree that payment of Program fees are IQ be kepI current
accordiag to the payment arrangements that bave been made.

11. I understand and agree that my participation in the Program does not affect,
alter or cnrtail in any manner, the State Bar of California's authority to
investigate and take disciplinary action for any conduct committed by me
whether before, during or after my participation io the Program.

12. I agree to obey all federal, state and local laws, as well as aU rules governing
the practice of law in the State of California, and I will inunediately report any
arrest or conviction of any offense to my Case Manager.

13.0ther_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
I furtber agree that I will maintain tbe anonymity and confidences of tbe
otber LAP Group participants.
I have read and discussed this document with tbe Program Case Manager and
understand and agree to all' of the terms and conditions outlined above. I further
acknowledge tbat I bave received a copy of tbis Evaluation PIan document.

Date:

Date:

Applicant's Name (Print)

Case MaoagerfWitness (Print)

Signature

Signature
Date:

Janis R. Thibault, MFr, CADC, Director

"
f

---

f'

AU lUUK"4\' "11) OilV

U''HHI 'HH

, Wlderstanding that the records released may contain alcohol and

I,

drug treatment infonnation, AIDS/HlV infonnation or psychiatric/psychological/psychosexual

information, hereby authorize the Lawyer Assistance Program of tbe State Bar of California
(hereinafter "LAP" or "Program") and the person or entity listed below to release, exchange or obtain
information, files or records pertaining to me (or as described below) for the PurPok of assisting the
Program in designing a recovery program for me. 1 I am aware that this infortllation will not be made
available to me by the Program, and to the extent I want copies of any such infonnatioD, it will be my
responsibility to obtain it directly from that person or entity.
Entity/Person Autborized to DisdostlObtaln Information:
Name of Person, Entity, or Organization

Address
State

City

Telepbone

Zip

The information subject to disclosure will be limited to the following:

}f'lstory ofIDness

Diagnostic and Discbarge Summary

Pbysical Exani .
Psychiatric Examination
Pertinent Laboratory Findings
Psycbological Tests

Requirements for Program participation

Attendance at Program Group Meetings
Attendance at Thorapy

Progress Notes
Verification ofPerticipation
Application and Participation Agreements
______________________
~.rr

Nourological Examination
I hereby also release. discharge. and exonerate the Program and any other person or organization
supplying requested documents, records. or other information pertaining to me from any and all liability
of every nature and kind arising out of the furnishing of such documents, records and other information
pursuant to this Authorization and Release. This Authorization and Release is subject to written
revocation by the undersigned at any time except to the extent that action has been taken in reliance
thereon. If not earlier revoked, this authorization will terminate automatically six (6) yean from the date
appearing below.
Authorizing Sigoature.:_____________

Witness: __________- - -

Printed Nome: _______________________

Printed Name: _________~__

Dato: _________~200_.

DOI.:. __________ 200

lScction 6234 oftbe Business and Professions Code provides that any infonnation~j:irovided1O or obtained
by the Program shall be confidential unless confidentiality is waived by the attorney.

LAP/Authorization for Release and Exchange

11112102

AlITHORIZATION FOR mscwSURE AND RELEASE OF INFORMATION

hereby authorize the Lawyer AssistaDce Program
?f tbe S~8te Bar of California (bereinafter LAP or Program) to disclose and/or obtain
wformatio~ files or records pertaining to me (including information, files OJ JeCords concerning
drug/alcohol treatment or use, psychiatric treatment, AIDS/lllV and other communicable diseases,
test results andlor diagnosis and treatment) with the State BaT of California Committee of Bar
I,

Examiners.'

'

The information subject to disclosure will be limited to the following:

___
__
___
__

Contact information
Verification of Participation
Application and Participation Agreements
Compliance with Agreements
Lab Testing and Results
History of Illness
Diagnostic
_ _Information
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Oili~

I bereby release, discharge, and exonerate the program and any other person or organization
supplying requested documents, records, or other information pertaining to me, from any and all
liability of every nature and kind arisin~ out of the furnishing of such documents, records and other
information pursuant to this AuthOriza.tJOD For Disclosure and Release. I am aware that information
obtained from other sources will not be made available to me by the Program, and that to the extent
I want copies of any such information,
it will be my responsibility to obtain it directly from that
,
source.
This Authorization For Release is subject to written revocation by the undersigned at any time
except to the extent that action has been taken in reliance thereon. If not earlier revoked, tbis
authorization wiD terminate automatically six (6) years from the date appearing below.

Authorizing Signature:. _ _ _ _ _ _ _ _ _ __ Witness:

-------------------

Printed Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Printed Name:

----------------Date: _ _ _ _ _ _ _ _ _ __

Date.: _ _ _ _ _ _ _ _ _ _ _ __

/
I

1 Section

6234 of the Business and Professions Code provides tbat any information
provided to or obtained by the Program shall be confidential unless confidentiaUty is wai:ved
by the attorney.

ROI B CBX (09119/03)

008

"

, lJU:J
EXHIBIT C

A~r 13 as 03:38p
.i

.llnp

Fi~hk1n

t"l~

81-7250

p.s

41IrHU!!'z,mON lIO!! QlSQA"V'P' AND Rtu:@OFIN!1ORMJ.DO!i

r
I. :3-*' ~ COl> 6>\1 uvi
h...by ..thon", II" La..,., .........._ Prn.... m
~ iliac 8tste Bar of Ctllfol'1l11 (lIerelufter LAP or Pt'OInm) to disclose and/or obtain

ormatloa. flies or rec:onb pertUniog to me (iocJudiD,g information, filas or rcoonls cou9C=miDg .

;st ~ull. IfdJor diagnosis and treatment),

""'&'01'0001 - - '" "". po"""",,", _

:r.nuaen.

The inrnnTUltion

--

.... AIOSiInv "'" ...... - . .......blc di""",

with the State Bar of CalifofDUI
Committee
.
. of Bar

~uhjelCt ta disclosure will be limited to the following'

Conta4."1 information
VerifiCatian of Participation
ApplieaUolI A:Ild Participation ASl'elCtllcnts
Compl~ with Agrocrn.onlf

!.,ab Tosting and ReSUib

Ri$t.vry Qf IUn~~
Diagnostic [nfOf"Dlation
_____ Ofber.________________________________________________
_

~e,

Pro~

I hereby release,.
aod cXOIIate the
and any other peoon or orga.aization
supplying requested dooomems., 1tIOOn1a,. Or othor loionDatillll pertaining to me, &om any ami .U
liability of overy nature and kind. ari3io.J oat oftbe f'umUhu., of such doewuems. records and odiei'
infarnUrion pubiu.ant to this AuthorU:m:Jon, for DiJt;:10fUn'; au<I Re'-. I lID aware tb.u informadOil
obtained
other 80Urces Will not be .mado available to me: by the
and that to the extent
I want copies of any such infonnation, it will be my teSpon&ibility to obtain it diroctly from thtt

.......

no.u

this Atrtborizatioo Foc Release is sllh)cct to written m-ocaQon by tbc undmigood II any time

'A",/"lIYjJli!',:::.t'"

noopt to tho extent that actioa b&.s been taIccn in rcliaaoe tbwoOn. If" oot c.rlicr

s;-r

"'''_H will ......le,

Au~orizmg

Printed N... .,

_"'_'_ _ _ _ _ _ _

tb. d.t. ,pp riaC bel....

~~_"

zAc!lc:.oU&U_d,!

tll.iI

~_

Plinto<! Nom"

D.I\.: ______________________

,/

BECKY A. PETRING
NOTARY PUBLIC
STATE OF NEVADA
APPT. NO.0172358.1
MY &.f'
EXPIRES NOV. 13, 200~

-------"

Ll 0 I I

Hpr 13 OS 03:38p
Jf

III@' Fishk1n

{"II:')

l l -n~s o

p.2

ntitylPenoa Alrihorlad to DIIdoWObUln lD(onDICiOll:

-- _-""'-_...

TIlt: infUfTlUUion subject [0 dl9c10liUnl wiU be IIm1ted to the tbllowing:

... ..

A~.PropmGtoUPMI!!fItinp
An!'tId'QM It Tbwapy

P~NotDI

Vcdfblionor~

~'--------------

- --

~-

JSoction 623-4 ortbc Bus _ _ Proft:uions Code provides tbIIt IDY

informaDon!W(l't'lded t:o or obtalned

by the Propm .M11 'k WnfukutiallU1le&:s confilkuLi&l.lly ill; walvW by thl: worncy.

1lI12r02
t;">.;KY A. PErRIN('
NOTARY PUBLIC
: STATE OF NEVADA
APPT No 01-72358-1

_ _ _ _M~Y AP-r EXPIRES NOV. 13, 2005

10 I 2

'''1~

81-7290

9. 1 undcr:Jtond and egroc thai lIllY Oxpcnsca rohuOO to tho r<:quiIomcnt> of the

Progx>m .... my SpODSibility. I further understand and acknowledge thai

...y .Dd aU expenses ineumd during or as a result of my participation in the
Program are my responsibility.
10, 1 und=t:IDd and agree tbatpaymenl of Program rees Ole to be-kopt e=t
accotding to the payment arrangements that bave been made,

1\, I understand and agree thai my portlclpodon In the I'rogram does not alfect,
alter or curtail in any manner, the Stab! Bar ofCalifomia's authoriry to
investi""", and tab: disciplinmy oction fur ..,. conduct committed by me
whether before, during 8fte1' my partieipadon in the Program,

0'

l2.1 agree: to obey all:federal, .state and 10C4llaW$, a..s well

l\.$ all rulC$ governing

the practice of law in the State of California, IU1d 1 will immediately report any
anest or conviction of any offense to my Case Manager.

\3, Other

I further acne ..... 1 willllllllDtaiI> tb. ""o.ymIty aod ",.Mcnees oUbe

oUter l..AP GnJap IMlnktpaD1a.
1 have read ud diIenased tlds docllmeat witb the Proanm Case Manaaer and
undentaad and agree to all of the terml aad coDdittoDJ outlta.ed above. 1 further
acJmowWge ..at 1 have received. eopy of this EvalaatiOD PlaD dOCDDleJlt.

Date:
C... ManagcrlWiln= (Print)

Signature

Date:

------~

Janis R. Thibau1~ MIT, CADC, Direttor

.2:-

. t'.: '7 ,lIes!ed belore me

A-p,d 1=\

~,

24~{~~
NOfoff=!66lL,.
rllt and PM'.

. _ ...... IC/JOJ

>0.', ,

B::':ec:7:
K","yA~.=PETRING
NOTARY PUBLIC
STATE 9F NEVADA
APPT_No.OI-723581

_ _ _ _M~Yc.c".~P-,- EXPjRESNOV.13,2005

Jerome Fishkin
)69 PINE STREET SUITI: 6'7

ATI'ORNEYATLAW

PHONE:AI54031300
FAX: 415.781.729

SAN F'RANCISCO CA 94104

www.FishkinLaw.comJerome@FishkinLaw.com
Lindsay Kohut 5!an~r
Of Counsel

May5,2005

..

copy

Janis Thibault, MFT

lawyer's Assistance Program

State Bar of California

1149 South Hill Street
Las Angeles CA 90015-2299
In re: Zoch Coughlin
Dear Ms. Thibault:

This Is a follow up to our conversation of April 2B, 2005, regordlng Zach Coughlin.
I think. I understond your concerns. I hope you understond ours. Thus, I am revising the

proposal I sent to you on April 15. 2005. Enclosed please find a revised draft of the LAP
sign up papers that we propose for Mr. Coughlin.

To recap this matter. Mr. Coughlin is a Bar appUcant who lives and works In Reno.
"Jevodo. He Is already a participant in LCl Nevada as well as AA In Reno. CBX wants
an evaluation report from LAP on Mr. Coughlin. There was never any Intention that he
sign up for LAP as on attorney might do.

Please ask the LAP Board to approve the enclosed, so we can move the process along.

Thank you.
Very Truly Yours,

COpy: Debra Murphy Lawson,

Director Moral Character Determinations

EXHIBIT

DRAFT

Qv\~ '(71N)d
LAWYER ASSISTANCE PROGRAM
EVALUATION PLAN

I,
) am an applicant seeking evaluation for
participation in the LAWYER ASSISTANCE PROGRAM (hereinaller "Program"
or IILAPfI). I hereby acknowledge my understanding of the following~- ~

I will be scheduled to meet with the Evaluation Cominittee for review and
evaluation to determine if I am appropriate for, and would benefit from,
participation in the Program.

If I meet the criteria for acceptance into the Program,

Evaluation Committee _ J)
will also determine the terms of my Participation Agreement) \<101-- tv f2:x e r::;t.{

the

+k -!-evm "'''"" """~ a~"",,,e,

The purpose of this document is to set forth the terms and conditions of my
participation in the Program during the evaluation process.

Pending the fin~gs of the Evaluation Committee,! agree to comply with the following
~~
terms and conditions:
H>-,p'lI2.-P Co-;ta< o.JA

weev.;; at

/-vJ"f,s I fV'"v

I. I will attend one facilitated Group meetings per

directed, at the
assigned location. If I am uoable to atienel, I wi1l contact the Group Facilitator
or my Case Manager prior to said absence. If! must miss a Group meeting; I ~
will make-up the missed meeting by agreement with my Case Manager.
;; '

C/,-

2. I vrill attend
abstinence--based self-help meetings Eel" meMellle8ltli
l!fO"l' m Ii!!!:
........'l'eeifieci
).
cC< \<.o'-"o\\C-5 ~'1\'M\IP\
~, tv~:od.",
3. If requested to do so, I will obtain an addiction evaluation and/or psychiatric
evaluation and arrange for the report to be sent to the Program.

Pt

4. I will provide consent for the Program to obtain all pertioent medical, legal
and treatment records as requested.
5. I will abstain from the use of alcohol and all psychotropic drugs except those
prescribed for me by a physician under consultation with the Program. .

6.

r will report to my Case Manager all personal use of prescription medications.

I

will provide copies of all corresponding prescriptions.

7. I wilfinlmediately report to my Case Manager or Group Facilitatot

relapse or use of any unauthorized drug or alcohol.

ilily ~

\1'\ \.- C-l--

8. l will provide random, observed biologicaJ fluid specimens as req~

results of the iabomtory drug screening will be provided to the Pro~ I
will pay the fees for collection and testing at the time oftbc collecbon.

9. I understand and agree that any expoIlSCS related to the requiremenu of the
Program "" my ,.,ponsibility. I funhex uodezS1and md aclqwwledge that
auy and aD expenses incwred daring or as a resuJt of my participation in the
Program are my responsibility.

..

10. I UJIderstmd and agree that payment of Program fees are to be kept current
or
according to the payment atnmgcrnems that have been made.,
11. I understand and ~ that my participation in the Program doe:; Dot affect,
wier or curtail in any DlIUlDer, the Smte Bar ofCalifomia's authority to
investigate and take disciplinary action for any conduct committed by me
whether before, during or after my participation in the Program.

12. I agree to obey all federal. state and loca11aws, as well as all rules governing
the Practice of law in the State of California, and J will immediately report any
arrest or conviction of any offense to my Case Manager.
13. Other

I further agree that I will maintain the aJ:I:Ob)'llllty aa:d eonfldenee. of the
other LAP Group Participanb.

I bave rud aDd discua.acd this doewncnt with the Program Cue Manager and
IlDdtntaad U1d agree to aU oftbe terms and conditions outlined above. llUJ1her
aclmowlcdcc that I have received a copy ohMs Evaluadon Plan doc:ament.

W;;=,
;;;4<; II Uc,
r/

Dille,

Date:

6th

Applicant', N_ (Print)

..

.--t;"ci \ Cc----:cq ttL \

r

Sii!ii'ture

Case Manag."IWi..... (PriDl)

Signature

rnu.:,
Janis R. ThlbauJt, MIT, CADe, Director

AUTHORIZATION AND RELEASE

I, "ZAC t\ Cl!,'-' G Ii/..\;.J , understanding that the records released may contain alcohol and
infl g trea,tment mformatron, AIDSIHIV information or psychiatriclpsychologicaVpsychosexual
. O":~ien, bereby authorize the Lawyer Assistance Prognm of the State Bar of California
(h
i Iere
I D ' r "LAP" or "Program ") and the person or entity listed below to release. exchange or obtain
ormal1~n. fil~ ~r records pertaining to me (or as described below) for the pwpQse of assisting the
Pro~ m deslgrung a recovery program for me.! I am aware that this informati,pfl will not be made
avai1abl~ ~ me by the Program. and to the extent I want copies of any such ~rmatio~ it wiD be my
responsIbility to obtain it directly from that person or entity.

dru

EntitylPersoD Authorized to DlstioseJObtaio Information:

Name of Person, Entity. or Organization

Address
State

City

Telephone

Zip

The information subj~t to disclosure will be limited to the following:

History ofDlness
Diagnostic and Discharge Summary
Physical Exam .
Psycbiatric Examination
Pertinent Laboratory' Findings
Psycbologica1 Tests

Neurological Examination

R.eq~oots for Program Participation

AttI:lndanco at Program Group Meetings

Attendance at Therapy

Progress Notes
Verification of Participation_
Application and Participation Agre6nlents

Othor_ _ _ _ _ _ _ _ __

[ hereby also release, discharge, and exonerate the Program and any other person or organization
supplying requested documents, records. or other information pertaining to m~ from any and all liability
of every nature and kind arising out of.the furnishing of such documents. records and other information
pursuant to this Authorization and Release. This Authorization and Release is subject to written
revocation by the undersigned at any time except to the extent that action has been taken in reliance
thereon. [f not earlier revoked. this authorization will te~e automatically !1m (Jij fClrt-fromthe date
appearing below,
e>N" '1 UlR.
AlrtIwrizing Signature: _ _ _ _ _ _ _ __

Witness: _ _ _ _ _ _ _ _ _ _-,---_

Printed Name: _ _ _ _ _ _ _ _----:-_ __

Printed Name:

Dote: _ _ _ _ _ _,200_,

Date: _ _ _ _ _~200_

_~_ _ _ _- - - -

lSection 6234 of the Business and Professions Code provides that any informatioifp"'fOVid.RtT6""Ortibtained
by the Program shall be confidential unless confidentiality is waived by the attorney.

LAP/Authorizatiol). for Release and Exchange

11/12/02

A!UlIill>IZATION FOR DISCLOSURE AND RELEASE OF 1NF9RMAnoN

I, '27\c. t't CO l:s 61\ 1- \;Ii
hereby authorize the Lawyer ""i.taDce Program
?f the S.tate Bar of California (hereinafter LAP or Program) to disclose and/or obtain
information. files or records pertaining to me (including information, files or records concerning
drug/alcohol treatment or use, psychiatric treatment, AIDSIHIV and other communicable diseases,
test results and/or diagnosis and treatment) with the State Bar of Califoroia Committee of Bar

Examiners.!

, .

.' ..

The information subject to disclosure will be limited to the following:

-_

__

___
___

Contact information
Verification of Participation
Application and Participation Agreements
Compliance with Agreements
Lab Testing ..d Results
History of nlness
Diagnostic Information

Other,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____

I hereby release, discharge, and exonerate the Program. and any other person or organization
suppry-ing requested documents, records, or other information pertaining to me, from any and all
liability of every nature and kind aris~ out of the fumishing of such documents. records and other
information pursuant to this Authorization For Disclosure and Release. I am aware that information
obtained from other sources will Dot be made available to me by the Program, and that to the extent
I want copios of any such information, it will be my responsibility to obtain it directly from that
source.
'

This Authorization For Release is subject to 'Written revocation by the undersigned at any time

"

except to the extent that action has been taken in reliance thereon. If not earlier revoked, this
authorization win terminate automatically ,iI; (~ "Mrs from the date appearing below.
<9N!E- ,fJ'/ ~
Authorizing Signarure:: _ _ _ _ _ _ _ _ __

Witness:
----------------~

Printed Name: _ _ _ _ _ _ _ _ _ _ _ _ _ Printed Name:

------Dolo: _ _ _ _ _ _ _ _ _ _ ____

D810:_ _ _ _ _ _ _ _ _ ___

," /

""~""

Section 6234 of the Business and Professions Code provides that any Information
provided to or obtained by the Program shall be confidential unless confidentiaUty is waived
by the attorney.
I

ROI B CBX

(09/1"~3)

Jerome Fishkin
ATTORNEYATUW

36 9 PINE STREET SmTE 627

PHONE: 4I5.4031300
SAN FRANCISCO CA 94104
FAX: 415.781.729
www.FishkinLaw.comJerome@FishkinLaw.com
Undsay Kohut Slatter
Of Counsel

May 12, 2005

DEBRA MURPHY LAWSON, Esq.

Director, Moral Character Determinations
Committee of Bar Examiners
State Bar of California
180 Howard Street
San Francisco CA 94105

Fax 538.2304

Zachary Coughlin - Your # 295-86-4380

Dear Ms. Lawson:

Zoch Coughlin was admitted to the Nevada Bar on March 25, 2005. A copy of the
certificate is enclosed as Exhibit H, following my exhibit designations on previous letters

to you,

Very truly yours,

EXHIBIT f./

"

Jreme Court

State of Nevada

"lItIy appea.rin:1 to tIie Justices of tIie Supreme Court of tIie State ofNevaaa from his app[iattion for
,;(,(,J1se to Practice Law, aM tIie certifo:ates accompanying it attesting his quafifo:ations, tliat

Zacliary CJ3, CougfiIin

'II

()~criJjed tlie necessary oatlis, aM possesses tlie cliaracter aM attainments required 6y Caw aM the rnfes

I,) (')Jlitfe

Iiim to adin.ission to tlie Bar of this State, lie is therefore issued this License a.ru[ is 1iere6y

of tlie State of Nevaaa a.ru[ therein to

Attonuy a.nd COUnse.wr a.t Law
Wil)Jl',s l(u liands of tlie said Justices as of tFte 25tit day of March, 2005.

)d "Jpowered to appear in a[[ Courts

~~\>.., ~.~...

CniefJllsticc

~S.1?111~.II<I

.Q
'/ustifr

~~~

A"//44

JW,lin'

r-"\

practice as an

. w

SUPREME COURT OF NEVADA

OFFICE OF THE CLERK
JANETTE M. 8~00M, CUAII
201 SouTH CAASOr< SlREET, Surre 201
CARSOr< Crr,., NEVADA

69701-4702

April 6, 2005

Zachary B. Coughlin
1044 w. 1 5t Street
Reno, NV 89502

Dear Mr. Coughlin;

Having received your admission fee and the Oath of
Attorney having been duly administered, I enclose
your license to pract~ce l6~.

Sincerely,
'I
1~"

,/1.. /

~.

,
.' ~
,..... ., . ,.- .-/

-<'Janette M. Bloom

Clerk of Court

JMB;sp
Enclosure

.,~ ,~"

48

-------........
------

Jerome Fishkin

36 9 PINE STREET SUITE 6z7

SAN FRANCISCO CA 94104

ATIOIt.Nl!Y ATLAW

PHONE: 415.4).130
FAX: 415.78'.729

www.FishkinLaw.comJerome@Fishkinl..aw.com
Lindsay Kohut S1att~r
Of Counsel

June 10, 2005

Janis Thibault. MFT

lawyer's Assistance Program

Stote Bar of California
1149 South Hill Street
los Angeles CA 90015-2299

FAX 213.765.1 122

In fe: Zoch Coughlin

Dear Ms. Thibault:

Zoch Coughlin has signed the contracts, as modified per our correspondence. Copies
ore enclosed. He will be calling the LAP number, 213.765.1190 forthwith. to get things
started.

\ Very Truly Yours,

c opy: Debra Murphy Lawson.
(
Director Moral Character Determinations

lI DOI

- r
AlJJJ-JORJZAPPN ANI> RFLRASE

1,j:IkR- Cru6HLt#

drug ~enl inform .

.undc18~g that the reeoni5 released may contain alcohol and
information, bereb ~AIDSIHIV informalJon or PSYchiatric/PSYchological/PSYchosexual
(hereinafter ~L~ .D....-_lh"e
t...wyer Aaatst.. c:e ~ ortbe State.u.r ofCa:!ifontili
U
infOnnati
or 4 . YIWI ) and the person or entity listed below to release, exchange or obtain
Pro
records
to me (or as described below) fortbe purpose of assisting the
program for me,l I am aware that this information will nOI be made
aod to the e:ctcot 1 Want COPies of any such information, it will be tny
to"""lW It dlJ'eCtly from that person or entity.

~n. fil~ ~r

~g

IVai: I" des1rmu! ~I)'

responsib~tyme !I.,_'_. :"~IILU,

EDUtylPel'W01I Autborlud to

ntscJo.~btaln hlforDI.tloll:

City

Stale

Zip

To..,..,..

The information subject to di.sclosure will be limited to the following:

lSection 6234 ofttle Business and Professions Code provides that any ioformatioo provided to 01' obtained
by the Prognsm lhall be confidential unless eonfidelrtia.lity is waivod by !be attorney.

LAP/Authorization for Release smcI Exchange

11l12J02

1,002

9. I understand and agree that any expenses related to the requirements of the
Program are my responsibility. I further understand and acknowledge that

any and all expenses incurred during or as a result of my participation in the

Program are my responsibility.
10. I understand and agree that payment of Prognun fees are to be kept current

according to the payment arrangements that have been made.

11. I understand and agree that my participation in the Program does not affect,
alter or curtail in any manner, the State Bar ofCalifomia's authority to
investigate and take disciplinary action for any conduct committed by me
whether before, during or after my participation in the Program.
12. I agree to obey all federal, state and local laws, as well as all rules governing
the practice of law in the State of California, and I will immediately report any
arrest or conviction of any offense to my Case Manager.

13. Other

I further agree that I will maiDtaiD the anonymity and confidences oftbe
other LAP Group participaBts.

I have read and dUeussed this document with the Program Case Manager and
undentand and agree to aU of the term. and conditions outlined above. I further
a ..knowledge that I have received copy of this Evalu.tioD Plan document.
Date:
Case ManagerlWi1ncss (Print)

Signature

,/
Janis R. Thibaul~ MFr, CADC, Director

003

AlITHOR1ZAllQN FOR D1SCI.OSllRE AND REI.EASE OF INFORMATiON

I, 1..JtCtt CDvG'ttLl.N
bereby authorize the Lawyer Auililtance Program
~f tbe S.tate Bar of CaUfornia (hereinafter LAP or Program) to dist]ose and/or obtain
mformanon, files or records pertaining to me (including information. files or records concerning
drug/alcohol treatment or use. psychialric treatment, AIDSIHIV and other communicable diseases.
test results andlor
diagnosis and treatment), with the State Bar of California Committee of Bar
1

Examinors.

The information subject to disclosure will be limited to the following:

_
_
_
_
_
_

Contact information
Verification of Participation
Application and Participation Agreements
Compliance with Agreements
Lab Testing and Results
History of Illness

Diagnostic Information

Other'________________________________________________

I bereby release, discharge, and exonerate the Program and any other person or organization
sup.e'ring requested documents, records, or other information pertaining to mc. from any and all
liability of every nature and kind arisin$ out of the furnishing of such documents. records and other
infor:mation pursuaDt to this Awhorizabon For Disclosure and Release. 1 am aware that information
obtained from other sources will Dot be made available to me by the Program. and that to the extent
J W8Jlt copies of any sucb information, it will be my responsibility to obtain it directly from that ,
source.
.

TIlis Authorization For Release is subject to written ~ocation by the undersigned at any time
except to the extent that action has been taken in reliance tbcroon. If not earlier revoked, dais
authorization wiD terminate automatically liLEs} rM .. from tbe date appearing below.

r.A ~'1 Witn""~~

"''''- '1""'"

Authorizing Signature
Printed Name,

ZAVl4Ci'- Vg. G,.4t/,-,..I

Printed Name:

0.-

';?

!Y\AR{ L:>AR~

Date' _ _~"_"_JLC~_"e..'___'\..:O_'_~~..:2.::0_'_O=_>5'

I Section 6234 of the Business and Professi.ons Code provides that any iDfor.DlRtion
prorlded to or obtaibed by the PrOlram shall be c::oalideatial ~nless confidelltiallty is waiTed
by the aUorney.

ROI B CBX (09/19103)

! CI

U4

AUTHORI7ATI
'
ON FOR DISCLOSURE AND RELEASE OF INFORMATION

B~~ o~c~ ~k6-#:i-

(II'\.
hereby authorize the Lawyer Assistance Program of the
records ria' ,8 I orDia (heremafter LAP or Program) to disclose and/or obtain infomlation, files or
psvchia: mmg to me (including information, files or records concerning drug/alcohol treatment or use,
tr~atm. t)C ~tment, AIDSIHIV and other communicable diseases, test results and/or diagnosis and
en ,With the State Bar of California Committee of Bar Examiners,l

State

The infonnation subject to disclosure will be limited to the following:

</
"
__"_
Contact mfonnation
---...:..- Verification of Participation
_-ek;.~;..-1\.pplication and Participation Agreements
_-7V".,.Compliance with Agreements
V. Lab Testing and Results
~srory of Illness

___
17 D
Diiagnostic Infonnation

cnhe',____________________________________________

I bereby release, discharge, and exonerate the Program and any other person or organization supplying
requested documents, records, or other information pertaining to me, from any and all liability of every
nature and kind arising out of the furnishing of such documents, records and other information pursuant to
this Authorization For Disclosure and Release. I am aware that information obtained from other sources
will not be made available to me by the Program, and that to the extent I want copies of any such
information, it will be my responsibility to obtain it directly from that source.

This Authorization For Release is subject to wrinen revocation by the undersigned at any time except to
the extent that action has been taken in reliance thereon. If not earlier revoked, tbis autborizatioD will
tenninate automatically I~~ars from tbe date appearing below.

Authorizing Signature::_~i4"~L.....s,.d!'""~

Printed Name: .L.:ll-"[j:.-f.-,aJ.Lll1:JliL-,,'~"--Date:: __

~.6-<-.-:1-=-~..!-j-O~5,,-_-_

I Section

P,;nted Name:

Date

~__-",o.~:.yr-l",":::hl-~"-"

~ (2:( ~ s'

6234 of the Business and Professions Code provides that any information provided to or

ob~iDrd by tbe Pl""ogram. shall be confidential unless confidentiality is waived by the attorney.

ROIl CBX (09/19/03)

0001

,
THE STATE BAR
.' .

OF CALIFORNIA
,,~

."

I ,}

Lawyer Assistance Program

1149 South Hill Street
los Angeles, CA 90015-2299
(213) 765-1190
(866) 436-6644 (inside Calif.)

LA WYER ASSISTANCE PROGRAM (LAP)

NOTIFICATION OF ENROLLMENT
Name: Zachary B. Coughlin

Bar # NIA

This is to serve as notification that Zachary B. Coughlin contacted the Lawyer Assistance
Program on June 22, 2005 and has completed the telephone intake process.

Pam Poley, MFT, CADC

Case Manager

Notice of Initial Contact

Revised 03/06103

June 30, 2005

Date

UOOI

Fishkin & Slatter LLP

Jerome Fishkin and lindsay Kohut Slatter
Attorneys at Law
-

December 20. 2005

KATHY CRARY

Moral Character Analyst

Committee of Bar Examiners
State Bar of California
180 Howard Street
San Francisco CA 94105

Fax 538.2304

tn Re: Zachary Coughlin. Your # 295-86-4380

Dear Ms. Crary;

Mr. Coughlin Is the subject of a 6 month abeyance agreement. He enrolled in LAP, LAP
is SUPposed to send you a report. The six months has expired. Please obtain the report
and resume the processing of his application.
Very truly yours,

Fishkin & Slalter UP

A law finn spe~g In AttornQl Conduct and Proj'e.m.onai &sponsibili!J
369 Pint' Str~et. Ste. 627, San Francisco CA 94104. Phone 415.403.1300. Fax 415.78 I. 7290

www.

uOOI
&;"1

Fishkin & Slatter LLP

Jerome Fishkin and Lindsay Kohut Slatter
Auomeys at Law
February 6, 2006
Pom Poley, MFT
Lawyer's ASSistance Program
1451 River Park Dr. Ste 196
Sacramento, CA 95815
In re: loch Coughlin
Dear Ms. Poley:

r have been swapping phone messages with you and my client for quite a while. I will
be out of town this Thursday and Friday, so this could take a while. Thus I write.

t Is my understanding that you

want loch Coughlin to tok.e some sort of test.

am not

sure if he knows what that test Is, Please send him a short letter and let him know what
test you want him to take, so we can get the report to CBX underway.

will be on the road Thursday and Friday and bock In my office Monday. If you wont to

reach me after Wednesday, please call me on my cell phone: 4155054300,

Very truly yours,

Fishkin & Slatter UP

A wwfiTTll JptCUlliOng In Attorney Conduct and ProJmitmlll Ruponsibill!y
J69 Pine Sere:t, Sec. 627, San Francisco CA 94104. Phone 415,403.1300. Fax 415.781.7290

II ;~rr I
www.FishkinLaw.com

li DO I

. "vember 27, 200]

1\. . Zachary Coughlin
4487 Los Reyes Court
Las Vegas NY 89121-5348

RE:

Violation of Student Conduct Code/UCCSN Code

SSII 295-86-4380

COllflbEIIT/AL

Dear Mr. Coughlin,

This leHer is in response to our meeting centering around your involvemenl in an incidenllhat occurred, violating the
l"NL V Student Conduct Code V. Section (P) and (R).
Section V. StUdent Responsibltltles
(P)

ASS8UIti.ns, striking, threatening or causing physical harm 10 another.

(0) DestructIon or v8ndalizelion 01 personal andlor public propertYi unaulllorized, mischievous and/or inappropriate
Use of such property with Intent to damage or destroy It.

In that meeting, you explained the situation arising from your class with Professor Tratos, and the potential allegation of
academic dishonesty and remarks which were perceived as threatening by some facuhy at the Boyd School of Law. After
an investigation, it appears thai the mailer of your remarks has been infonnally resolved between you and your instructors.
In addition. it appears that academic dishonesty did not occur. I have spoken with classmates from the class in question, and they do
remember seeing you have the paper in class that day. As we discussed, however, please note that this does not remove you from
the reponsibility of following the instructor's directions of also submitting the e-mail version. You bear the responsibility of not
c mpJeling
the assignment in it's entirelY - and it is completely up 10 Instruclor Tratos as to the appropriate academic action. While it
i~ 10lew orthy that you did take it upon yourself to seek resolution of this matter before the judicia1 investigation, J would
.. 'lrge you to carefully consider your communications in the future. In the matter of Section (P), I recommend the
.ving sanction:

1. )' ou are to consider this a Formal Letter of Warning .. H you are found responsible for similar violations of the
student code, your status as a student at UNLV will be re..considered.
In the matter of section (R), you accepted responsibility for the disconnection of the computer in the Boyd School of Law
Library. II is clear from our discussion that a) il was nOI for any UNLV academic purpose, and b) you moved the public
computer without pennission or notifying the appropriale staff and proceeded 10 use it for your persona1, nonlaca,jeonic work. You have requested an informal resolution in this malter, and based on Ihe infonnation provided in this
I reconunend the following sanctions:

You are hereby assessed a $100 restitution fee for the University staff time that was allotted in re.connecting
and checking the systems involved in the computer to assure that no programs were miSSing and that no
damage was incurred from your removing the computer. You will have a hold placed on your transcript until
Ihis restitution fee (money order or cashier's check made payable to UNLV Board of Regents) is delivered to
my office.

~~~~~IJ am recorrunending this case be resolved on an informal basis, you have ten (10) working days after receipt of an

resolution lener 10 request in writing that your case be submitted 10 a fonnal hearing. By requesting thai a
hearing rake place, all sanctions offered through the informal process will be void. The (annal hearing committee
hear your case and they will decide on sanctions, should they find you responsible.

r~.4I:I,I;"~~ial Affairs Officer

EXHIBIT

53

Vice President of Student Services

Dean Christine Smith, Boyd School of\4t't President for Student Life

4505 Maryland Parkway. Box 452019. Las Vegas, Nevada 89154.2019

1702) 895-3656. FAX 1702)895-4148

----\

''G' ;':1 UG

'1:~

Fishkin & Slatter LLP

Jerome Fishkin and Lndsay Kohul Slatter
Attorneys at Law

May 26, 2006

DEBRA MURPHY LAWSON, Esq.

DIrector, Moral Choracter Determinations
Committee of Bar Examiners
State Bar of California
180 Howard Street
Son FranCisco CA 94105
Fox 538.2304
Zachary Coughlin - Your It 295-86-4380

Dear Ms. Lawson:

When we last spoke, LAP was going to send you a report on Mr. Coughlin. I understand
that you will provide me with a copy.
Enclosed please find 3 letters from treating physicians. 1have previously provided
information about Mr. Coughlin's participation with Nevada's lawyers Concerned for
lawyers and Alcoholics Anonymous.
Mr. Coughlin has been admitted to the Nevada Bar as well as USPTO. We look forward
to a favorable ruling from The Committee as wen.

Very truly you ,

,
JEROME

F,sH~'N

Fishkin & Slatter UP

A law fom specW/.i.ring in Attompr Conduct and Professionlll &spqnsjbiii!J
369 Pine Street, Ste. 627. San Francisco CA 94104. Phone 415.403.1300. Fax 415.781.7290
www.

lJ 0 0 I

--

--

,r---

,.....
ASSOCIATED

AnesthesiologW,S
OF

RENO

Ma,,*, 27, 2006

Re: Zachary Coughlin
To Whom It May Concern:
This letter is in regartis to Zachary Coughlin. I saw Mr. Coughlin in September of 2005 in
regards to a request by Drs. Thamas O'Gara and Calleen Capurro, principally far
evaluation of his currenl pain management. Mr. Coughlin had been treated by Drs.
O'Gam and Capurro for upper back ane neck pain ane their current regimen had been
OxyGontin 80 mg twice a day. His MRls did demen.trate multilevel mid cervical disk
bulging without cenal or neuroforemlnal compromise. Mr. Coughlin seemed to be doing
well at tnat dosage schedule and I had na further recommendations at that time in
regartis to his pain management. His past medical history was noted for a hiStory of
attention deficit and a family history of depression. He was otherwise negalive for
cardiopulmonary, hepatic, renal or endocrine disease.

His medications at that time

Included OxyGontin 80 mg twice a day. Paxil. Adderall, clonidine ane Viagra. Since that
time, he has discorrtinued Paxll and is now laking Wellbutrin. Medicine allergies:
Hydracodone causing nausea. Social History: Patient is a nansmoker. Physical
examination: Blood pressure 140/67, pulse 86. cardiac: Regular rhythm without
murmurs. Pulmonary: Lungs clear to auscultation. Deep tendon reflexes were equal in
the biceps. triceps and brachial radialis. There was good deltoid biceps, triceps ane
Interossei strength. There was full range of motion with flexion and extension, right and
left lateral rotation. Cranial neNes IIXlI were grossly inlact, as well as gross sensa1ion.
The plan was that Dr. O'Gara's currenl regimentation had the patient in a stable cond"ion
and that I had na further recommendalions as far as add"ions or a"erations 10 his ClJrrent
regimen.
Sincerely,

~~/ IjALAN WONG, MD

AW/sj

(775) 348-1900 300 South Artioglon Avet'tU6 Reno, Nevada 80501

(8SS) 3881905 (T~I F...I . . -.... or.com

tl 002

. - - ' . -"

02'15/2006

MJJAHID RASU.. MO

7753224'

17:32

. _ . - ' ._ . - - ........ - - "

PAGE

62

cM!!{ahlJ d?a.ut. d11!D.

1899 SOUTH Vr'UiIN.A 9TRlErr. SUITE 201

1775,3:1:2."615

Rr.: .. o, NIEYAOll 8.502.

FAX (775) 322.4?'

February 15, 2006

RE:

Zach. Coughlin

To Whom II May Concern,

This letter Is 10 oertify th"( lath Coughlin has been u"der my care since April 12,
2004. He is dlagnooed as havinu Major oep.....tve 0 _ and A\1entiOn
DefleltlHyperactivity !lio<>rder and is currently on Adderall XR 20mg ond
WellbUtrin XL 300my . He is weI maintained and dM$ not abuse his
medicaliona. If you hAW> MY further q_tions, please conlaGl the office.

Sincerely,

fZ--.r-----~
'Mujahid RaoUl, M.D.

(l 0 J

Oli...,,,

O~k.o:r

9liver Ocskay, Ph.D.

Psychotherapy

License "PY088

Clinicol Psychofogv

December 21. 200S

Patrice Rebman
SIBle BaT of ~vada
600 E. a.rtestD. Blvd.
Las Vegos, NV 89104

I have _ . - '" wri"'''p6ag p&ydolop.:.l_ with Zadl Couglilin. Mr. CougjIlin

bas _od5 _ _ _ - . ..... Illy 1............ 1f5fJ1X1j.

Mr. CougWiD c... jttw:s 10 be _adive ~ iD ps:ydobenpy. He t:OIIIIbues [0 make

pr......... arpniziog _!iii: II> _StiIlIiIlIJ _1ife-.delllOlBls. He ......... " ' - to
improve IUs ....... eiilDring
~
a ro cOpe:wiIh diIIicuIt .ar..rimi. He
appean to be rrspwIiwJto. Wlidyfl...,.,.1DOIC IRpdVd7 ft:o ~ __ .., appo- tID be
on c::c.ne tMii& wodiIIc wdl_"'l0 esM'6sh" ....815 IK E -Y rc. mai-nu., a
more l'OO'P!I! "pdIcrD: of coodjeu ..'<t4' .... adIpIiw w.va.

_1IrCSS

888 W. 2nd.. 5<nte 304

......

Reno. Nevada 89503

17(5) 78b-5775

THE COMMITTEE OF BAR EXAMINERS OF

THE STATE BAR OF CALIFORNIA

OFFICE OF ADMISSIONS
180 H O WA RD S TREET S A N FR ANC I SCO. CALIFORNIA 9'105-1639 ( 4 15) S38.2101

e o - mf' 4!'

of BQr u a"l'-urs
DEAN E. DENNIS

0."

LoI Allplu

WHrrNlE C, HENOEJtSON

-"
i'>teoCMir

BARBARA M, ANSCHER
Buktl~

~con

W. OAVENPORT

KIMBERLY A. G.o.AB

June 7 , 2006
VIA CERTIFIED MAIL
Jerome Fishkin, Esq.
369 Pine Street, #627
San Francisco, California 94104

GAl.AL S- GOUGH, MD.

HIOIIi...-... BltJclt

MARY ANN M. HERUHV

""Jon
ANDREW j. HOPWOOD
s....,.,FrSpn..p
K"'lJ.Y RIORDAN HORWITZ
JAMES 8 H\.!SSEY

\.' VIAN MAl..J{f;NHORST

H,.,.~~Bac'

tntA. PRUDEN-HAMlTlR
LoJA,,~/u

.r

ANNE E. SHEEHAN

LEE H WAu.ACH
LoIAllpitl

"'ArrHEW B WEINBERG
Al AN S VOCHELSON
I.aI A,..lts
:)()N,tUDw. '(00

LoJAlfpitJ

'I-ttlNbrIiuiDM $#:6
CiAYt. E-Io4URPHY

s...r Ma.
~

.... ..u.uu.0tIJ

JOHN''' 1I0I)JUGUEZ
.~"""&,,,,~,

[)BRA MURPflY ...... WSON

0.--.
~~o...."".u..s

Re:

Zachary Barker Coughlin

Dear Me. Fishkin:

The Commitlee of Bar Examiners of the State Bar of California (Committee)
has completed the processing of your client's Application for Determination
of Moral Character, and I have been directed to advise him thai the
Committee has declined to recommend his admission to the Supreme Court
of California . This decision was reached after consideration of factors
including your client's 2003 conviction for Reckless Driving, being disciplined
while a law student by the University of Nevada, Las Vegas; lack of candor;
failure to satisfy the terms of his abeyance agreement with the Committee '
and, generally, your client's failure to establish that he was of good moral
character as required by Section 6060 of the California Business and
Professions Code and Rule X, Rules Regulating Admission to Practice Law
in California (Rules).
Under the provisions of Rule X, Section 5, your client may appeal the
Committee's decision to the State Bar Court. In order to appeal this decision.
your client must file an application for hearing and a coPy of this letler with the
clerk of the Slate Bar Court, within 60 days of the service of thiS notice of the
Commitlee's final determination. The application and a copy of the letter musl
be accompanied by a filing fee of $100 in a check payable to the Committee
of Bar Examiners. The application for hearing is a short pleading drafted by
your client.
Th e Slate Bar has Iwo locations : 180 Howard Streel, San Francisco,
California 94105, and 1149 South Hill Street, 6th Floor, Los Angeles,
California 90015.

DE.v.I E BAJtBIERJ
~.u-"""''''''

EXHIBIT

5.s1100 I

Jerome Fishkin, Esq.

June 7, 2006
Page Two
Re:

Zachary Barker Coughlin

A cop~ of the application, should your client choose to file it, must be served on the
Committee through the Office of Admissions at 180 Howard Street, San FrancIsco,
California 94105 and on the Office of the ChiefTrial Counsel at either 180 Howard Street,
San Francisco, California 94105 or 1149 South Hill Street, Los Angeles, California 90015.
In the event your client does not choose to appeal the Committee's decision in State Bar
Court, he is eligible to file another Application for Determination of Moral Character two
years from the date the Committee made its determination.
A copy of the Rules is enclosed for your client's use.

on
haracter Determinations

Enclosure

002

Fishkin & Slatter LLP

Jerome Fishlcin and Lindsay Kohut Slatter
Attorneys at Law

- - - - - - - ---

JUly 17. 2006

DEBRA NURPHY LAWSON, Esq.

Director. Morol Character Determinations

Commlt1ee of Bar Exomlners

$1ate 80:' of California
lIl0 How~rd Street
Son Francisco CA 94105

Fax 536.2304

l(Jchory Coughlin - Your # 295-86-4380

Dear Ms Lawson:
Please be advised that I am no longer Mr. Coughlin's attorney. He is nOW In pro per.
P,ease communicate directly with him on any matters regarding his application.

very truly yours

____. .

'....--'o<~IL
JEROME FIS

~,.

IN

Fishkin & Slatter UP

A liJwfirm JpeciJJli~ in Att017l9' Conduct aM. Proj.S.nonaf &JpMJibili!J
365 Pine Strtel, Ste. 627, San Francisco CA 94l04. Phone 415.403.1300. Fax 415.781.7290
www.FishkinLaw.com ,._""!~

I
________

5(i;

~----_~~~~~~--.~'U.e61 -

- --,-

COughlin - An Applicant for Admission

Zachary coughlin

March 2, 2001

Page 1 ,

THE STATE BAR COURT

HEARING DEPARTMENT - SAN FRANCISCO

I
In the Matter of
ZACHARY 8. COUGHLIN,

An Applicant for Admission.

Case No.
06-M-13?S5-PEM

DEPOSITION OF
ZACHARY B. COUGHLIN

I 1

March 2,

2007

Reno, Nevada

Reported by:

DLANNE M. BRUMLEY, NV CCR #205

California eSR #6796

BONANZA REPORTING:
1111 FOREST. RENO, NEVADA
Telephone:
(775) 786-7655

"
Be

.=

I
Bonanza Reporting-Reno

1111 Forest Street, Reno, NY 89509

775-786-7655

Coughlin _ An Applicant for Admission

Zachary Coughlin

Page 2

1
.2
3

9
10

AITORNEY'S NOTES/CORRECTIONS
PAGE LINE

Page

1
2
3

APPEARANCES

March 2, 2007

FOR THE STATE BAR OF CALIFORNIA:

SUSAN I. KAGAN
Deputy Trial Counsel

9
10

180 Howard Street

San Francisco, California 94105

II

II

12
13

12
13
14

14

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,.
15

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,.

15

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11

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2.
25

19

20
21
22
23
2.
25

Page 5

Page J

2 (Pages 2 to 5)
Bonanza Reporting-Reno

1111 Forest Street, Reno, NV 89509

,002

775-786-7655

coughlin -

An

Applicant for Admission

Page 8

Page 6

what she's going to do is she's going to prepare a

dep.osition transcript and you'll have an opportunity to
revIew the transcript and make any changes, but do you
understand t~at if you do make changes to that, I have
the opportuntty or I have the right to question you
about those changes'?
A Uh.huh, yes.

,,-,2
3
4

Q 1 will assume that you understand my questions.

9 If you don't, please let me know and I will rephrase
them. lfyou don't hear !.hem, please let me know,I'II
10
repeat them, okay'?
11
A Yes.

March 2, 2007

Zachary Coughlin

12
13
H

I.,.

2
3

4
5
6

page of the exhibit and it i; a one page it looks like

addition that was added by you and it's entitled 11.1,
prior applications for admission to practice law.
Is this something that was included with your
original application?
A I'm not sure .
Q Is this something that you, though, did submit

8 to the California bar?

9
A I'm not sure.
10
Q Do you recognize the last page of the exhibit?
11
A Yes, I do, and I would imagine it's some!.hing I
12 included probably with the original application, my

1 don't want you to guess about anything, but I

13 original application.
14
Q Is that YOUnl right there'?
15
A I'm not sure.
16
Q But is this something that you prepared
A Okay.
17 yourself?
Q Have you taken any medicatiops or consumed any 18
A I believe so.
19
Q And is that your signature at the bottom?
alcohol within the last 24 hours?
A No.
20
A Yes, it is.
Q 1s there anything that would affect your
21
Q Do you know what this would have been prepared
ability to testify truthfully and accurately today?
22 in connection with if it wasn't submitted with your
A No.
23 application?
Q \Vbat I'd like 10 look at first in this
24
A Let me take a second to review this, please.
deposition is I brought some documents with me that I'd 25 believe this is something that 1 submined to the

am entitled to your best estimate, so if you can give

15 that to me with respect to questiops, it will make a
cleaner record, okay?
17

19

20
21
22

i 23
2'
\

25

1,
2

10

Page 9

Page 7

like to go through with you. I see you brought some

documents as weI! to the deposition. Maybe we have the
same ones, but what I'm handing you is what I've marked
Exhibit I and it's your original application for
admission to the State Bar of California. Do you
recognize Exhibit I?
A Yes,l.do.
Q And how do you recognize it?

11
12

13
1.4
15
16

,
2

2,
22
23
-'?4
, 23~

-=

,.,.
20
21
22
23
24

A This is the moral character application that I

submitted in 2002 to the California State Bar.
Q Did you personally fill Oul trus application?
A Yes.
Q Now, at the time thai you filled out this
application, did yOU already pass the California bar?
A Yes, I had. 1 should qualify that. This
application is dated at a point where I was awaiting
results from the California bar, but I believe I had
passed it. I had taken it and I passed it eventually.
Q Okay, but this was __
A September 23rd 1 took the, 1 believe it was
July bar exams.
Q July,2oo2?
A Yeah, so I probably didn't get the results
until October or November.

1
2
3
4
5
6
7
8

California bar.
Q I'll return to that in a minute. \\/hen you
filed this application with the State Bar of California,
what did you understand your duty to continually update
the application to be?
A I'm not sure.
Q Did you understand that you had a duty to -did you understand that you had a duty to update the

9
10
11
12
13
14
15
16
17
18

application?
A I'm not sure.
Q Originally you were represented by counsel
before the Committee of Bar Examiners, correct?
A That's correct. I should qualify tbat, though,
because I don't believe at the time this was submitted
that I had counsel. I acquired counsel before the
California bar, I believe sometime in 2003.
Q And is it true that you had tbat counsel until
the Committee orBar Examiners denied your moral
character application?
A That's true.
Q So approximately until 2006?
A That's correct.
Q So from 2003 to 2006, you were represented by
counsel with respect to your application for the

19

20
21
22
23
24

~~,"~O~VVh~~.,t~l'~dl.h~.k"'~Y'O~".t~o~d~o~is~ru~"'~to~th~'~I,~sbt......::~2~5~C~I~i'~o~",~ib~"~?~=="""".c.<__3=c.--~------~------j
(pages 6 to 9)
1111 Forest Street, Reno, NV 89509
Bonanza Reporting-Reno
I

[I

775-786-7655

03
r

(Pages

~
10 to 13)

Coughlin

An

Applicant for Admission

C.

J 1

3
4

7
8
9

10
11
12

,.
,.
,.

13

1S

17
18

20
21
22
23
24

2S

Zachary coughlin
Page 10

It might have been 2004.

Q 2004 to 2oo6?
A I'm not sure. It would be somewhere in that
genera] time frame, though. that I became a client of
Mr. Fishkin.
Q :-Vere you ever advised hy somebody with the
Committee of Bar Examiners that you had a duty to update
your application?
A I'm not sure.
Q You're not sure whether or not you were ever
advised that?
A That's correct.
Q Did you ever receive any letters from tbe
Committee of Bar Examiners advising you of your
continuing duty to update your application?
A I'm not sure.
Q At the end of the representation by your
counsel in this matter, were you provided with a copy of
all the documents that were kept in relation to this
case?
A I'm not sure.
Q Did your counsel ever provide your file in this
case?
A He did provide me with documents.
Q What I'd like to do is tum back to that last

March 2, 2007
Page 12

,
1

3
4

7
8

10

11

12

13

,.
H

lS

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18

"

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21
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25

ordered to answer the question.

A Okay.
Q Is that what you want to do?
A Yes.
Q So let's certify that question.
Just to set the record straight, is it true
that you are now refusing to answer any questions
regarding your arrest in October of200l?
A That's true .
Q Okay, let's move on. Now, staying with this
exhibit and the last page of the exhibit, in the third
paragraph, you go on to discuss the official academic
investigation at the University of Nevada and in this
paragraph, you state, "Secondly, the Stale Bar of Nevada
infonned me that another concern regarding my
application arose out of an academic dishonesty
investigation that was completely resolved in my favor
in December of 200 I," and then skipping ahead to
approximately five sentences before the end of the
paragraph, it says, "For reasons that are still very
unclear to me, Mr. Tratos then instigated an official
academic investigation into whether or not I actually
wrote the paper when it was due."
I'd like to discuss the incidents revolving
around thai paper. Is il true that in December of200 I,

Page 11

Page 13

page of Exhibit I. and in the second paragraph oflhal

1 the investigation was complelely resolved in your favor?
page, about five lines from the bottom, this is actually
2
A I believe so.
discussing an arrest that took police in October of200 I
3
Q And how do you know that?
outside of a movie theater in Nevada and the sentence
4
A I was given a letter by the Dean of student -goes on to say, "I was charged with three misdemeanors, 5 I don't know if he's a Dean, but the studenljudicial
resisting arrest, evading a police officer and
6 affairs officer who was in charge of investigating the
obstructing a police officer."
7 case and the letter indicated basically that I was
Can you go into a liule detail about the
8 cleared, that no wrongdoing was found, and I was
9 subsequently given a passing grade in the course and
actual arrest?
A No.
10 graduated.
Q No, you can't go into detail, or do you
11
Q What was the grade that you were given in the
remember the arrest?
12 course?
A Well, I'm going to object to that.
13
A I don't remember.
Q What's your basis?
14
Q Do you remember when you were given a grade in
IS
A Well, given the language in the other sections
15 the course?
16 orlhi! applicalion which deal with convictions, as I
16
A Prior to graduating.
11 read this in section, I believe it's 12.1, this is an
17
Q When did you graduate'?
1.8 incident for which I would be under a duty to disclose.
18
A December of'OI.
19
Q Well. as part of discovery I'm entitled to take
19
Q So sometime prior to graduation in December of
20 your deposition and so I'm going to- unless there's a
20 '01 you were actually given a grade in Professor Tratos'
21 privilege, you have to answer the question.
21 class,?
22
A Uh-huh.
22
A That's correct.
21
Q Unless you refuse to answer the question, and
23
Q Now, T read that other sentence and it says,
_"4 then we can have the question certified and take it to
24 "For reasons that are still very unclear to me, Mr.
, 23~;:..~thgg,~,~o~u~rt~.~n~d1.l,.~ei.lw~h~e~thge~,"og'~n~o:.tl:l10gu'.,e~~
",o~iOl~!I~t0'.Jb~e~="J,.::2~5:"".T~nt~t~o~'.th~e~n1.!!in~S~li~e:aa~te"d1,:,an!li!0~ffi~"~i~a~1~"~'~d~e"m~t~e,-~_~~~
1

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Bonanza Reporting-Reno

1111 Forest Street, Reno, NV 89509

775-7867655
5dc.414bb ..f63-4Za4..acaa ..01172_"613

CO Ughl

loll

Il~

......... h

Coughlin - An Ap 1

~cant

for Admission

2.

2001

Zachary Coughlin
March 2,

'f~3
4
5

investigation."

Page 16

Are ~ose reasons really unclear to you? \Vb t

you thmk were the reas
f, h'
.'.
a
investigation?
ons or 1m to mSlIgate the

2
3

First off I'd I'k

.'
1 ~ to object to
Q \In..
'~lIal s your basIs?

d'd

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this as well.

reg~d !~ would be si.milar to my last objection with

8
9

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your questIOn about prior arrests Ih'l

th ere's nOlhi .
.
>
I .
n~ In this application which requires me 10
ex~ am anythmg related to this incident, that I was
nelth~r sus~ended, expelled, disciplined or otherwise as
mentioned m the question within this application thai
goes to academic discipline.
. Q So I'd like to certify that question. Let me
Just se,t the record straight. Now you're refusing also
to testtfy a~out any questions regarding ..
A

SectIOn 13.1, scholastic discipline.

Q . You're objecting to testifying about any

,
7

10
11

12
13
24
15
16

17

l'

questtons regarding this investigation the

19
investigation performed by the law school?
20
A
Yes.
21
.Q Now, you understand that you actually submiued 22
this paper to the California bar in support ofyouT
23
application, correct?
2.
A Yes.
25

asked to get out of the car?

A At some point, yes.
Q And were you asked to perform any tests?
A Yes.
Q And what were those tests?
A Field sobriety lest.
Q Can you describe them?
A Walking in a straighlline, holding one foot
up, standing on one foot, some tests involving following
an object with one's eyes.
Q Did you perform all of those tests?
A Yes.

Q Do you recall whether Or nol you passed any of

those tests?
A I believe 1 passed all of the lests.
Q Do you know why the officer ..
A I should qualify that. That's my opinion that
I passed the tests. I don't know what the officer's
opinion is.
Q Did you ever receive a copy of the officer's
report,?
A Yes.
Q Do you know what his opinion was regarding
whether or not you passed those lests?
A No.

Page 15

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Q But now you're refusing to testify about the

contents of the paper, correct'?
A

Yes.

"What I'd like to talk about now is the arrest

in January. 2003 in Sacramento for driving a motor
vehicle under the influence of marijuana. Can you
describe the events surrounding this arrest?

Q
A
Q
A

Yes.
Let's start with what time of day was it?

It was roughly 10:00 at night, 9:30.

And where were you?

Sacramento, California near Howe and Arden
Streets.
Q And what exactly happened in relation to the
arrest?
A 1 was parked at a stoplight a couple blocks
from my residence and a police officer drove past me
through an intersection and he subsequently turned
around and pulled me over and informed me that he
believed I did not have a seat belt on .
Q Did you have your seat helt 001
A I don't remember.
Q And what happened nex t?
I don't remember.
You don't remember what haDD~~~d? Were vou

Page 17

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I.

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Q Prior to asking you to perform those field

sobriety tests, were you told why the officer would be
conducting those tests'?
A I don't remember.
Q Did you know why the officer was conducting the
tests'?
A No.
Q Did you question why the officer was conducting
the tests'?
A J don't remember.
Q What happened after you finished the field
sobriety tests,?
A I was arrested.
Q What were you arrested for?
A I believe it was for driving under the
influence. I do .. I'm not sure -. I believe I refused
to take a breath alcohol test and then I subsequently
did take one and f think that might have been the reason
why I was arrested.
Q You said that it was your opinion that you
passed the field sobriety tests. What was that opinion
based on'?
A That I perfonned all the tests and that I was
sober.
Were "OU sober at the time?

-0'

Bonanza Reporting-Reno

2007

Page 14

1111 Forest Street, Reno, NV 89509

'005

(Pages 14 to 17)
775-786-7655

SdC414bb-ef6J-42a4-acaa.-a01172eee67J

COughlin _ A~ ~_

.......... h 2.

2007

COl;
COughlin - An Applicant for Admission

1,

r:

Q
A

13

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,.,."

17

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Page 20

Yes,] was.
1

Had you had any alcohol that day?

] don't remember.

. Q Had you smoked any marijuana that day or

mgested any marijuana?
A I don't think so.

10
11
12

March Z, Z007

Page 18

, A

Zachary Coughlin

Would it help you to review the police report

l~ refresh your recollection about what occurred at the

lIme of the arrest?

A I don't think so.
Q So are you aware thai you were actually
tested -- the test results came back that there was THe
in your urine?
A Yes.
Q How do you explain that?
A I don't understand your question.
Q In your opinion -- are you aware that THe is
one of the ingredients, or ] guess it's an ingredient in
marijuana?
A I think so.
Q So how do you explain that there was an
ingredient for marijuana in your body at the lime of the
aTTest?
A I don't know.
Did you smoke marijuana that week prior 10 the

any probation conditions?

2
A I believe so.
3
Q Do you remember what those are?
4
A No. Actually, I would like to qualify that.
5 don't know that I had any probation conditions.
Q Were there any conclitions in connection with
7 your plea?
A I don't remember.
Q So at the time of your arrest, is it your
10 opinion that you were not under the influence of any
11 drugs or alcohol?
12
A Yes. I should ask you, what do you mean by
13 influence?
14
Q At the time of your arrest, were any alcohol or
15 drugs in your system?
16
A What do you mean by drugs? Is Ibuprofen a
17 drug?

,.

Q Yes. What was in your system at the time of

19 your arrest?
20
A I'm nOl sure.
21
Q
Was marijuana in your system al the time of
22 your arrest?
23
A I don't believe so.
24
Q Was alcohol in your system at the time of your
25 arrest?

Page 19

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,.

arrest?
A I don't know.
Q When you gOt those -- did you ever receive the
test resuhs from the urine sample?
A Yes.
Q And what did you think when you received them?
A I don't understand your question.
Q Were you surprised that there was THe in your
urine?
A I'm not sure.
Q Have you ever smoked marijuana?
A I'm going to object to that question.
Q What's your basis?
A Fifth Amendment.
Q Wen, correct me if I'm wrong. but you were __
you were convicted in this matter, correct?

FOT--

-0

I'm not sure. I do believe my blood alcohol

2 content is mentioned in the pOlice report, though, and 1

believe iI's listed as a negligible amoW'lt, like a 0.000

3
4

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7

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1. 7

Q You ~led guilty to a viola~i~n of Califo~ i a

vehicle sectiOn 2303, reckless dnvtng, correc\.
A It's my understanding 1 pled guilty to a dry
20
21 reckless driving charge, that being that there are two
22 !)'pes of reckless driving charges, one involving I
23 believe alcohol or other substances and one not, and I
.~ pled guilty to tht.'one that did not involve alcohol.
As piU1 of vour lea. did vou have to fulfill
5
19

Page 21

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19
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something.
Q Are you aware of anything else you could have
ingested that would have caused you to have THC in your
urine at the time of your arrest?
A I'm not sure.
Q Are you aware that the officer stated in his
report that he smelled marijuana on your person and in
your automobile?
A I'm not sure.
Q Would it swprise you that he would put that in
his report?
A I don't know.
Q So why did you plead guilty to a 2303 charge in
this matter?
A Can J clarify that that 2303 is the dry
reckless charge just to make sure instead of referring
to it by numbers?
Q Sure.
A I don't know why I pled guilty to that.
think I reviewed the situation and felt that that was
the best option.
0 Were vou reoresented by counsel in the cri~inal

6 (Pages 18 to 21)
Bonanza Reporting-Reno

1111 Forest Street, Reno, NY 89509

775-786-7655

.
J

Coughlin - An Applicant for Admission

Zachary Coughlin

Mdrch 2, 2007

Page 22

mailer?

A
4
5
6
7

10

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17

arrest in January of 2003?

A Yes,1 do.
3
Q Would this have been something that maybe you
4 submitted as part of that update of your application?
5
A I'm not sure.
6
Q What about the first page of this exhibit, the
7 amendment to application, and it says al the top of it
8 Zach Coughlin, the first page of the Exhibil2. Is that
9 your handwriting?
l O A I'm not sure.
11
Q You don't know whether or not that Zach
12 Coughlin althe top of the page is your handwriting?
13
A No.
14
Q What about the boltom of the page where it says
15 executed on 3.19.03 and it's signed lach Coughlin, is
16 that your handwriting?
17
A I'm not sure.
18
Q You can'l recognize your own handwriting, or
19 this is definitely not your handwriting?
20
A I didn't say that. I'm not sure whether or not
21 it's my handwriting.
22
Q Is that your social security number,
23 295-86-4380?
24
Yes, it is.
Are you sumrised that this exhibit is nart of
25
1

No, I was nol.

Q What I'm going to do now is hand you what I've

mark~d as Exhibit 2, and Exhibit 2 is __ the first page
IS entitled amendment to application on the letterhead
of State Bar of California Office of Admissions and this
says, "I, Zach Coughlin", al the top of the page and
states, "Please sec enclosed letter." II's dated
3-19-03 and the second page of the exhibit is a letter
dated March 19th, 2003 ITom Zachary B. Coughlin.
Do yau recognize Exhibit 2? And the third page
orthe exhibit is a February 23, 20031ener to Kathy
Crary from Zachary Coughlin.
A I'm nal sure. This one isn't signed.

15
Q And you're referring to the second page of the
16 exhibit, the March 19th, '03 letter?

,.

Page 24

Yes.
Is tbis your letter, though?
19
A I'm nOI sure.
20
Q Do you keep copies of everything that you
21 submit to the State Bar ofCalifomia?
22
A I in general keep copies of what I submit. I
23 don'l know about everything.
Q \Vhat I'd like you to do is take a minute and
24
25 review this letter and tell me if in fact this is your

Page 25

Page 23

letter that you submitted to the State Bar?

2
A I'm not sure.
Q Would this have been submitted by somebody
4
else?
5
A I don't know.
6
Q So the letterhead at the top of the page saying
7
Zachary Barker Coughlin, that's not in facI your
8 letterhead?
9
A I'm not sure.
10
Q Have you had a chance to review the entire

, 1

11
12

13
, 14

i 15
; 16
17

i 18

I 19

2')
21

document?
A Allow me to do that for a second.
Q Sure.
A All right,) reviewed it.
.
Q And is this in fact a letter that you submitted
to the State Bar of California?
A I'm not sure.
Q You don't recall writing this leiter?
A I'm not sure.
Q Do you know, is 1044 West First Street, Reno,
Nevada, 89503, was that actually an address of yours at

22 some point?
2)
A Yes, it was.
1
4
Q And do you recall submitti?g any kind of
:; documentation .to the
to vour
._..Stale Bar With- resnect
..
~..

Bonanza Reporting-Reno

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the Stale Bar of California record when you're not sure

whether or not you even provided it to the State Bar?
A I don't understand your question..
Q Let me rephrase it. Do you know who else would
have submitted this to the State Bar?
A No.
Q So I want to tum to the March 19th, 2003
letter. Just for clarity sake, did you write this
letter?
A I'm not sure.
Q Do you know who wrote this letter?
A I'm not sure.
Q So the statements contained in this letter, you
don't know whether or not you wrote them?
A No.
Q Let's tum to the third page of the exhibit.
It is a letter dated February 23rd, 2003 to Kathy Crary,
Office of Admissions, Sincerely. Zach Coughlin. Did you
write this letter?
A The February 23rd leiter?
Q Yes.
A 1 believe so.
Q Is that your signature at the bottom of the
letter?
A (believe so.

7 (Pages 22 to 25)

1111 Forest Street, Reno, NV 89509

'1007

775-786-7655
5dc414bb-ef6342a4-ac3a-a01a72eee673

(Or-

Coughlin

7
8

10
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,.
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"

20
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2'
25
I /

Applicant for Admission

Zachary Coughlin

,
8

Cl'lar.i2

Th e statements I just read yOll fTom that

leiter, are they inaccumte?
A Can you be more specific?

4
5

Q The statements that I just read in that leHer

are they truc of your condition as of March 19th,i003?

:2

Q
A

What about at the time of March 19th 2oo3?

Idon'ther
I
,.
Icve was represented at that time
Q I'~ like to tum back to the March 19th, 2003'
lener. It s Page 2 of this exhibit, and I'd like to
read for you from
h'
pantgrap one stanmg on the second
sentence.

~
8
,

A
Q
A

What statements?
I'm sony?
Which statements?
S larting
' with, "While 1 would like to point

~~ ;~:~.:nding with "this would help me sleep and ease the

"While I'd like to point out that I was not

under the influence of any drug wben I was pulled over
for having my seat belt unfastened, I must admit that I
had smoked marijuana in the weeks preceding my arrest.

12

o en wore e same sweater I was wearing the nighll

was arresled. I would wear it almost nightly to avoid
turning on the heat in my apartment. The officer must
have smelled marijuana on that sweater for nigbts when I
ha d previously smoked mariJuana. I would smok,
marijuana sparingly on nights after work when my chronic
mid thoracic and cervical pain would be unusually bad.
This would help me sleep and ease the pain."
Do you believe this to be an accurate
representation of what actually did occur in that time
period?

15
16
17

been morc than a social drinker." Did you writc that

sentence?
A I'm nol sure.

18

Q Is that an accurate representation of your

relationship with alcohol as of March 19th, 20037
A That's something that's so subjective, I don't
know how you could assign a level of accuracy.
Q Did you start drinking alcohol in your early
20s?
A I believe so.
0
As of March 19th, 2003, did YOU drink alcohol

I ft

Ih

A I'd object to that, Fifth Amendment, and I'm

not surc.
Q Were you wearing a sweater at the time OfyOUT
arrest?
A I'm not sure.
Q Had you smoked marijuana in the weeks preceding
yOUT arrest?
A I'm nOI sure.
Q Do you have chronic mid thoracic and cervical

pain?
A Can you clarify your question? Do you mean
cUTTently today or in general, or-Q Let's talk about today. As of today, do you
have any chronic back or neck pain?
A I don't know how that would be defined.
15
Q Do you have any pain at all in your back or

,."

17
18

"

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21
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23

,.

A J don't think that I was represe~led at that

time.

10
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Page 28

Q At the time February 23rd 2nn3

"presentedb Y COunsel in this maner?
' vv,wereyou

I'm going to object to that on privacy grounds.

Q Moving down to paragraph three, it states, "I

14 started drinking alcohol in my early 20s and have never
13

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Page 27
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"

March 2. 2007

Page 26

An

1
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3

your neck?
A I'm going to object to that question.
Q What's the basis for your objection?
A Privacy.
Q At the time of March, 2003, did you have any
back or neck pain?
A I believe so.
Q Would you take medication for that pain?
A I'm poin(! to ob'ect to that on privacy grounds.

Bonanza Reporting-Reno

Page 29
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only as a social drinker?

A Could you define what a social drinker is?
Q Did you have -- let me rephrase that. As of
March 19th, 2003, do you believe that you had a problem
with alcohol?
A Could you define what a problem is?
Q Do you believe that you were an alcoholic at
that time?
A Could you define what an alcoholic is?
Q Do you not understand what an alcoholic is?
A 1 don't understand what you understand an
alcoholic is.
Q What do you understand an alcoholic 10 be?
A I'm not sure.
Q Isn't it true that you actually attend
Alcoholics Anonymous?
A I'm going to object to that.
Q What's the basis for your objection?
A Privacy grounds and the fact thaI the second
word in that is anonymous.
Q Isn't it true that you've submined 10 the
State Bar proof of your attendance in Alcoholics
Anonymous?
A I believe I did, yeah. I'm not sure, though.
I'm (win(! to obiect to that as well .

8 (pages 26 to 29)

1111 Forest Street, Reno, NV 89509

' 008

775-786-7655

Coughlin ~ An Applicant for Admission

Zachary Coughlin
March 2,

~'2
3

:::;'.lgb 1in

r~

t,n

Q What's your basis for that objection?

Page

1
2
3

Given thai Ihis is a deposilion and Ihe fair

repon privilege would make il such !.hal anything in
this can be reported in the newspaper.

Q Did you attend all the meetings that are

documented in the pages that you sent to me?
A Yes, I believe so.
Q Are you currently sober?
A Yes.
Q How long have you been sober?
A I object to that on privacy grounds.
Q Do you drink any alcohol at all?
A No.
Q Do you take any __
A Not that I know of.
Q Not thai you know of? Is there a way that you
would be drinking alcohol without knowing of it?
A I don't know, Ihere's a number of products in
the world that have alcohol in them to some extent, so I
don't know. NOI on purpose, but can I say for 100
percem that I have any alcohol in my system? I don't
know that anybody can say that. There's alcohol in
mouth wash, !.here's alcohol in some ice cream.
Q Do you drink alcoholic beverages?
A No.

Are you aware tbat moral character cases before

5
the State Bar of California are confidential?
A
r couldn't say that. I couldn't say that I
7
know that to be true. I could say Ihat I have read
10 deciSions, published decisions involving moral character
11 cases, so I don't know how thaI could be confidential.
10
Q Okay. I am handing you __ I have nOI marked
12
11
13 this exhibit. However, I will mark this as __ this is
12
14 the original. I'll mark this exhibit as __ I'd like to
13
just refer to this exhibit as Exhibit I I, and Exhibit J I
l5
14
is on Ihc letterhead ofZach Coughlin, 945 Wesl 12th
15
Street, Reno, Nevada, 89503 to the State Bar of
17
California
10 Office oflhe Chief TriaJ Counsel, Susan
>8
17
I. Kagan, Deputy Trial Counsel, and it also has
19
connected to il an envelope 10 Miss Susan Kagan,
20
19
Esquire, Office ofCruefTrial Counsel from Zach
21
20
Coughlin, 945 West 12th Street. Do you recognize Ihis
22 exhibil?
21
23
22
A Yes.
Q When is the last lime you had an alcoholic
2.
23 beverage?
Q How do you recognize il?

Page 30

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I'm not sure, and I'll objeci to that on

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around two weeks ago.

Q You believe, or is thaI what you sent me in the
mail?
A I believe it's what I sent you in the mail.
Q I'd like you to review it and tell me if that
is in fact what you sent me through the mail.
A I believe this is what I sent you in the mail.
Q And as part of thai exhibit. there are copies
of. it looks like attendance records from meetings.
Alcoholics Anonymous meetings; is that correct?
A I believe so.
Q How long have you been attending AA?
A I object to that on privacy grounds, but I'll

2
3

4
5
6

7
8

go ahead and answer it. Preserving the objection, I've 14

Q So when did you first stan going to Alcoholics
been -1 was takeD to AA meetings as a child, so -15 Anonymous?

Why was that?

16

).20""

I don'l know.

17

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/ 23

Page 33
Q If you don't wam the State Bar to know about
your Rtlendance at Alcoholics Anonymous or anything
about your relationship with alcohol, why did you
include this infonnation in your application update?
A I'm going to objectlhat your question and the
wayit'sphrased,1 believe it's leading and you're
saying if I don't want the State Bar and that's not
something I said. Thai's something you just said .
Q Excuse me? Strike that, I'll rephrase the

9
10 question. Is;t true that you a<e ,efusing to test;fy
II about your relationship with alcohol and your
12 relationship with Alcoholics Anonymous?
13
A No.

17

21

18

You're handing me back the exhibit. You don't

know why you were taken to AA meetings as a child?
A No.
Q Why did you include that information in your
update for moral character application to me?
A I'm not sure.

22
23

Are yo'u"u"e,nly attending AA meetings?

24

Bonanza Reporting-Reno

L.~

______________________________

19

20
21

I'm not sure. And can you define going?

When did you first stan attending meetings at
Alcoholics Anonymous?
A I can remember being in a meeting when I was
three years old, so __
Q What about in the last five years, have you
been attending Alcoholics Anonymous meetings for the
last five years?

I'm nOI Sure. Can you defme attending for

1111 Forest Street, Reno, NY 89509

In (t q
l~n-Reno

1111

Fort;:: ... - __________"t.:.t_t _t _' .

9 (Pages 30 to 33)

c~ughlin

- An Applicant for Admission

March 2.

Zachary Coughlin

Page 36

Page 34

4
5

6
7
8

10

11

12
13
14
15
16

1'7
~

times in five years?

Q Any at all, did you ever go to Alcoholics
Anonymous meetings in the last five years?

A I'll object to that on privacy ground; but go

ahead and answer it. Yes, I bave.

Q. What was the purpose for you attending those

meeungs?
A I'm not sure, and 1 think there's a number of
purposes.
Q Wby do you personally go to those meetings?
A I couldn't say for sure. I think there's a lot
of reasons why I go.
Q Can you Dame some of them?
A Self-improvement I'd say, baving a sense of
f~\I~wsbip with other people who have gone through
similar experiences as myself, developing a stronger
relationship with a higher power and a more spiritually

IS

... 9
20

21
22
23
24
25

1
2
3

4
5
6
7

10

centered life, and other reasons that I don't know that

1 could verbalize effectively.
Q Is ooe of the reasons also that you bave a
problem with alcohol?
A I'll object to that.
Q What's your objection?
A Objection would be privacy, it would be
ob' ectin under ADA, it would be va eness of the

believe I might have drank alcohol during that time.

Q Do you know approximately how mueh alcohol you
2
3 dI1lnk during that time?
A You mean in what quantity, like liten or4
Q Yes.
5
A Or drinks per week or6
Q Yes, both.
7
A No.
8
Q In your opinion, did you have an addiction to

10 alcohol?
A Can you tell roe what you mean by addiction?
11
Q What do you think of as a definition for
12
13
14

15

16
17

1B

19
20
21

22
23
24

25

Page 35

question. 1 don't understand what you mean by any

problem with alcohol.
Q Well, there are many other self-help groups out
there. Why did you choose Alcoholics Anonymous?

2007

I'm not sure.

Q You staled one of the reasons were that there

are people lhat had similar experiences to yourself.
Can you describe what you mean by that?
A I'm nol sure what I mean by that.
Q You stated it. You're not sure what you mean

addiction?
A That's what I'm asking you. Are you asking IDe
what I tbinkofaddiction?
Q Yes.
A I'm not sure. It's a very loaded word. I can
give you a rough estimation, continue to use in the face
of negative consequences.
Q Would you characterize that to be the situation
during law school?
A I'm not sure. It's very subjective.
Q I'm asking for your opinion.
A My opinion is that I'm not sure.
What about after law school, do you believe
Page 37

2
3
4

5
6

that you had an addiction to alcohol?

A I object to that.
Q What are your grounds?
A Privacy, ADA, to the extent that alcohol is
being criminalized, the Fifth Amendment.
Q D id you continue to dri nk alcohol after law

8
9

10
11

by what you stated?

12
A Yeah, it's just a general kind of feeling that
13
13 I get. you know. People have gone through trial~ and
14
14 tribulations, people who have had other people gIVe them
15
16
15 consternation.
Q What were the dales that you attended law
17
16
17 school?
18
A August of'99 10 December of 'Ol.
19
19
1
Q During mat time period, did you have any
20
! 19
20 problems with alcohol or drugs?
21
A I'm not s.ure what yOU mean by problems.
21
22
Q Were you drinking alcohol or taking any drugs
23
23 during that time period?
24
A Object on privacy grounds. I'll answer it,
25
thou h, and Fifth Amendm~nt. I believe I did have -- I

school?
A Yes, I believe so.
Q Until approximately when?
A I'm not sure.
Q Did yOU drink it a year after law school?
A I'm not sure.
Q So in 2002, did you drink alcohol in 2002?
A I'm not sure.
Q Did you drink alcohol in 2003?
A I'm not sure.
Q Did you drink alcohol in 20047
A rd object to that.
Q What's the basis for your objection?
A

Privacy.

Q Did you drink alcohol in 2005?

A

I don't believe so.

Q Did you drink alcohol in 2006?

A

I don't believe so.

As of this date did au drink alcohol in 2007?

--'

10 (pages 34 to 37)
115_786~1655

sonaD

za

Reporting-Reno

1111 Forest street, Reno, NV 89509

"nln

coughlin - An Applicant for Admission

March 2. 2007

Zachary Coughlin

Page 40

Page 38

5
6
7

8
9

10
1~

12
13
15
16
17
18
19

20
21
22
23
24

25

A N~, I don't believe so, but I'd object to all

the questions regarding whether I've drank alcohol
because of privacy.
Q Iso't it trueA Can 1 ask you a question?
Q . No, this is my deposition, I get to ask you
ques~lO~s. Isn't it true that as part of your
~pphcatl?n to the California bar, you have provided
mformallo~ about your past alcohol and drug use?
A I believe so. Actually, I qualify that. I'm
not sure.
Q I'm handing you what's been marked Exhibit 6
It's a letter dated April 7th, 2006 to Zachary B.
.
Coughlin on the letterhead of the State Bar of
California La"W)'er Assistance Program from lanice R.
Thibault., T -h-i-b-a-u-I-t, director. Do you recognize
Exhibit 67
A Your question is do I recognize this
confidential document?
Q Yes.
A I'm going to object to that 00 the basis that
it's confidential.
Q This is a confidential proceeding. Please
answer the question.
A Can you tell me what you mean bv confidential'?

1
2
3
4

5
6
7

8
9

4
5
6
7

9
10
11
12

It's a deposition, right?

Q Yes, it is.
A So does that mean ii's a public record?
Q No, oot in moral character cases.
A Can you tell me why there's published decisions
on moral character cases?
Q I am nol your attorney, Mr. Coughlin. If you
have questions about the procedures in State Bar court,
you have the opportunity to hire an attorney to help you

10 through these proceedings.

A Okay. So your queslion. I'm sorry, the last
11
12 question was do I recognize this?
13
Q Do you recognize thaI exhibit'?
A I object on the basis of confidentiality.
14
Q As part your application process with the
15
16 State Bar of California, did you agree to participate io
17 the Lawyer Assistance program, othelWise known as LAP'?
A J object on the basis of confidentiality.
Q And were you in facl terminated from the LAP
19
20 program as of April 7, 2oo6'?
A I'd object on the same basis of
21
22 confidenliality.
23
Q I'm going to __ I'm handing you what's been
1"'4 marked Exhibit 9 which is a lener dated November 21st,

or

1.

2
3

13

14
15
16

,.

17

19
20
21

22
23
24
25

Page 39

"

1
2
3
4

recognize Exhibit 9'?

A Yes.
Q How do you recognize it'?
A I believe it's a letter that you, Susan Kagan,
sent me.
Q Did you receive Exhibit 9'?
A I believe I did.
Q And in {hal letter, it states in the first
sentence, "As you know, the State Bar has requested you
to provide a renewed LAP authorization fonn and
fingerprint records report in connection with the
above-referenced matter."
Did you provide the LAP authorization form to
the State Bar subsequent to receipt of this letter?
A I'd object on the confidentiality grounds.
Q You're not going to testify about whether or
not you provided a LAP authorization fonn?
A I'm going to object on the confidentiality
grounds. Whether I provided a LAP form, a form to your
confidential LAP program?
Q Yes.
A I'm going to object on confidentiality grounds.
Q I'd like to certify all the questions where Mr.
Coughlin is making objections on confidentiality
grounds, privilege Qrounds, 'ust those grounds at this
Page 41
time.
I'm handing you what's been marked Exhibit 10.
l~s a letter dated January Jrd, 2007 to Zachary B.
Coughlin from Susan 1. Kagan on State Bar of California

letterhead. Do you recognize Exhibit 10'?

A I believe this is a letter that you, Susan
Kagan, sent me.
Q And tlUs letter has attached to it an
9 authorization for disclosure and release of information,

5
6
7
8

10 eorred?
11
A Yes.
12
Q Did you receive this letter'?
13
A I believe so.
14
Q Did you provide the LAP authorization form to
15 the State Bar in response to this letter'?
16
A I'm going to object on confidentiality grounds
17 and answer that I do not believe I provided this fonn to
18 the State Bar.
19
Q You do not believe -- did you or did you not
20 provide the fonn'?
21
A 1 don't believe I provided this fonn.
22
Q Are you refusing to provide the LAP
23 authorization fonn to the State Bar'?
24A
0 I'm not sure.

~z'~~~2.2~~~1~6~tgo4z~.~'~h!'N~B~.C~OU~"'h~l~in~frgo~m~s~u~s~an~K~:a~.,an~.~D~o~.~~~~~.~_2;5"-~~~Y~o~u',~e~n~o~tJs~ttI~ehw~he~t~h!e'~O~'~n~o~'t~VtO~u~:,~e~r~'fu~sm~~~",~?~~
11 (pages 38 to 41)
Bonanza Reporting-Reno

1111 Forest Street, Reno, NV 89509

() n I

775-7867655
5dC414bb-ef6J-42a4.acaa-a01 a72eee67

Coughlin An Applicant for Admission

Zachary Coughlin

March 2, 200

Page 42

A
3

5
6
7

8
9
10
11

12
13
14
15

16
17
18
19

20

21
22
23
24
25

Q Do you agree to provide the LAP authorization

form to the State Bar?

1
2
3

I don~ know what the conditions are,

Q .Ye~ or no, do you agree to provide the LAP

authonzauon form to the State Bar as part of this
proceeding?
A Do I agree to sign this fonn?
Q

Page 44

Yes.

Not at this time.

Q. ,At any time in these proceedings, will you be
provldmg that Conn to the State Bar?
A I don't know.
Q What is your basis for not providing that form
at this time?
A I don't know.
Q You don't have a basis for refusing to provide
this form?
A I'm not sure.
Q As of today, will you sign that form and
provide it to me?
A No,] won't.
Q Mr. Coughlin, are you aware that your father
advised your law school that you had a chemical
denendencv oroblem?

5
6
7
8
9

10
11

12
13

14
15
16

17
18

19

20
21
22
23

2.

25

Objection, calls for conjecture.

Q You can still answer the question.

A Pm not sure, and I'd also say that I don't
know that my father did that.
Q In law school -A Susan, would it be okay if we took a break?
Q Sure, we can go off the record for a break.
(A recess was taken.)
BY MS. KAGAN:
Q Did you have a girlfriend during law school?
A I believe so.
Q Who was that?
A I think 1 had more than one girlfriend during
the period I went to law school.
Q Is there a girlfriend that you dated for -strike tbat.
In your testimony before the Nevada State Bar
committee, you stated that you had -- you had just
broken up with your girlfriend of two years prior to
your graduation from law school; is tbat correct?
A I believe so, yes.
Q Who was that?
A I'm going to object on privacy grounds.
Q You can still answer the question.
A That !!irlfriend was a 1!irl named Melissa.

Page 43

I~

1
2

3
4
5
6
7
8
9

10
11
12

13
14

15

16
17
18
19
20
21

22
. 23
I "); 4

Huh-uh.

oJ

A I'm not sure.

Q Did your father ever advise you that he told
the law school you had a chemical dependency problem?
A I'm not sure.
Q Do you have a chemical dependency problem?
A Can you define a chemical dependency problem?
I don't know what you mean by that.
Q Do you have a dependency on substances, illegal
substances or narcotics?
A I don't believe so.
Q Did you at the time that you were attending law
school?
A I don't believe so.
Q Did you take any illegal substances or
narcotics during your attendance of law school?
A J object on privacy, Fifth Amendment grounds
and ADA grounds.
Q I'd like to certify that question.
A Can you repeat the question, please?
Q I'm sorry, can you read the question back?
(The record was read by the reporter.)
THE WITNESS: I don't believe so.
BY MS. KAGAN:
0 Do you know why your father would advise tbe
law school that vou ~~ a chemical deoendencv nroblem?

Page 45
1

2
3
4
5
6
7

9
10
11

12
13
I.

15
16
17
18
19

20
21
22
23
2.
25

Q
A

Last name?
I'm not sure what her last name is.
Q Did you date her for two years?
A lIb-hub.
Q And you don't know what her last name is?
A Not today I don't. She might be married, she
might be single.
Q What was it at the time?
A Morris.
Q M-o-r-r-i-s?
A Yes.
Q Was she also a law student?
A No.
Q Do you have any idea where she is today?
A No.
Q What was your last known address for her?
A I don't know.
Q I want to go back to discussing your law school
career. In law school, did you work for lhe law
library?
A Yes.
Q And what were the dates of that employment?
A I'm not sure .
Q Give me an estimate.
A It was sometime durin" lhe first vear of law

12 (Pages 42 to 45)
sonanza Reporting-Reno

1111 Forest Street, Reno, NY 89509

dOl?

775--786-765
Sdc414bb-et63-42.4-aca.-aO 1a 72eee

COllg

Coughlin - An Applicant for Admission

zachary Coughlin

March 2. 2007

Page 48

Page 46

school.
Q So in 2001? I'm sorry in 1999?
A Ilhink so, yes.

2
3

1
2
3

5
6
7
8
9
10

4
.-;nd how long did you work there?
A I m not sure.
Q Is. there anything that would refresh your
recollection regarding the dates of employment?
7
A ~ayhe s~me sort of payroll.
8
Q . I ~ handmg you what's been marked as Exhibit 9
4. ~IS .IS a State Bar of Nevada Application for
10
Ad~l~slOn. 200 I, Data Input Sheet. Do you recognize 11
12
Exhtblt 47
13
A Yes.
14
Q How do you recognize it?
15
A I believe it's data input sheet.
16
Q Is this something that you filed with the State
17
Bar ofNevada7
18
A I believe so.
19
Q Did you fill out this fonn?
20
A I believe so.
21
Q What 1'd like you to do is tum to what's
22
called attachment A. It is the first attachment to the
23
application for admission input sheet. Do you see
24
Exhibit A or attachment A?
25
A Yes.

11

12
13
14

15
16
17
18
19
20
21
22
23
2.
25

I'd say it's a rough estimate.

Q
A

And what was your -.

Perhaps a linle bit long.

Q Did you ever amend this application to include

more accurate dates?

I don't believe so.

\hat was your position?

Front desk clerk.

Q And what did that entail?

A Checking out books, checking in books.
Q And how many hours a week did you work?
A I'm not sure. Roughly somewhere between J 2 and
15, something like that.
Q Fifteen hours a week?

Uh-huh.

Q Who was your supervisor?

A I believe it was James King.
Q Who is James King?
A I believe he was my immediate supervisor.
think he __ I don't know quite what his position was. I
don't think he was the head law librarian. I think he
was somehow involved with the IT department of the law
library and 1 think he might have just been the manager
of the staff.
Q How did you obtain the oosition1
Page 49

Page 47

:;,

Q And at the top of attachment A, it states,

2
"Month and year of beginning and ending employment, from
3 10-99 to 5-2000. Name of employer or finn, University
4
of Nevada Las Vegas Law Library." Is that the
5 employment that you were just discussing?
6
A I believe so.
7
Q So is it accurate thaI the dates of your
8 employment were from 10-99 to 5-2000?
9
A I'm not sure.
10
Q Atlhe time that you filled this out, do you
11 believe thal you were sure about the dates of your
employment?
13
A I'm [lot sure.
14
Q Would you have put something inaccurate in this

1
2
3
4
5

6
7

8
9
10
11

12

12

13

15 application?
16
A NOlan purpose.
17
Q Is there a reason for yOU to believe that those

14
15
16
17
18
19
20

1 a dateS are inaccurate?

19
A I wouldn't say that I'm sure they're inaccurate
20 or mat rIll sure they're accurate. 1 would imagine
21 they're close. However, 1 couldn't say for sure that I
22 didn't start in II of '99 and end in 4 of 2000, or that
23 10-99 means October I st or October 31 st, so -~4.
Q But is this approximately the time that you
.5

..... orked for the law Iibran?

A I was studying there a lot and a law librarian

or someone who worked there mentioned that it might be
good if 1 just got a job there.
Q During your employment with the law library,
did you ever have any complaints about your perfonnance'?
A I think so.
Q And what were those'?
A 1 think there was a complaint about how 1 put
stickers on envelopes.
Q What do you mean by that?
A That they weren't done as carefully as they
might have liked to have seen them on the envelopes.
Q Anything else'?
A I think there was somethin,g about not
photocopying something as well as they might have liked
to have seen it photocopied and something like that.
Q Now, when you say there were complaints, was
anything ever done about those complaints?
A I think it was mentioned to me that I should
photocopy things better and affix labels to things more

21 carefully.
22
Q Why did yoU stop working for the library'?
23
A I don't know exactly. I remember -- I'm not
24 sure.
25
Q Were you tenninated from your emol~yment'?

13 (pages 46 to 49)
775-786-765

Bonanza Reporting-RenO

1111 Forest Street, Reno, NV 89509

In, ')

SdC414bb.ef63-42&4-acaa -a01a12 ee

Coughlin -

An

Applicant for Admission

March 2,

Zachary Coughlin

Page 52

Page 50
~1

A I'm not sure. I don't know how it would be

descn"bed.
Q Well, why don't you describe the events that
sUITounded the end of your work for the library.
A I just think there was a combination of the
envelopes and other things where they weren't wanting me

to continue as an employee.

Q And did somebody actually personally tell you

that?

2
1

2
3
4
5

Yes.
Q Who was that?

9
10
11

12

,.

12

13
14

10
11
1

The law Iihrarian.

Wbo was that?
A Corey Staley.
15
Q And what did he say to you?
16
A I don't remember.
17
Q Do you recall there being an incident where you
18 took ten dollars out of the library funds?
19
A The change box?
20
Q Yes.
21
A I recall an incident where I put a note in the
22 change box.
23
Q And what was that in relation to?
2. A To the best of my memory. the note was to the
25

13

15
16
17

18
19
20
21
22

23
24
25

Q What made you take the money out and put in an

IOU?
A I believe I had a bit of an emergency with -- I
don't remember actually. I think it involved my car
that was broken down and I had to pick somebody up from
the airport, something like that.

Prior to laking the money oul of the library

cash box, did you ask anyone to borrow that money?

A Yeah, I think so.

Who did you ask?

A I think I asked Ron.
Q And what did he say?
A 1don't think he had it, but r don't really
remember. I think I asked him iff could borrow his
car, too, and I don't think he said I could.
Q You don't think he said you could?
A Yes.
Q Can you speak up a little? I'm having a bard
time hearing you. When did this happen?
A I'm nOI sure . Sometime in 2000.
Q Was it within a few weeks of your being let go
from your employment?
A I believe so, yes.
Q Did anyone ever talk to you about the IOU?

Page 53

Page 51

for ten dollars and that it was an emergency and that I

would be returning it in the moming.
Q Was anyone else working at the library at that
3
4
time?
A Yes_
5
Q
Who else was there?
.
6
A
I
believe
it
was
-this
was
late
at
rught.
I
7
believe
it
was
a
fellow
clerk.
8
Q Who was that?
9
A A guy named Ron.
10
Q Ron what?
11
A I don't remember.
12
Q Was he a law student?
13
A No.
14
Q Did you tell anyone that you were putting the
15
16 IOU in exchange for taking the ten dollars out of the
17 change box?
A I think I told Ron, and I know that act of
18
19 puning the IOU note tells people because it's counted
20 every day.
Q Who counts it?
21
A I believe 3 lady named Joy counted it.
22
Q
Were you ever told that you could take money
23
out
of
the
change box for your own personal use?
1<
1

2
3
4
S

6
7
8

10
11
12
13

14
15
16
17

18
19
20
21

22
23
24

Q
A
Q
A
Q
A

Whodid?
Corey Staley.
And what did he say?
That he wasn't happy about it, 1 believe.
Anything else?
Not that I remember.
Q Had you ever known anyone else during your
employment with the law library to take any money out
the change box for their own personal use?
A I'm not sure.
Q Did you ever replace the money?
A Yes.
Q When?
A The follow ing morning.
Q In law school, was there an incident where you
complai ned to a professor who gave you a B in your first
semester?
A rm not sure.
Q Did you ever make any complaints against any
professors during law school?
A Can you define complaint?
Q Did you ever write a letter to the Dean or to
the professor complaining about the professor's
perfonnance in a class or behavior in a class?

\
14 (Pages 50 to 53

Bonanza Reporting-Reno

1111 Forest Street, Reno,

II

NV 89509
I I.

Coughlin - An Applicant for Admission

Page 56

Page 54

,1,
'2

March 2, 2007

Zachary coughlin

Q
A
to.

2
3

And can you describe that?

Perhaps you could tell me what you're referring

Q
A

1
2

Well, exhibit-For instance, \46. Some ofthern seem to be to

3 C. Luce.

Q And who is C. Luce?

A I think it's an employee of Mark Tralos.

5 are you thinking about?

6
Q Did you understand that anything coming or
6
A I'm not sure.
7 going to C. Luce was actually from Mark Tratos?
Q Did you ever complain about any of the grades
7
8
A J trunk I assumed that.
8 that you received in law school?
9
Q Now, what was the impetus for these e-mails?
A I'm oat sure. Can you define complain?
9
l o A Mark Tratos contacted me asking for another
Q I just did. Did you ever write a letter or
10
11 copy of the paper that I had turned in for his class.
I I advise the Dean or professor about your unhappiness with 12
Q And why was he asking you for another copy?
12 the grade thaI you received in a class?
13
A 1 don'r know.
A I'm not sure.
13
14
Q Was there a problem with the paper that you
Q Did you ever tum in a paper to Professor
14
15 originally turned in?
Tralos
in relation to his cyber law class?
15
16
A I don't know.
A Yes.
16
17
Q Reviewing these e-mails now, if you'd take a
Q Did you tum it in on the date that it was due?
17
18 minute, does that refresh your recollection about why he
A Yes.
18
19 was asking you fOT another copy'?
Q Do you have a copy of that paper?
19
20
A It's something I'm not clear on, nor have I
A I don't know.
20
21 ever been clear on. I don't understand why he would say
Q The actual paper, did you make a copy ofil
21
22 give me another copy of your paper. Why not, I never
before
turning it in in class'?
22
23 got a copy of your paper in the first place.
A I'm not sure.
24
Q At some point, did you come to fmd out \hat
23
Q Isn't it true that there -25 Professor Tratos did not have a CODY of your paper'?
2'
A 1 might say that I do remember an e-mail from
Page 57
25

Q What are you -- when you say you think so what

Page 55

Professor Tratos saying please provide another copy of

2 your paper, key word being "another."
Q I'd like you to 3
A Because I don't know why he would say "another"
4
jfhe didn't get one in the first place.
5
Q I'm handing you what's been marked Exhibit 5
6
and this is a packet Exhibit 5 is a packet of e-mails
7
and I'm just going to read the page numbers out. It
8
starts with ._ these are page numbers at the top
9
10 right-hand comer, 162, 163, 160-A Can I mention something'? 163 is what I was
11
12 referring to where it says another.
Q We'll gO back to that iojust a minute. I just
13
wanl to read what'S in the exhibit. 161, 158, 159, 156,
151,149,150,151,152,153,154,155,146,140,120,
15
121, 119, 119, 116, 117, 112,36,37,28, 29. Thai
16
Exhibit 5.
n encompasses
What I'd like yOU to do is review Exhibit 5 and
18
tell me jfyou recognize Exhibit 5.
19
A I believe I do recognize it
20
Q How do you recognize it?
21
A It looks like' it's a collection of e-mails.
22
Q E-mails between you and Professor Tratos?
23
A Some of them, yes. I think there might be some
2' that arc not 'ust from or to me or Mark Tralos.
.
. ' .~-- .....
...
5

"

-.

1
2
3

4
5
6

7
S

9
10
11
12
13

14
15

16
17

18

A J don't know that I could say that.

Q Did you ever come to find out that he wasn't
issuing you a grade because he did not grade your paper?
A I was __ I don't believe that I was ever
clearly __ that it was ever clearly explained 10 me
exactly what I was being accused of or whether or not
Mark Tralos had a copy of my paper.
Q What -- if you recall from reviewing these
e-mails, were you able to provide Professor Tratos
another copy of your paper?
A I believe I provided him a draft of my paper.
Q Is that what is starting with Page 149 of the
exhibit through Page ISS'?
A I'm just going to mention that I'm objecting to
this line of inquiry regarding this for the reasons I
mentioned earlier and that this doesn't fit in with
anything in the character application directed towards
scholastic discipline because I wasn't disciplined for

20

this.
Q

21
22
23

question.
A Okay. Could yoU repeal the question?
Q Is this the draft paper that you turned in'?

19

24
25

A
0

I'm still going to _. you can answer the

I believe so.

Pa{!es 149 Ihrou{!h ISS?

15 (pages 54 to 57)
775_7B6-7655

sonanza Reporting-RenO

1111 Forest Street, Reno, NV 89509

ulli3

5dC414bb-ef63-4284-acaa.,a01172eee67

Coughlin - An Applicant for Admission

5
6
7

8
9

10
11

,
:2

,.
1

,
\
\
\
\

12
13
14
I 15
1 16
, 17
,18

119
20
:21

22
23

2.
25

Page 60

A Yes, I believe so.

Q Why did you tum in this draft?
A ,This was in response to Mark Tratos' e-mail
wherem he asked me to tum in another copy of my paper
Q Why did you tum in a draft versus the fmal
.
copy of your paper?
~ I believe the final copy of my paper wasn't
available to me.
Q Was what?
A. I believe I couldn't get it. I had a laptop
~at It w~s on and that had died at that point, become
maccesslble, and I didn't have another copy that J
could find either on disk or hard copy of the exact
paper that I turned in that day.
Q What happened to your laptop computer?
A 1'm nol sure. I just know that it wouldn't
turn on any more.
Q And when did that start happening?
A Shortly after this class ended.
Q When did the class end'?
A l'm not sure. It would have been right around
the time I took the bar.
Q When was that'?
A July.
Q 2001 or 2oo2'?

investigation'?
A As I mentioned earlier, that is nOI something I
could say with particularity what I was being accused
4
of, and I'd be curious if you might be able to do that
5 as well. From having access to all these, if you could
6 teU me or somebody at some point could tell me exactly
7 what I was being accused of.
8
Q Did you ever ask what you were being accused
3 of?
l O A Yeah, I believe so.
11
Q Were you everinfonned?
12
A I couldn't say that I was informed with any
13 degree of particularity other than we think something
14 went on that shouldn't have gone on.
15
Q Was there a question about whether you in fact
16 turned in a paper when it was due to Professor Tratos?
17
A I don't know.
Q Isn't it true that -A I didn't feel I was in a position really to gel
20 very much information.
21
Q What is your opinion of the content of your
22 e-mails to Professor Tralos'?
23
A Can you be more specific?
24
Q Do you believe -- I would like you to describe
25 what vou would characterize vour e-mails 10 Professor
1

2
3

,.

Page 59

3
4

5
6
7

B
9

10
11
12
13
14

15
16
17

18
19
20
21

22
23
4,

March 2, 2007

Page 58

".,

Zachary Coughlin

2001.

Are you talking about the Nevada bar?

A Uh-huh.
Q Was this a summer course'?
A Yes.
Q Were you laking this course at the same time
that you were laking the Nevada bar?
A Yes.
Q I'd like you 10 take some lime to review these
e-mails if they are nol clear to you, if your memory is
oot clear of the incident and I'd like you -A It's cleaT. It's been a central part of my
life for the last seven years, Susan, so I'm very
familiar with it.
Q So I would like your description of what
exactly this situation -- what happened in this
situation?
A I look a class, I turned in a paper, professor
contacted me. The class ended late July. Professor
contacted me in, I believe, September 7th and asked fOT
another copy of the paper. I looked for a copy of the
exaci draft i turned in, I couldn't find it, it wasn't
a,,'3ilabie. I gave h~m a copy of a draft I had. That
was followed by an academic investigation.
0 Do vou know why the~~_academic

8cnanza Reporting-Reno

Page 61
1
2
3
4

6
7
8

3
10
11
12

13
14
15
16
17

18

19
20

21
22
23

24
25

Tralos to be?
A i don't know, a learning experience.
Q I'm specifically asking about the content of
your e-mails. Would you characterize them as
professional?
.
A I'm not sure. I don't know quite what you mean
by professional.
Q Reading through these e-mails now, what is your
opinion of your e-mails to Professor Tratos?
A Something lleamed from.
Q And describe that, what do you mean you learned
from?
A Just 1 think 1 learned that if you're accused
of doing something, that you need to have respect for
the process regardless of whether you think that you
should be accused, and that I need to choose my words a
lot more carefully. I was 24 when this was going on.
Q Would you handle this differently today?
A Yes, I believe I would.
Q How so?
A They'd be a lot shorter.
Q The e-mails?
A Yeah.
Q What else, anything else?
A I'd like to think that 1 would have backc:d ~P_

16 (pages 58 to 61)

1111 Forest Street, Reno, NV 89509

775-786-7655
5dc414bb-effiJ-42a4-acal..a01 a72eee673

COughlin

An_
r - -_ _ _- _
Applican t

for

AA_~

'-"'''''81>..",_

March 2, 2007

coughlin _

An

MPP
~
1 icant for Admission

Zachary coughlin

Page 64

Page 62

1
'2
3

. paper
I
. ' 1 wou Id h ave had more procedures
my
better.today
10 p ace t~ aVOId bemg at the mercy of a laptop die.
Qh' Gomg to the content of the e-mails was th'"
anyt
.
. . mg go'mg on .
m your
hfe at the time that you were
wn~mg
these
e-mails
that
caused
you stress?
5
. Well, I had just taken the bar. I took it
7 whIle ,I was still in school, so 1 think thai made it
especlally stressfuL
Q Anything else?
A I took it a year early. I took it while 1 was
10
11 still in school.
Q Anything else'?
12
A I don't know. I'm not sure what you mean.
13
Q Were you drinking alcohol during this time
14

,.,.

15 period'?

2
3

correct?
.
A I do recall seeing Dr. Hunter.
Q And what were you seeing him for?
7
A I'm not sure. I recall my attorney at the time
being
instrumental in me seeing bim.
9
Q
And do you still see Dr. Hunter?
10
A
No.
11
Q Do you see aoy other therapists?
12
A I'm going to object to that, coofidentiality
13
14 grounds and physician/patient privilege.
15
Q You cao still testify about who these people
16 are if you're seeing them. You don'l have to testify
5

A I'm not sure.

Q Is there anything else that wou\d affect
your .- that affected your -A I think 1 probably had drank alcohol al some
time during this -- if you're talking about these
months, yeah.
Q So we're talking about approximately September
through December, 200 I?
A Correct, yes.
Q Do you think that the alcohol consumption

17

"20
21
22
23
2'
25

Q Do you seek treatment for that?

A I'm oot sure what you mean.
Q I understand as part of the Nevada proceedings
you actually sought treatment with a Dr. Hunter; is that

about the content.

A I do see a psychologist approximately once a

17

18

month.
Q Is this the same psycbologist tbat you had been
21 seeing that you advised the State Bar about? Actually,
22 strike that. 'Who is the psychologist?
A Oliver Ocskay, O-c-s-k-a-y.
23
Q And you're still seeing Dr. Ocskay?
2'
A Yes.
25
Page 65

19

20

Page 63

affected any of the content of\hese e-mails or the way

you bandIed the situation?

A I'm not sure.
Q Do you think there was anything else that
affected the content of the e-mails or the way you

2
3

handled the situation?

A 1 think roy age at the tiroe, you know. 1 think
7 the fact that I believed __ I'm not sure.
Q Do you currently suffer from stress?
A 1 don't know what you roean by tbat.
10
Q You said yOU were under a lot of stress at the
11 time that you were taking the bar in 2001 and at the
12
time of these e~mails. correct?
13
A I don't remember saying that.
14
Q It was a stressful situation, did you not
15 testify that it was a stressful situation?
A I believe you asked me whether I was under
17 streSS at that poiot and I said I had just taken the bar
18 and it may have beeo a source of stress.
19
Q Was it a source of stress?
20
A 1 think it was, yeah.
21
Q Are there any other sources of stresS in your

,.

22
23

-"

'.

lifeAright
noW?I think everybody has sources of stresS
yeah,

So approximately how long have you been seeing

Dr.Ocskay?
A Since 1 believe early 2003. Maybe mid to early

2003.
Q And he's in Reno?
A Yes.
Q How often do you see him?
A Approltimately once a month .
Q As part of your application to the Nevada bar,
there was a hearing before 1 believe the Committee of
Bar Examiners on March 1st, 2002. Do you recan that

10
7

11

12 hearing?
13
A Yes.
14
Q At some point that hearing was terminated. Do
15 you recall the reason for the termination?
A No, not with particularity.
17
Q Do you recall your mental state at the time of

,.

the hearing?
A I'm not sure what you mean.
19
Q Was __ first of all, were you represented at
20
21 that hearing?
A No, I wasn't.
22
Q Do you recall how you reacted during that
23
24 meeting?
25
A ValJl.lelv .

18

17 (pages 62 to 65

In their life.

775-186- 76

sonanza

Reporting-Reno

1111 Forest Street, Reno, NV 89509

lin I 7

Sdc414bb.ef3-'2a4.acaa-a01a72e

Couahlin - An Aoolicant fnT

Anm;~~inn

Coughlin - An Applicant for Admission

Page 68

Page 66

Q Can you describe what you remember?

2
A Can you be more specific?
Q Well, emotionally how were you handling the
3
meeting?
S
A 1 don't know how I would describe it like an
ordinary human being would handle it.
'
7
Q Let me rephrase the question. Were you
emotionally able to continue with the hearing, or was it
stopped because of your emotional state?
A I'm not sure. 1 believe 1 could have continued
10
11 the hearing.
Q So it wasn't your decision to stop the hearing?
U
13
A I'm not sure.
Q At some point you did go back for another
14
is hearing before the Nevada bar, correct?

i.

,.

17

i'

A Yes.

A I don't believe I can speak for the Nevada bar.

Q Can you describe what your emotional state was
at the time of the hearing?
A Well, concerned, you know. I recalll had just
4
taken
the California bar the previous three days and
S
driven back that night and had the hearing the next day.
Q Were you stressed?
7
A 1 wouldn't say I found the Califom.ia bar exam
to be a relaxing experience.
Q But were you stressed at the time of the
10
1> meeting?
A I'm not sure, but I would imagine in
12
combination
of having a hearing with the Nevada bar and
13
the preceding three days taking the California bar and
14
is the travel involved added up to be a demanding
i. experience.
Q Where did you take the California bar in
17
Februar}',2002?
A San Diego.
i'
Q You drove from San Diego back to Reno?
20
A Yes.
21
Q The day ~efore the hearing?
22
A Uhhuh.
23
?
Q Was that a yes?
l an;:,
A Yes. the night before the hearin!!..

,.

,,.

Q Did you pass?

A

Yes, I did .
Yes,l did.

Q And what is your status right now with the

patent bar?
A I believe I'm a registered practitioner.
Q What does that mean?
A That ] can prosecute patents before the patent

10

Q Why was there a second hearing?

20
A I'm not sure. I believe it was because the
21
22 Nevada bar called for it.
Q Would it be fair to say that the Nevada bar
23
stopped
the hearing because it detennined you to be in a
2.
weak
and
emotional slate?
2S
Page 67

3
4

S
9

counsel?

1
2
3

A Yes.
Q And at that time you were represented by

Q Did you take tbe patent bar?

~1

March 2, 2007

Zachary Coughlin

11
12
13
14
15

16
17
18
19
20

21
22
23
24
25

and trademark office.

Q Are you an agent or an attorney?
A I'm not sure. I believe I am an attorney given
that I'm licensed in Nevada as an attorney.
Q Did you ever look into tbat, whether or not
you're an attorney or an agent?
A I'm not sure.
Q You're not sure whether or Dot you ever
investigated tbat?
A That's correct.
Q Do you have a certificate stating that you are
an agent?
A I got a certificate stating that I was an agent
prior to being licensed as an attorney.
Q Did you ever receive your certificate stating
that vou're an attorney?
Page 69

A r don't believe they do thai absent you

requesting another certificate to be mailed. I've known
patent attorneys who were licensed as agents prior to
4
becoming attorneys and they still have their agent
5 certificate on the wall.
6
Q Do you do any patent work?
7
A Not currently.
8
Q Did you ever?
9
A I'm not sure that 1 ever filed anything with
10 the patent office. I've done some research work for a
11 couple patent attorneys in Las Vegas I did a project
12 for.
13
Q Which attorneys were those?
14
A Anderson Morshita.
15
Q Do you have any business cards or letterhead
16 regarding your admission to the patent bar?
17
A No. I might have sent oul a resume at some
18 point indicating that I passed the patent bar.
19
Q At this point, do you believe you are a patent
20 agent or a patent attorney?
21
A I'm not sure. I believe I'm a patent attorney,
22 though, given that J'm a licensed attorney in Nevada and
23 that I've passed the patent bar. It's my understanding
24 that that's the requirement to be a patent attorney is
25 to be licensed in one iurisdiction as an attom~v an~ to
1
2
3

18 (pages 66 to 69)

Bonanza Reporting-Reno

1111

Forest Street, Reno, NV 89509

nlo

775-786-7655

COughlin

1,

An Applicant for Admission

Zachary coughlin

pass the palent bar.

Q You said that's your understanding. Where did
you -- slrike that.

1.

4
5

Did you ever investigate whether or not that is

fact the case?

I'm not sure. I think my memory is not
e~urel)l clear on this. However, it's possible there
might have been some correspondence that said that now

In

7
8

that I'm licensed in Nevada, I'm a patent attorney.

Q Do you have that correspondence?
11
A I'm not sure.

10
>2
13

,.

,.

Q Have people asked you whether or not you are a

2
3

7
S

9
10
11.

12
D
14

member of the patent bar?

A Yes.
And have they ever asked whether or not you

15

were an agent or an attorney at the patent bar?

17
A I think so.
18
Q What have you advised them?
A That J passed the patent bar.
Q Do you tell people why you are a patent
20
21 anomey?
A It's not something I generally tell people.
22
Q Have you ever told somebody you're a patent
23
2' anomey?
A I'm not sure. I know I've told oeople I've
2S

16

lS

"

i~
S

10
11
>2

,.

14

lS

17
18
19
20
21
22
23
:2

1.7
18
19
20

21

22
23
24

25

And when was thaI?

Sometime in the last quarter.
Q Can you be more specific?
A I'm not sure.
Q Was it in the last month you performed some
work for Mr. Hall?
A I don't believe so.
Q Is it H-a-I-J or H-u-I-I?
A H-a-I-1.
Q Was it in the last two months?
A fm not sure.
Q What about the last three months?
A Possibly.
Q What about other employment in the last three
months?
A 1 don't believe I've been employed in the last
three months.
Q What about in the last six months?
A Six months ago would have been August. August,
September, October, November, December. No, September,
October, November, December, January. That's six
months, right?
Q Sure.
A Yes, I had ajob.
Q What was that?
Q
A

Page 73

Page 71

\~"

7'.5

passed the patent bar and I'm an attorney.

Q Do you ever tell them thai you're licensed as a
patent attorney?
A I'm not sure.
Q At lhis point in time, though, yOIl believe you
were licensed as a patent attorney?
A I'm not sure, but I do believe that I'd be
considered a patent attorney rather than a patent agent,
although I'm oat sure. I haven't been working in tbat
field and I haven't been __
Q Ne you currently employed?
A No. I'm looking for work.
Q When was your last employment?
A I'm not sure. I believe it might have been
some research work 1 did.
Q For who?
A Actually, I don't know that that's employment.
Q Let me define employment. Have you perfonned
work for remuneration?
AYes.
Q And when was the last time you did that,
whether it be legal or non legal?
A I think I might have been working as an
independent contractor doing legal research for an
attornev. a local attornev named Tom Hall.
._,-...

Bonanza Reporting-Reno

---

March 2, 2001
Page 72

Page 70

-2

1
A I was a cashier.
2
Q Where?
3
A Albertson's.
4
Q And where was that?
5
A Reno, Nevada.
6
Q Where in Reno?
7
A West 7th Street.
8
Q How long were you employed there?
9
A I would say roughly two months.
10
Q How many?
11
A Roughly two months.
12
Q Did you have any other employment althat time?
13
A I'm not sure. It's possible I did a research
14 assignment for Tom HaiL
15
Q Why did you leave your employment at
1.6 Albertson's?
17
A I don't know that I could characteriz.e it with
18 sufficient particularity and accurately, but 1 do recall
19 that the manager mentioned to me that he didn't feel I
20 was cut out for this type of work.
21
Q What do you think he meant by that'?
22
A I'm not sure. Perhaps he meant that I didn't
23 have a real talent for being a cashier.
24
Q What was his name?
25
A Steve Wallace .

1111 Forest Street, Reno, NV 89509

19 (pages 70 to 73)
775-786-7655
5dc414bb-effi3-42a4~caa-aO' a7 2eee673
5ac41466-6fti3~2a4.. caa"'\l1l!.Tleeebl ;,

~OU9hlin

- An APP l'1cant for Admission

March 2, 200"1

Zachary Coughlin

Page 76

Page 74
1
2
3

W-a-I-I-a-c-e?
A Uh-huh.
Q So was your
Albertson'
d.d emp Ioymenttenninated by

And I object to the question on privacy

grounds.
Q You can still answer the question.
4
A And I worked as a customer service
A I d:~,~~~;:~oluntariIY leave that position?
5 representative as well.
I you mean by terminated
5
Q Where?
6
.
Q W ere you fired?
6
7
A A place called West Corporation.
7
A I'm not sure that I was fired
Q West, We-s-t?
8
Q Did you leave on your own 'accord?
9
A Uh-huh.
9
A I don't think so.
Q What is that?
10
~~
Q So if you didn't leave on your own accord how
A It's a call center.
11
would you characterize the parting of ways b tw'
Q Where is it?
12 and Albertson's?
e een you
A Reno, Nevada.
13
.A The manager indicated to me that he didn't
Q What was your position?
14 think 1 was cut out for the job. 1 recaJ1 there being
14
A Telephone support for Cingular Wireless.
15 some talk of cutback. They were cutting hours a lot
15
Q Where in Reno?
16 Uyou made a mistake that cost the company money' they 16
A I believe it's on Corporate Boulevard in Reno.
17
7 would cut your hours, so I don't know if I was laid
Q Do you remember the exact address?
~8 or what.
,9 AQ No.
How long did you work for West Corporation?
19
. Q Did you receive -- are you on unemployment
20
A
I'm
going to object to that because the
20 nght now?
21
21
A I'm going to object to that on privacy grounds.
22 application mentions work for six months or longer and I
22
Q You can still answer the question.
23 wasn't there fOJ six months or longer.
24
Q You can sli11 answer the question.
23
A I'm just going to object to that.
A I believe I worked there about ftve weeks, four
24
Q Certify the question. How do you support
25
Page 77
25 vourselfright now?
\
Page 75
~ weeks, five weeks, something like that.
Q Did you have a supervisor?
1
ha\'e some money saved.
2
A
1
A 1 had a trainer.
3
Q From what?
2
Q Who was that?
A From what?
3
A A guy named Steve.
5
Q Yes .
Q Do you know his last name?
6
A From saving money.
5
A No.
7
Q From employment?
Q And what was your reason for leaving that
6

2
3

~~

~ff

,.

10

11

12

15

,.

17

;.

20
21

22

A Yeah.
Q

And what employment was that?

Various employment over the years.
Is there a reason why you're Dot currently

10

11
12
13

working in a legal position?

A I'm looking for work.
Q As a lawyer?
A yeah.
Q Have yOU gone 00 interviews for jobs?

14

15

,.

all your employment for the year of 2006?

A I believe so.
17
Q Let's go intO 2005. Can you list all of Ihe

16

A Yes, I have.
Q What type of work are you looking for?
A

Q
A

Not really.
What about prior to Albertson's, where were you

employed that previouS six months?

A I was unemployed for a period of that and I'm
not sure ift did any work for Tom Hall at that time.

~za

50Reporting-RenO

employment that you had in 2005?

A I worked at a law firm called Hale, Lane.
Q And what did you do for Hale, Lane?
A I was a litigation associate.
21
Q HoW long did you work there?
A Four_and-a-halfmonths.
Annrox~m~telv what ~er~ the dates?
25

19

Legal work.
Is there a specifiC field?

employment?
A If you missed, I believe it's twO days or more
of work within the first 90 days, they can terminate you
and 1 was sick for at least two days.
Q Were you terminated?
A I believe so.
Q So what we've discussed here so far, is that

2'

20

(pages 74 to 77)
775_786-1655

1111 Forest Street. Reno. NV 8950'

I

, ". ,

DIII

",,-'O!)~

Sdc414bb '4l 163 -42a4-acaa-a01a12eee673

March 2:, 2001

____________
r~

Cc'..tgh1in - An Applicant for Admission

-I
,

3
4
5

__

March 2, 2001
~~~~~~_=::~~~ ~'~a~'~h~.~rY~c~O:U~'~h:'=in~----------______________~~~~~~

Page 78

A July 17th 10 December 2nd, 6th, something like

thaI.
Q 2005?
AYes.
Q Why did you leave that employment?
A I was told __ I'm not sure
Q ~id you voluntarily leav~ that employment?
A I m not sure.

10

11

12

Q
A

13

said.

Were you fired?

I'm not sure.
What was the reason that you were provided?
I
b
remem er something about not a good fit being

1
2
3

1.5
16
17
18
19

proVlded?
A I believe so.
Q Did you ever question about any other reasons?
.
A I believe so, yeah.
Q And what was the answer?
20
A J wasn't given further answers.
21
Q Were there any other associates working at the
22 finn al the time?
23
A Yes.
2.
Q Were any of me others also let go around the

25 same time vou were?

not.

9
10
11

12
14
15
16
17
18

19
20
21
22
23
24
25

Certify the question.

I would sayan Page 2, paragraph five entitled
confidentiality that there's language 10 the effect
tbat, "Those entering into this agreement will keep the
terms, conditions and so forth completely confidential
and will not hereafter disclose any information
concerning this agreement to anyone."
Q Do you believe the reason for your tennination
from Hale, Lane had to do with your performance?
A I'm not sure.
Q Were you ever -- prior to the termination, were
you ever talked to by anyone at Hale, Lane regarding
your performance?
A Sure.
Q And what were the conversations?
A There was a number of conversations about my
performance off and on on a weeklv basis.
Page 81

Page 79
1

2
3

5
6
7

ti

9
-"0
11

12
1.4
15
16

17
18

A I dOD'! know. I know there was associates who

left. r don't know the circumstances of their leaving.
Q Was there anything in your-A I know that the fum has a fair amount of
turnover.
Q Was there anything in your opinion that-,;trike that.
Were you ever given a definition of what "not a
good fit" meant?
A No.
Q lnyoUTopinion.whywereyouletgo?
A I'm not sure.
Q I'm banding you what's been previously marked
as Exhibit 7 and this is entitled severance agreement
and release of all claims. It's a five page document
between Zach Coughlin and Hale, Lane, Peek, Dennison and
Howard. On the 5th page of the document, there's a
signature ofZach Coughlin. It's dated April 28th,

2
3
4

5
6
7
B

9
10
11

12

13
14
15
16

17
1.8

19 2006.

19

Do you recognize Exhibit 7?

21
A I'm going to object to this on privacy,
22 confidentiality grounds .. I believe my review of this
2~ document thaI there's confidentiality clauses in the
14 documenl as well., so __
Is this a document that vou si(>ned with Hale,

20

20

Page 80

A I'm going to object to that for the same

reasons.
Q Did you receive any money from Hale, Lane in
exchange for leaving the fum?
A I'm going to object to that and say that I
don't know whether I have the right to answer that or

13

Q. Was that the only reason that you were

Lane?

21

22
23

24
25

Q And what were the content of those

conversations?
A Suggestions, constructive criticisms, feedback
on the work I performed and the manner in which I was
going about performing it.
Q And what were those criticisms?
A They ranged from do less research to make this
writing more clear, more concise, things of that nature.
Q Did you have an attorney, a supervising
attorney at Hale, Lane?
A Yes.
Q Who was that?
A Matthew Hippler.
Q Can you spell the last name?
A H-i-p-p-I-e-r.
Q And was he your supervising attorney the whole
time thaI you were with the f1ITl1?
A Yes. He was referred to as a mentor.
Q When the parting of ways occurred, who actually
handled that on behalf of the flnn?
A Tim Lukas.
Q And who is he?
A He's the managing shareholder.
Q Have you ever, prior to working for Hal:, L;;-ne,
been eiven a severance Dackage as oar! of tennmatlon of

21 (pages 78 to 81)
Bonanza Reporting-Reno

1111 Forest Street, Reno, NV 89509

I I n? I

775-786-7655
5dC414bb-ef3-42a4-acaa-aD1a72eee673

Coughlin - An Applicant for Admission

March 2. 2001

Zachary Coughlin

Page 84.

Page 82

4
5
6

7
S

9
10
11

12

employment?
A I believe so. I'm not sure, though.
Q Do you remember where?
A lb'
.
signed
0 ~ech'
I because,
one,have
I don't
know whether I
anyt
. tng
that would
a similar
c
o~fidenliahty clause as that which I just read so l'
gomg to have to object to that. S
'
m
Q Were you
.
orT)'.
H I La
ever glven any negative feedback at
'Ae , Cnetregarding
.......
ou d
d your
. perfonnance with the fi~?
Q W
you escnbe what you mean by negative?
ere you ever advised by the firm that you
on th e track to be leI go?
A I'm not sure.

wer~

1
2
3
4
5
6
7

8
9
10
11

Q Which Macy's?
A The Macy's in Reno.
Q What's the address?
A I believe it's on Meadowood Mall and Virginia
Street. I'd also objecl to thaI as not being covered by
the six month statement in the character application.
Q How long did you work al Macy's?
A I'm not sure.
Q More than a month?
A V s
Q M:;e than two months?

12
13

A
Q

Yes.
More than three months?

W ere you ever put on probation wilh the finn?

I m nol sure.
'
Were you ever advised that -- was there -. that.
Q
17 stnke

14
15

A
Q

IMore
believe
thanso.four months?

18
Were there any written evaluations of your
19 performance at Hale, Lane'?
A I don't believe so, not that I know of.
20
Q Did it come as a surprise to you when you were
21
22 let go from the finn?
A I'm not sure.
23
Q You're not sure whether or not that was a
2'
25 sumrise to you?
Page 83

18

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14

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16

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10
H

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13

"

15

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2'

'.

Q
A

16

A I'm
not sure.
Q
So approximately
three months, would that be an
accurate description?
A 1 think it was longer than that.
Q Approximately how much longer than that?
A I'd say less than six months. Less than five
months maybe.
Q And why did you leave thaI employment?
A I'm going to object because I believe thai
mi~ht be covered bv a confidentiality ae:reement.
Page 85

17
19

20
21
22

23
24
25

Did you sign a confidentiality agreement?

I'm not sure.
Q How did il occur?
Q Vou can still answer tbe question. Why did you
3
A They came into my office and we spoke about the
leave that employment?
direction of my employment, and beyond that, I think
A I think it wasn't a good fit.
5
it's covered by the confidentiality agreement.
Q Were you fired or did you voluntarily leave
6
Q Who spoke to you?
7 that employment?
A Tim Lukas.
A I'm not sure.
B
Q
You don't recalllhe reason for your leaving?
Q Just Tim Lukas?
9
A
I'm not sure about the reason for my leaving.
A I'm nol sure.
10
You don't know who else was in the office? You
Q
How did it come about that you suddenly no
Q
11
don't remember who else was in the office?
longer
worked there?
12
A
I'm
not sure, but Ilhink it was just not a
A Who spoke to me?
13
You said they came into the office and spoke
good
fil
and
that they might have told me as much.
Q
14
about the direction of your employment. Who was that?
Q
Who
told
you?
15
A
I
think
it
was
a manager named Emesto Colon.
A I talked to a number of people.
16
Can you name them other than Tim Lukas?
Q
Can
you
spell
Colon'!
Q
17
A
C-o-l-o-n.
A J don't know that I can.
18
Okay. During your employment with Hale, Lane,
Q Was that your supervisor?
Q
19
were you working anywhere else?
A Yes.
20
Q What exactly did Mr. Colao tell you?
No.
A
21
prior 10 your employment with Hale, Lane, were
A That I wasn't a good fit.
Q
22
you employed in 2006? Excuse me, 2005?
Q Did you ask him what he meant by that?
23
A And I need to clarify. I don't know that I was
Yes.
A
2.
QO. I don't remember whether I left or was let ~o.
let
Where?
Q
25
J
sold
suits
at
Macv's.
A

No.

1
2

22 (pages 82 to 85)
775-786- 7655

Bonanza Reporting-Reno

1111 Forest Street, Reno, NV 89509

II J }

-l

5dc414bb...,163-42114-acaa-a011172eee673

Coughlin - An Applican~ for Admission

Zachary Coughlin

M.areh 2. 2001

Page 86

1 dOll:t remember. J believe I got licensed right around

that time, ~o 1 don't know whether I just decided to

Start pursulll8 legal jobs or what.
Q To the best of your recollection were you
5
fired from that position?
'
A J don't remember. I'm not sure.
7
Q So fa~ your testimony today, you've relayed at
8
least -- there s been Macy's, Hale, Lane and Albertson's
where you stated that the reason for the separation of
10 employment was not a good fit. Can you deseribe to
11 me--

Page 88
1

12
A. I would say I'm llol sure that's what I've said.
13 I belleve. at Albertson's I mentioned something about
14 cost CUlling.
Q You also teslified not a good fit.
A J think I said that _.
Q Excuse me, didn't feel cut out for this type of
18 work.
A
Yeah.
20
Q J apologize.
21
A
He didn't feel I was cut out for this type of
22 work.
23
Q Can you describe your opinion of your
/ 24 performance as an employee in different positions?
25
A J would sav I'm someone who tries hard and who

r~l

6
7

8
9
10

11
12
13
14

1S
16
17

18
19
20
21
22
23

24
2S

Page 87

has had a rather unique career path or employment path

given some of the circumstances of my involvement with
the legal field and the stale bars of California and
4. Nevada.
5
Q After leaving Hale, Lane, did you seek any
other legal employment?
A I believe so,
a
Q Have you been successful in that search?
9
A Well, I did some research work.
10
Q For Mr. HaJJ?
11
A Yeah. I wouldn't consider that full-time work,
12 so 1 would say I haven'l been that successful in
13 procuring other legal employment wirhin the Reno area.
14
Q What is your relationship with Mr. Hall?
15
A We're acquaintances. I sometimes perform work
16 for him.
17
Q When you perfonn work, do you perform work at
18 his office or off-site?
19
A Generally I go into his office and meet with
20 him and !.hen perform the work usually at the law
21 library.
22
Q Are you still -- at .this time, are you an
/ 23 independent contractor of Mr, Hall?
'4
A fm not currenlly doing any work for him.
:7
0 Do vou believe that YOU still have a workine:

I~

relationship with him. though?

A I believe sometime in the future we might work
together.
Q What kind of work does he do?
A Legal work.
Q Can you be more specific?
A He's real estate primarily.
Q I'd like to take another five minute break.
(A recess was taken.)
BY MS. KAGAN:
Q Prior to your employment with Macy's, did you
have any other non legal employment in 2oo5?
A I'm not sure, but I do remember working prior
to - shortly before starting at Hale, Lane working at
the Men's Warehouse selling suits.
Q Where is that?
A Reno, Nevada, Virginia Street.
Q Did you have a supervisor there?
A Yes, but I don't recall her name.
Q How long did you work there?
A About a week.
Q And what was the reason for you leaving?
A I was offered a job at Hale, Lane.
Q Did you have any friends or acquaintances
workin!! for Hale, Lane at the time that you were hired?

3
4

5
6

7
8

10

11

12
13
l<

"

,.
16

17

"

20
21
22

23
2.

2'

A Yes.
Q Who is that?
A Well, there's a gentleman I knew from high
school. I wouldn't say Ilmew him all that well, but
there was actually a couple people I knew from high
school. There was another gentleman I knew socially.
Q Who was that?
A Named Kelly Testolin.
Q Are you still _. do you still have a
relationship with Mr, Testolin?
A Yeah.
Q Does he still work at Hale, Lane?
A I believe so.
Q Did you work together at Hale, Lane?
A No.
Q What's his position at Hale, Lane?
A He's a partner there in the transactional. He
does health care.
Q Who else did you work with at Hale, Lane?
A I worked with all the litigation attorneys.
There's about ten of them, and the staff.
Q Is there one 8ttorney thai you worked more
closely with than others?
A No.
0 Did any of those attorneys that you worked wilh

23

Bonanza Reporting-Reno

1111 Forest Street, Reno, NV 89509

'I

n/~:

(Pages 86 to 89)
775~7a6-7655

5dc414bb.e163-42a4.acaa.a01 a72eee67 3

':;Ol.lghlin

r _________~An~~Aqp~P:l~eant
Coughlin -

An Applic~-~
....., ...

for Adm'
.lssion

for Admission

.
~1

2
3

4
5
6
7

Qal Was there any specific feedback about your

~rformanc~ wi~ respect to those issues?
.
ere was situatIOns where documents or
pl~dm~ I drafted were proofread and marked up,
thmgs like that. ~r the ~act I would take in perfonning
legal research, I d be gwen suggestions on how I might
bener do that.
Q An~ let's talk about employment in 2004. Can
you descnbe aU of your employment in 2004, legal and
non legal?
A I might have done some work for Tom Hall and J
had a mattress business.
Q That was a self-employment?
A Yes.
Q Was that full-time?
A
r don't know. It varied, you know. It varied
and it was sooradic and it depended on how manv sales I
Page 91

ac~
11

12
13

14
15
16
17

18

19
20

21
22

23

2'
25

I ,"

Page 92

Page 90

m the litigation departm

.
feedback about your ..:.nt ever give you any negative
,
pellonnance?
A I don t quite know what you mean by
.
Q Did they ever give you any feedback?negatlVe.
.
A Yes.
Q C~ you. describe what that feedback was?
A Things hke do good work do it on time d .
as fast as possible, stuff like that:
' 0 It

190

March 2, 2007

Zachary Coughlin

had.

Do you still run this business?

No.

1
2
3
4
5
6
7
a
9
10

case I'd be a litigation associate doing medical

malpractice defense work for the finn in either state
so J guess in the meantime because I wasn't licensed I
was essentially a clerk, researcher.

Q Did they have a division of the firm in Nevada?

A No, they didn't have an office in Nevada. They
had several1awyers who were licensed and had cases in
Nevada, though.
Q So was that the only reason that your
employment ended there?
A I believe so.
Q Who was your supervisor?
A Raben Zimmerman, I believe.
Q Axe you currently licensed in Nevada?

11

12
13

14
15

,.
17
18
19

20

21
22

24
25

Wben did you stop runniog it?

I believe in '05.
Anything else in 2004?
I don't believe so.
What about 2003?
1 recall working at a law finn in Sacramento at

A
9
10 the start of 2003.
What was the name of that firm?
Q
11
Schuering,
ZiDllllerman .
A
12
How long did you work there?
Q
13
APproximately six weeks.
A
14
Wbat was your reason for leaving?
Q
15
And I object, that might be covered by a
A
confidentiality agreement, but J'Il say that I believe
17
not being licensed in either California or Nevada and
uncertainty as to when that might occur was the

A Yes.
Q Is it conditional, or are you fully admitted?
A I'm going to object to that on the basis of
th~1 being confidential and there might be an agreement
with the Nevada bar to which I wouldn't disclose that
information. I'm oot sure.
Q Can you legally practice law in Nevada as a
Nevada barred attorney?
A Yes, I can.
Q And when did that take effect?
A I believe March of ,OS, March 28th of ,OS,
Page 93

1
2
3

something like that.

Q What about any other employment in 20037
A I think I did some work for Tom Hall in 2003.
I think I did some -- I'm having a hard time
remembering. I might have started the mattress business

10
11

12
13
14
15

,.

"17,.

predominant factor.
What was your positioo?
Q
Well. I was hired in anticipation of getting a
A
Nevada law license shortly. In that respect I was
23 essentially hired to be an associate who would work on
Nevada cases unli~ I eel licensed in California in which
ri

21
22
23
2'
25

"

"

20
21
22

'.'

"20

in late '03.
Q At the time you were working at that firm,
Schuering, Zimmerman, were you living in Sacramento?

A
Q
A

Yes.
When did you move to Sacramento?
January, the first week of January of'03.

Of2003?

Yes.
Why did you move there?
A Because I was offered that job.
Q So you moved for the job?
A Vh-huh. r interviewed while 1 was living in
Las Vegas. flew up there and was offered the job, so 1
Q

moved up there.
Q And how long did you live in Sacramento?

A
Q

About two months.

Where did you mOve after that?

Reno.

Q Other than that, had you ever lived in

California?

24

(pages 90 to 93)
775-786-7655

BOnanza Reporting-Reno

1111 Forest street, Reno, NV 89509

IJ

(1 ;1 Lt

5dC414bb-ef63-4214-acaa ..01a72eea673

COUghlin
r-________
-__An~~A~P~P~licant

for Adm'l.ssion

<:Oughlin - An Applicant for Admission

March 2, 200'7

Zachary Coughlin

Page 96

Page 94

2
3
4
5

6
7

No.

o Did you grow up in Reno?

A Essentially for the most p:m
o Now let's go to 2002 .
your legal a~d non legal em~l:ya;:~u. d~cribe all of
n In at year?
oA IWworked ~or some patent attorneys
for awhile
.
as that the Anderson and Morshita'7
AYes, and I don't kno th I
.
1 might have b
.
w at was an employee.
""
h
een an Independent contractor doing legal

,." .
o Where was that?

10

11

12
~!
~5

~6

~7
18
~9

20
21
22

23

2'
25

5
1

2
3

10
11

,2
13
14

15

"

17
18

"

20
21
22
23
~4

. A Las Vegas. It's on Jones Street. It might

J;;t be the Morshita law flflD now because I believe
derson has.gone inbouse somewhere. and I worked for
three months In a similar situation as that wb.ich I
described my employment at Schuering Zimmerman at a flflD
ca.lIed Perry and Spann in Las Vegas where I was hired
WIth the belief that I would shortly be licensed in
Nevada.
However, after three months, I was let go, was
laid that J bad done a good job, but that the
uncertainty as to when I might get a law license ill
Ne\'ada made it such that they needed 10 let me go.
Wbo was your supervisor at Perry and Spann?
A Alan Westbrook.
Page 95

A I believe this is the exhibit you showed me

earlier.
This is a copy of just the written portion. It
3
4 IS eight pages long and it's actually it has the page
5 numbers at the bottom one through eight and on the 8th
6 page there's a signature of Zacbary Coughlin. Is that
7 your signature?
8
A Yes.
Is this .. do you recognize this exhibit as
10 being your update that you provided to the bar?
11
A Yes.
Q What I want to look at is on Page I, you
12
13 provided a list of mailing addresses. First ofall, is
14 there a reason why this update of addresses was not
15 provided until February, 2007?
A Well, I don't know that the State Bar wasn't
16
1'7 provided these prior to that time. There was a number
18 of correspondence between mysdfand my attorney and the
19 State Bar in which these addresses, I believe, were
20 available at least in part, and a lot of this
21 infonnation if you reviewed the file I think you would
22 find.
For instance, earlier you showed me what I
23
24 believe was a correspondence from me to the State Bar
25 indicating that my employment at Schuering, Zimmennan
1

.q

Page 97

had ceased.
0 Did your employment with Schuering, Zimmerman
Morshita?
3 cease, was one of the reasons given that it was in any
A Because I got ajob in Sacramento, a full time
4 way related to the DUl in January, 2oo3?
job in Sacramento and the Anderson, Morshita job was
5
A I don't knnw what you mean when you say the
very sporadic.
6 OUL I've never had a OUI.
Q Any other employment in 2002?
7
Q Your arrest in January, 2003?
A I believe I worked for a few weeks as a
8
A I don't believe so.
researcher for a law firm from Oklahoma that was in Las
9
Q Now
Vegas to defend a wrongful death medical malpractice
l o A I'm not sure, though.
11
Q These mailing addresses, however, tet's look
case.
Q What was the name of thai finn?
12 through these and Ijust want you to on each and every
A Johnson, Hannan, Herrin and Trout.
13 one advise whether or not you've ever been evicted from
Q Anything else, any non legal work?
14 any of these residences. Pue these actual residences
15 where you lived as well, or are these just your mailing
A No, 1 don't think so.
Q Any other legal work?
16 addresses?
A I don't think so.
17
A I believe both.
Q Did you work at all . other than the law
18
Q And is there any difference between _. there's
library, did you work during law school?
~9 a residence history at the bottom o[Page I that also
20 lists, it appears to be the same addresses. Were there
A No.
21 any addresses where you lived thaI were different from
Q Legal or non legal?

Why did you stop working at Anderson and

1
2

No.
22 your mailing address?
1 want to tum to Exhibit 3 which is the
23
A I don't believe so.
wnllen portion of update for moral character
24
Q So I'd like to go through your residence
application of Zachary 8. Coughlin dated February 15th, 25 hist~rv then startinl! at the bel!inninl! of Page 2 and I!O
2007 Do vou rec~{>nize Exhibit 3?

25

(pageS 94 to 97)
775-786-7655

Bonanza Reporting-RenO

1111 Forest Street, Reno, NV 89509

(125

5dC414bb-effi3-42a4-acall-8011172tee673

COughlin

r~I~~~~-~An~~AP~P~l_,_-c~.=n=t~f:o~r_A:dm::'~-S~S~i~o:n~__;Z:';C~h~.;r;Y~C~OU~'~h~l~i~n~______________________~~~~~~
~2

3
-4

March 2, 2007

tl U-OUgh -- Were y
Page 98
_
-d
au
eVicted
from
any
ofth
resl ences? There's
ese

seven eight dN'.

one, two, three, four, five six
"
'
hlerent residence dL
A I believe I was evicted fr' =thesses given.
Street
om e One on Jones

~ ~~~~ Jones Street. number J32?

AnYthing else?
A I don't know that I w,
.
10
other Ones I don't b I'
s eVICted from any of the
11 remembeth .
e leve so, I believe __ I don't
r e CIrCumstances f l '
12
but I seem to recall the
0 eavlng Humboldt Street,
13 propen-., and th
ow~ers Were redoing the
"Y
ere was a dispute b
repaired some damaged
or ?ot
on t recall exactly how that tu
my IlJUt, and
16
moved OUI and I bel'
rnedowners
out other
17 P
mpe~'
thinleve th ey -- the
soldthan
the I
'.y or some
g, but __
18
Q Do you recall who the Owners were?
19
.
A No.
20
Q
Do
you
recall
__
let's
go
back
to
the
Jones
21
22 Street a~dress, 1255 Jones Street. You testified you
were eVIcted from tbat residence?
23
A
That's correct.
2.
Q
Why were you evicted?
25
A I believe it's because my rent was late.
9

~:lt~ey ~ad

~lXo~:~~~ther

Page 100

wasn't aware, hadn't opened the letter I'm not Sure

and so on the 19th fth
'
,
.
0 at month when the officer shOWed
up and saId you're evicted, I did have to leave that
day.

Was that the same residence that was the

subject of two unlawful detainer actions against you?

A I believe so, yes.
.
8
Q And
th
th
.
are ose e unlawful detainer actions of
9 ruver Anns Apartments -. was the residence called River
10 Anns Apartments?
11
A Yes.
6

12

Q And there was ajudgment forplaintiffin the

13 amount ofS660 in case number REV 2005-001396?
14
A I believe so.
.
15
Q
And
ajudgment
in
the
amount
0[$720 '0'
6
l'
1
plaintiff in case number REV 2006-9091
17
A I believe so.
18
Q Have those j udgments been paid by you?
~~ A No.
21
Q Why not?
A J haven't had the funds to pay them.
22 Additionally, I don't know that both of those are __
23 from what I understand, there has beenjudgments.
24 Howeve~, I didn't know that they were going on. I don't
25 recall bel!lg served for I guess a lawsuit or an action.

Page 99
!

1
2

Who was the landlord?

I don't know that they're the landlord, but

Page 101
1

There was some dispute over how I could owe two separale
months of rent, you know, but no, they haven't been
paid.

2
there "vas on site managers named Ray and Nita Knobel. 3
Q N-it-a?
4
Q Have you ever moved 10 satisfy the judgments?
5
A Yes.
S
A
No_
6
Q Did they handle the eviction?
6
Q
When did you first become aware of the
7
A J believe so.
7 judgments?
B
Q And you said it was for nonpayment or rent was
8
A I'm nOI sure. 1 don't know that __ by being
9 late?
aware
that I'm being evicted, r know there's a judgment.
:0
A Yeah.
10
J didn't understand that, and in your applicalion that
11
Q Can you describe exactly what happened?
11 you filed, that was probably the first time I was aware
:2
A My rent had been late a couple times during the
12 that there was an actual case number and that they had
:i 3 period at which I lived there and I was incorrect in my
13 won a judgment against me.
14 belief that as long as I paid the rent that month with a
I.
Q You mean in the State Bar response to your
IS late fee, it was fine, but I was unaware that they moved IS application?
~ 6 for an eviction and so r was caught by surprise.
16
A Yes.
17
Q How many times was your rent late?
17
Q You had not been aware that there was a money
18
A I don't know. Probably more than two, though.
18 judgment outstanding in your name in these matters?
19
Q Whal happened in tbeprocess oflheeviction?
I.
A I'm not sure. I think by being evicted, r
20
A I was evicted.
20 didn't know how the law worked, but if there was a day
21
Q Were you physically removed from the premises? 21 where I was to show up and argue, I wase', aware of that
22
A An officer came to my premises and told me I
22 because I don't recall being served any sort of notice
23 was being evicted, which I didn't -- that was the first
23 about that.
'4 j had heard oftbat. I didn't.know that. Something
2.
Q Have you since reviewed any of lhe mail that
5 hauoened -.vim me notice such that I didn't 2et it or
2S you've received around that time and found that au were
. ---... . .. ---'-'.'~""
3

26 (Pages 98 to 101)
~aanza Reporting-Reno

1111 Forest Street,

Reno, NV 89509

) [12 S
Bonanza

~r:: ... """

- - - ...

775-786-7655
Sdc414bb-ef63-42a4-acaa-aOb72eee67 3

.,

...

)
.5

.:'oughl in ~ An Applicant for Adm

.
1SS10n

Zachary Coughlin

March 2,

Page 102

Page 104

actually served with that?

A I have not found that.
If you can just go back
which is your applic .
and look at Exhibit 1
California.
allon to the State Bar of

A
Q
A

7
8

9
10

4
5

Can I keep these?

sore, these are your
. em"b
Okay.
1 ItS.

7
8
9

Q Exhibit 1 is the State of C'

.
you have right there?
ahfomla, the one

11

10

AQ

32

13
14

,.

15

17

18

19
20
21
22
23
2.
25

These are the exhibit numbers?

Yes, and on que f l ' .
Page 14 ofth
rub" sIan 4.5, It looks like it's
d
d
e ex It and it's under chemical
epen eney. you checked no un d er ch emlcai
. dependency,
correct?
A

11

12
13

14

Yes.

15
16

Q At the time that you checked th a,lyOU

l dd
bli
e ~ve ~at you had an addiction to alcohol, drugs or
medicattons~ Excuse me, the section defines chemical
depen~ency IS to be construed to include abuse and
exce.ssl~e use, addiction to alcohol, drugs or
medlcatlons. Did you believe that you had a chemical
dependency at that time?
. A I'd object on privacy grounds, but I'll answer
lD that as the question is stated, have you been

17

18
19

20
21
22
23

24
25

or had you received treatment for chemical d ende

A Can you define treatment?
ep
ncy?
Q Any treatment regarding _.
th A If you watch a movie about an alcoholic IS
at treatment?
'
Q No, treatment by a medical provider.
A No, I don't believe so.
. Q As of September, 2002, were you participating
1D AA?
A I ~on't know what you mean by participating.
Q Old you go to AA meetings?
A I'm not sure.
Q Did you start going to -- strike that.
In 2002 .A I might mention, I gone to AA meeiings for
f:asons other than for myself at various points in my
life.
Q Let's talk about just 2002 then. In 2002 then
were you attending AA meetings?
'
A I object to that on privacy grounds, but I'll
say that I think I did.
Q Were those meetings for your benefit or for
other people's?
A I'm not sure.
Q You don't recaJi the reason for your attendance
Page 105

Page l03

1
2
3

diagnosed or treated for a chemical dependency that

would currently interfere with your ability to practice
law, J answered no and that was my belief.
Q And what was the basis for the no as part of

5
6

that question?
A I didn't believe I had a chemical dependency
that would currently interfere with my abi lity to

2
3
4

5
6
7

practice law.
Q Did you have any chemical dependency at all at

that time?
A I'm nol sure. I don't believe so, but I'm not
11
sure. 1 don't know how one could be sure.
12
Q Were you ever diagnosed at that time with a
13
chemical dependency?
A I don't believe so.
15
Q So as of September 28th sorry, as of
16
September, 2002, you did not have a diagnosis of a
17
dependency?
18 chemical
A Can you explain what you mean by diagnosis?
19
Q Diagnosis. you didn't have any medical
20
diagnosis of a chemical dependency?
21
A Bya medical provider?

12

(J

at AA during that time period?

A I don't know that I ever knew the reason.
Q Can you describe that?
A You know, sometimes you're not sure why you're
doing something, you know.
Q Isn't it true that you submitted evidence that
you've attended over hundreds of Alcoholics Anonymous
meetings in the past five years?
A I believe so, yes.
Q You don't have a reason for attending those
hundreds of meetings?
A 1 said I don't know that I know for sure the

reason why.
Q What do you think the reason is?
15
A I'm not sure.
16
Q Is this a hobby of yours? I'd like an educated

13

14

"

Q
A

10
11

10

22
23

17

18

guess from you.

A I guess I think it's something that's

19 beneficial to me.
20
Q Mr. Coughlin, do you bel ieve that you have a

problem with alcohol?

A I'd object to that, privacy, ADA. 1 don't
23 know, what do you mean by problem?
24
Q Do you believe that you are unable \0

21
22

Yes.
No, I don't believe so .
M ofSentem,b~r 2002. v,:uhad.oot received--

25

control- strike that.

27 (pages 102 to 10

"

, ,

2007

775-786- 76

eet

Reno, NV 89509

.. '\

c8a-a01a12

CC'.l.9hlin ~ An APP l'1cant for Admission

Zachary Coughlin

March 2,

Page 106
1

1 2
3
4
5
6
7
8

10
11
12
13
14

15
16

17
18
19
20
21
22

23

2.
25

~ . h Do yo~ believe that you abuse or have problems

excessive use or addicted to alcohol?
A At this time?
.
Q Yes.
A No. I don't drink so I don't kno
C
have a prohl
'th'
w. an you
'
em WI alcohol if you're not drinking?
d onl know.
.
Q Why don't you drink?
.A . I'm not sure. I think I'm better off not
~nking .. 1 dOll't think it's something that lends
aself partlcul.arly well to legal analysis.
Q What IS tbat?
A The subjects of alcOholism, the treatment
thereof and AA.
'It

Do you go to these AA meetings for reasons

other than issues with alcohol?

A I'm not sure.
Q Okay. let's move on.
A Probably. I mean, I don't think it's just
alcohol that people go to AA meetings for.
Q What are the other reasons that you go for?
A I enjoy them. I think they're beneficial to
me. 1 think they help me in attempting to be
spiritually fil and that.
Q Have vou had any arrests since January of2003?

Page 108
1

3
4

5
6
7

8
9
10
11
12
13
14

15

16
17
18

19
20
21

22
23
24
25

default?
Q No, any that you haven't paid off yet.
A I'd object to that on privacy grounds, but yes,
I do.
Q Are you in default on any of those?
A I don't believe so.
Q I'd like to go back to Exhibit 3 which is your
update of February 15th, 2007. At this time are you
testifying tbat you were not aware of the judgments
against you in relation to the unlawful detainer actions
until the State Bar -- until you received the State
Bar's response in this matter?
A Yes. I would say that I did not realize those
were judgments or that they fit within the type of
actions that are considered judgments.
Q Why did you pay your rent late in those
instances?
A I don't recall.
Q Did you have a roommate at the time?
A No.
Q You were living alone?
A Yes, I was. This is Exhibit 3 you're referring
to?
Q Yes, It's marked in the right-hand comer
Exhibit 3. 'Nbat about -- are vou familiar with a civil

Page 107
~

2
3
4

5
6
7

8
9
10
11
12
13

1
No.
Have you taken any continuing legal education 2
3
classes since graduating from law school in 2000?
4
A Yes.
5
Q And what are those?
6
A I've laken a number of them. I've taken some
7
OD wills and trusts. some on plaintiffs tactics in
8
litigation, some on substance abuse, some on ethics.
9
Q Do you have a duty to -~
10
A Patent law.
11
Q Do you have a duty as part of your Nevada
12
license to take these continuing legal education

Yeah, I believe every lawyer in Nevada has to

15 take continuing legal ed.
Q And are you current with your certification
14

,.
17
18
19
20

21
22
23

,4

l5

Page 109

classes?

with that. with the Nevada bar?

A I believe so.
Q Do you have proof of attendance at these
classes?
A Yes.
Q Do you currently have any debt from your
attendance at law school? Let roe rephrase that.
Do you have any outstanding law school loans?
A Bv outstanding, do YOU mean that are in

13
14
15

16
17
18
19

20
21

22
23
24
25

case filed against you or Coughlin Memory Foam by

plaintifIShipping Services, dba Uni-Shippers. case
number RSC 2005-301?
A I am familjar that a case has been filed
against Coughlin Memory Foam. I'm unclear as to whether
it was filed against me personally. I'm not sure.
Q Bul you owned Coughlin Memory Foam?
A Yes.
Q Were there any other owners of Coughlin Memory
Foam?
A No.
Q Were you aware that there was a lawsuit against
Coughlin Memory Foam?
A Yes.
Q And when were you aware of that?
A I believe sometime in 2005.
Q Is there a reason why thai was not included in
an update to the Stale Bar until February, 2007?
A 1 believe that I wasn't sure that thai needed
to be reported and thaI I wasn't positive that a fmal
determination had been issued in that case, i.e.,
whether J had appeal rights that I could pursue, and
with regard to any communications with California bar, I
was trying to procure an attorney to discuss whether
there was anvthinl! that 1 needed to communicate to the

28
Bonanza Reporting-Reno

2001

1111 Forest Street, Reno, NV 89509

,n n

(Pages 106 to 109)

775 786 7655
5dc414bb-et63~2114.. ca.-a01.7288867

COUC/hlin _

~ __

coughlin - An Applicant for Admission

March 2. 2007

Zachary coughlin

Page 112

Page 110

1
2
3
4
5

9
10
11
12
13

",.

15

,.
17

19

20
21

22
23
2'
25

1
2
3

'/

,0

11

l2
13

,.
"

California bar.
Q I have to correct that question and go back. I
~ctually don't see anywhere on this update where you
mcluded the civil case against Uni-Shippers, so if you
could please review Exhibit 3 and show me if there is
any mention of the action by Uni-Shippers against
Coughlin Memory Foam.
A Page 5, section 11.2 and 3.
Q Section what?
A 11.2 and 3 on Page 5, middle of the page.
Q I see, okay. "1 was sued in a civil action in
connection with shipping charges," is that what you're
referring to?
A Vb-huh, and the case number is listed there.
Q Okay. Is that judgment still outstanding?
A J believe so.
Q Why hasn't it been paid?
A Because I haven't had the funds to pay it and
I'm not sure whether my appeal rigbts have been
exhausted and I'm nOl sure that that amount is correct.
Q I'm handing you what's been marked Exhibit S.
Exhibit 8 is an e-rnaU from Rob Waltoo to Lynn
Thingvold, T-h-i-n-g-v-o-I-d, subject, Zach Coughlin.
Can 1 ask you who Lynn Thingvold is?
She is a o:iraJ.lel with the State Bar of
Page 111

California. The second half -- this is a four page

exhibit. The first three pages are e-mails between Rob
Walton at unishippers.com and zanzibar2@hotmail.com
IUld the last page of the exhibit is titled execution
continued dated May 10,2005 in relation to sheriff's
execution, attention, Federated Department Stores, 9 11
Duke Boulevard, Mason, and it doesn't have the rest of
the address there. Do you recognize Exhibit 8, or the
e-mails in Ex.hibit 8?
A Well, not the oncs to Lynn Thingvold.
Q But what about the e-roails to and from
Zanzibar2 and Rob Walton?
A J don't recall these e-mails.
Did you ever have an e-rnail address of

15 Zanaibar27
A I'm not sure.
Q You're not sure wbether or not you ever had an
e-mail address of Zanzibar2@honnail.com?
19
A Tha\'s correct.
Q Did you ever have a hotmail.com e-mail address?
10
A Yes,
\21
22
Q And what were those e-mail -- what is that
23 c-rnail address tnat you have with holm ail?
A I have one that's just my name, Zach Coughlin
oJ'
' 5 at hOlmail and I've had a number of others over the

i ~~
1

1
2
3

10
11
12
13
14

15
1.
17

,.
19

20
21
22
23
2.
25

last ten years.

Q Was Zanzibar2@hotmail.com one of yours?
A I'm 001 sure.
Q Yes or no, do you remember or do you not
remember?

A I'm not sure.

So in this first e-rnail on Page I of ExhibitS,

it says, from zanzibar2 to Rob Walton and it states, Hi
Rob, and it ends sincerely, Zach. Is that an e-mail
that you drafted?
A I'm not sure.
Q Did you ever have any e-mail correspondence
between yourself and Rob Walton at Uill-Shippers?
A I don't recall. It's possible.
Q Did you ever have an e-mail address for UDi
Shipper _. excuse me, for Coughlin MernoI)' Foam?
A I'm not sure. I think I used e-mail io
conoection with that business. I don't know that I ever
bad one that specifically identified it as Coughlin
Memory Foam.
Q Do you recognize what za-n-z-i-b-a~r
represents?
A I don't understand your question.
Q Do you recognize that word?
A I don't think it's a word.
Page 113

1
2
3

10
11

12
13
14

,.,.
15

17

19

20
21
22
23
2
25

Q What do you think. it is?

A I don't know. I don't think you'd find that in
the dictionary, though.
Q Mr. Coughlin, did you write these e-mails or
did you not write these e-mails?
A I'm not sure.
Q Take some time to review them and then please
let me know whetber or not you're sure.
A I'm oot sure whether I wrote these e-mails.
Q Do you know who Rob Wahon is?
A I believe so. I believe he works for
Uni-Sbippers. Maybe be owns Doi-Shippers.
Q Was there ever a dispute over money owed by
Coughlin Memory Foam to Doi-Shippers?
A I believe so.
Q And what was the dispute?
A It was in connection with shipping charges.
Q And what were those shipping charges for?
A Mattresses.
Q Did you have -- did you ever use Doi-Shippers
to ship mattresses for your company?
A Yes. I used Uni-Shippers as a third party
entity thai resold Airborne Express and DHL shipping
services.
~ I'd like vou to review these e-mails. In the

29 (Pages 110 to 113)

BOnanza Reporting-Reno

~111

Forest Street, Reno, NV 89509

775-786-7655
5dc414bb-flf63-42a4-acaa-a01172eeeS73


Coughlin - An Applicant for Admission

),

Page 116

Page 114

2
3

e-mails from zanzibar2@hotmai1.com to Rob Walton at

unishippcrs.com, each of these c-mails is signed by a

1
2

Zach, Z-a-c-h. Is that you?

A I don't see a signature on these.

3
4

Q There's the name Zach at the bottom of these

e-mails.
A Okay_
that you?
QA IsI don't
know.
name is Zach. I don't see a
signature on these. I'm not sure.
5

,..,arch 2, 2007

Zachary Coughlin

My

10

11

12
13

,.,.

14
15

17

19

20
21
22
;.,!

I. 0:.4
25

Q trthe State Bar would do a research into

hotmail records regarding who had the address of
zanzibarZ, is it possible that your name wO\lld come up
as the owner of that e-mail address?
A 'think it's possible.
Q Did you at some point in your dispute regarding
payment for shipping services with Uni-Shippers promise
to pay S4000?
A I don'I believe so.
Q Did you ever promise to payor make good on
their invoices to Coughlin Memory Foam in relation to
shipping services?
A I don't believe so. We might have had some
negotiations. but I don't believe there were promises to
pay.
Page 115

:I
3

4.

:;.
6

7
8
9
10
11
U

13

14
15
16
17
18
19
20
21.
22
23
4:4
5

A I believe it's an entity that collects for

Sierra Pacific power Company.

5
6
7

Q
A
Q

B
9

Q Is thisjudgrnent still outstanding, or excuse

And what is Sierra Pacific power Company'?

It's a power company in Nevada.
rs this in relation to a power bill?

A I believe so.

me, is this amount still outstanding, $4707

11
A I'm nol sure.
12
Q Has it been paid?
13
A I'm oat sure.
14QDoyouknow w hetherornotyou'veissued
15 payment?
16
A No, I don't know.
17
Q You don't know whether or not you've paid off
18 this bill?
19
A No, I doo't.
20
Q ls there a reason why the bill is past due?
21
A I'm not sure. Perhaps because it wasn't paid.
22 I don't know for sure. Ilhink it might have been past
23 due at some point. Whelher or not I have brought it
24 current, I don't know for sure .
25
WbataddressisthatPOwerbiJIfor?
Page 117

10

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
in fronl of you?
20
A Yes.
21
Q Whal I'd like to go through now are, you listed
22
some past due debts starting with Page 5 and going
through Page 8 .or your update and I'd like 10 go through 23
each and every one or these and for you to describe what 24
25
they are okav? The first one is Are.on A2:encv Inc.

Q And your testimony is as of today's date. the

$5161 judgment is still outstanding in this matter?
A I believe so, yes. Susan, is there a promise
to pay in here?
Q I asked you a question. Was there an agreement
and a promise to pay?
A 1 don't believe so, and I'm just wondering if
you're saying that within this exhibit there is language
that would amount to that.
Q Olher than the judgments and civ11 actions that
we've discussed today, are there any other outstanding
Judgments or civil actions against you?
A I don't believe so.
Q What about against Coughlin Memory Foam?
A I don't believe so.
Q What I'd like to tum to now is back to Exhibit
3 which is your update to the State Bar of February,
2007. Page 5 of thai exhibit, do you have that exhibit

Uh-buh.
What is that'?

-6-

The Jones Street address, I believe.

That's not your current address, correct?
That's correct.
Q You're talking about the 1255 Jones Street
address?
A Yes.
Q Going to number two, AFNl-Inc., do you see
that? It's on Page 6.
A Yes.
Q What is that?
A That's an entity that collects for, I believe,
Charter Communications which is the cable company.
Q And is that for the address where you currently
reside?
A No, that's for Jones Street as well.
Q And has this bill been paid?
A I'm not sure.
Q But as of October, 2006 it has not been paid,
correct?
A I believe so, yes.
Q And why hasn't it -- strike that.
Moving on, Chase Status account charged off
past due 180 days, 824 written off, $824 dollars past
due as of January, 2007. \Vhat is this?
A I'm not sure. I believe this is in connection
A
Q
A

30 (pages 114 to 117)

Bonanza Reporting-Reno

1111 Forest Street, Reno, NV 89509

775-786-7655
5dc414bb~ffi3-42a4-acilil-a018 72eee67:J

.~ughlin

1
1

l.

)2

3
4

5
6
7

An

Applicant for Admission

Page 118
with Coughlin Memory Foam in some way.
Q Has it since been paid?

A
Q
.A

I don't believe so.

And what is Chase, is that a credit card?

I believe it's a bank that maybe has inherited

thiS debt from a pr~Yious creditor that might have been
Wells Fargo. It might have been a credit card I had at
~ne ~oinl. I've only had a couple credit cards in my
hfe~lme, b.llt I believe this debt stems from the lime

,.
"

Page

2
3
4
S
6
7
8
9
:.0
~1

12
13
14

15
16
17
18
19

20
21
22
23
... 2 4
24 5

still owing.
There was a fairly confusing set of
3 circumstances with Wells Fargo wherein they closed down
4 the credit card account for Coughlin Memory Foam and
S froze some of the money that was in it and -6
Q We'll get to that one. That's the last one on
7
your sheet; is that correct?
8
A Uh-huh.
9
Q We'll get to that at the end. I just want to
lOgo 10 the next one so we can go in order. The next one
1 ~ is Collection ServiceINEVDA, original creditor River
~2 Anns Apartment. Is that -- whal is that for?
~3
A I believe that's the same debt thai the
~4 unlawful detainer action covers.
~5
Q And under status, it says creditor cannot
16 locale individual/collection accounl, S 1532 past due as
17 of November, 2006. Do you understand what that means,
~ 8 creditor cannot locate individual?
~9
A No.
20
Q Is tbat something directly from the credit
2~ report?
22
A I believe so, yeah. Maybe that's why I wasn't
23 served. I don't believe I was served.
24
Q Let's move on to Cred Protections Assoc. What
25 is this in relation to?
~

10 penod which the Coughlin Memory Foam was running.

11
Q What does the $824 wrinen off mean?
12
A I don't know. I think maybe they-13
Q Where did you get this infonnation?
14
A My credit report.
15 . Q So you Tan a credit report on yourself and then
mcluded the infonnation in this document?
17
A Ub-huh.
Q Going on to number four, Collection
ServicelNEVDA, do know what that's for?
20
A I believe they collect for Digestive Health
21 Center.
22
Q Do you know what that bill is for?
23
A I believe that's for an endoscopy thad
2< perfonned.
25
0' And it says Dast due, $133 as of December,

Page 120

l'

--

Mal::ch 2, 2007

Zachary Coughlin

Page

~~9

2006. Has thai bill been paid?

A I don't believe so.
Q Why not?
A Because I haven't had the money.
Q Going on to number five, Collection
ServicelNevada and it looks like this is for $419 past
due of January, 2007, and what is that bill for?
A That's similar to the previous one. It's in
connection with either the exam or the endoscopy I had
performed by Digestive Health Associates.
Q And is this bill still past due?
A Thai's correct. I might mention that preceding
the listing of these past due debts I have a statement
that is meant to address each of these debts.
Q Which statement are you referring to?
A "I've lried to get my law licenses in
California and Nevada so thai I could repay these debts
and work towards the goal and a description of each debt
follows."
That may not be clear enough, hut basically
what that is saying is that none of these debts have
been paid except for perhaps the power company and
Charter, but I know that, for instance, the health
center debt, the River Anns debt and the Wells Fargo
dt:bts have not been oaid~ an~_1 don't know that they're

2
3
4
5
6
7
8
9
10
~~
~2
~3

14
~5

16
17
18
~9
20
21
22
23
24

25

~2~

A This is an entity that collects for Charter

Communications as well. I don't know whether this is
the same debt you mentioned earlier from Charter.
Q So Charter, that's cable?
A Yes, that's the cable company.
Q Is this for a cable bill from Jones Street or a
current cable bill?
A I believe it's from Jones Street and perhaps
for some of the equipment associated with the cable that
I've smce returned, so I don't know if that is still
something that's outstanding or not.
Q Going down 10 the next one, Macy's, closed,
past due. What is that in relation to?
A That's an account at Macy's clothing store.
Q And what about the next one, NCOFrN-99. What
is that?
A I believe they collect for Wells Fargo and that
is the account I referenced earlier with respect to a
credit card account that accepted credit cards with
Wells Fargo for the business, and at some point Wells
Fargo said that I was either -- I had exceeded in some
way what they thought the amount the business would do
or something 10 that effect and they closed it down and
froze a fair amount of money that was in the account, so
1 don't know where thai is now other than that's showin!L

31 (Pages 118 to 121)

Bonanza Reporting-Reno

1111 Forest Street, Reno, NV 89509

uD3 1

775-786-7655
5dc414bb-effi3-42a4-acaa-~01 a12eee67 3

-',IUSlhlin

An A. 1
pp icant for Admission

Zachary Coughlin

March 2, 2007

Page 122

up On my credit report, and in an attempt 10 answer the

~u~stlon and update my application with my past due
e Is, I figured running a credit report might be the
most complete way to do thaI.
Q What about Rev Care, Inc.?
A I believe that is from an MRl I had done with
what used 10 be called Washoe and is now referred to as
Re,nown Medical ~emer. and I believe that hasn't been
paid and that was lfl connection with that MRl or the
bone scan, one or the other.

And the lasl one, Wells Fargo Bank, status

account charged off, past due 150 days, 1497, written
offS836 past due as of November, 2005. Do you know

what that's for?

A That is either the same account as the earlier

Wells Fargo acCOUnt or it is a similar account which I
WO~ld ~escribe in the exact same way as I described
earher m cormection with Coughlin Memory Foam. I'm
not sure thai that money is owed. It might be.
They froze some money and there was some
CUStomers who got -- tbey were either unhappy with their
bed or something, and so it was something thai looked
like it was going to take a long time for them to figure
OUt and they were going to figure it out when they did,

so --

Page 124
1

2
3

6
7

,,
10
11

12
13
14

15
16

17
18
19
20
21
22
23

2.
25

A I think he's listed a couple times. Personal

references, there we are.
Q You've listed Bo Barker, Dale Uravich,
U+a-v-i-ch, Alan Westbrook, W-e-s-t-b-r-o-o--k, Mary
Barker, Tim Coughlin, and I believe that is all ofyout
personal references, correct?
A Well, at that time, but J believe subsequently
Miss Crary informed me that these weren't sufficient and
I provided her with additional references.
Q Do you recall who those were?
A I don't.
Q Other than the names that we just read through
that were part of your initial application, are there
any other people thaI can attest to your good character?
A I couldn't speak for other people. I would
think there would be.
Q Can you list who that would be?
A I believe J submitted a letter from Jim
GJeboff, G-J-e-b-o-f-f. He was my high school
basketball coach. I believe he gave a leiter, maybe in
response to Miss Crary's infonning me that these weren't
sufficient and he was the person I had. He's in EI
Cajon, California at this poin!.
Q Anyone else?
A Who is not a relative?

Page 123

Q Okay. Have you ever performed any pro bono

work as an anomey?
3
A I'm not sure. I might have for some of these
4
firms I've worked for.
5
Q Well, have you ever perfonned any voluntary
6
legal work where you didn't receive any remuneration for
7 your work?
8
A Yes.
9
Q Where was thaI?
l O A There's been times I did work for Tom that I
11 didn't feel that J was able to give the work the care it
12 needed to be paid for, so I didn't charge him for it.
13
J don't recall olher pro bono work. It's
1-4 possible like at Hale, Lane or Perry and Spann or maybe
15 even Schuering, Zimmerman there was a bit oflhat,

Page 125

.2

16

bUf -

3
4
5
6

8
9

10
11
12
13

14
15
16

17

17

18

Q But since that time, have you perfonned any pro

bono work?
19
A Not that I recall.
2~
Q I'd like to go back to Exhibit I which is your
21 application for California one more time, and what I'd
22 like you to do is look at -- J can't tell what page it
.23 is, but it's under personal references. Do you see that
24 pagr? It starts with 80 Barker, Esq. Do you see that
!

19
20
21

22
23
24

Q Yes, or relatives, anyone else who you believe

can attest to your good character?
A I think __ well. there's Judge Chuck McGee. He
told me that he would.
Q Chuck McGee?
A Uhhub, Charles McGee.
Q Where is he a Judge?
A Reno. I think he's a temporary. I don't know
that he's a full-time Judge any more.
Q Do you know his contact infonnation?
A I think the Second Judicial District Court in
town, either Depanmellt 2 or 5 would take letters for
him as he sometimes fllis in there.
Q Anyone else?
A Probably Coe Swobe. He's an attorney in town.
Q C-o-e, Sw-o-b-e?
A Uh-huh. There's a California attorney who I
know. I don't know his last name offhand, but I see him
several times a week. I can get you his name. It's
Tony something. Coe would know his name. There's a
fonner Judge -- actually, I think he might be lhe Reno
City Attorney now named John Kadlic who rve known for a
number afyears.
Q Can you spell that?

_
_
'S~,g
o"a~.,e~?=-~~===c-'~~=c~~~~~~-,~J;2~S~~A~K~.~.~.d~.I~.;~.'~.~~~~__~-=~~~
____~

'n~=

32 (Pages 122 to 125)

Bonanza Reporting-Reno

1111 Forest Street, Reno, NV 89509

1032

775-786-7655
5dc414bb-ef63-42a4-acaa-a01a72eee673

Caughlin - ....
,,_, Applicant for Admission

Zachary Coughlin

March 2, 2007

Page 126

1
2

4
5
6
7

10

Q
A

He's a Reno . did you say state attom ?

City attorney.
ey.
Q Anything else?
A A guy named Dave Wiggins. He's a realtor in
town here.

12
13

2
3
4

Q Do you have his contact info'?

.' A I can provide you with it. I don't have it
with me. Actually, I might have his phone number and a

~~ntleman ~med John Estes. He's a fairly good friend

8~~_~~~~.er IS 771-9132.
11
Q
A

Dave Wiggins number is

14
Q
15
A
16 anyone In particular.
17
Q S~ Judge Charles McGee, is that -- do you have
a professIOnal or personal relationship with Judge

19

McGee?

20
21
22

A Probably I'd say personal.

Q What about Cae Swobe?
A Probably a little of both.
Q The attorney Tony, the California attorney who
you don't know his last name?
A PersonaL He's inactive California attornev.

23

2.
25

5
6
7

Is that 775 area code?

Yes, it is.
Anyone else?
~o. There's a lot of people, but I don't know

,.

Page 128

~o

Of Nevada?
Yeah.
Q What is Lawyers Concerned for Lawyers?
A That's the entity affibated with the State Bar
of Nevada that Coe is the president of. and it's -- I
would say it's a mix between the Other Bar and LAP .
Q For Nevada?
A Yeah.
Q It's analogous to the California Other bar and

LAP?

A Somewhere in between tbat. I don't think it's

statutory in the way LAP is, but it's probably more
13 connected to the bar than tbe Other Bar is.
14
Q Did you ever participate in tbat program?
15
A Uh-bub.
16
Q Do you still participate in that program?
17
A Uh-huh.
1. Q How often -- yes or no, sorry.
19
A Yes, once a week I've been doing that smce
20 earlyof'03.
21
Q Jfwe can just take a two minute break. r
22 believe we're almost finished.
23
(A recess was taken.)
24 BY MS. KAGAN:
2 S - () Now, Mr. Coughlin do vou recall havinP" an
11

12

Page 129

Page 127
1

2
4

5
6
7
8
9

10
1:"
12

13

14

15
16

,.

17

19
20

21
22

,.

23

,5

He's inactive?
A Yeah.
Q Is he also licensed in Nevada, do you know?
A I don'l believe so.
Q John Kadlic, personal or professional?
A More personal. I might have done one research
project for him at one point,just a small research
projcct.
Q What about Dave Wiggins?
A I was just going to say I do remember Alan
Westbrook, my supervisor at Perry and Spann, saying he
would provide me a good reference, and _.
Q Can we get back to Dave Wiggins, is that a
personal or professional?
A Personal.
Q And what about John Estes.
A That's personal.
Are Dave Wiggins and John Estes attorneys?
A No.
John Kadlic, he's an attorney?
A Yes. He was a Judge, but now he's an attorney.
Q What about Cae Swobe?
A He's an inactive attorney.
Q Inactive in Nevada or California?
A Nevada. He's with the State Bar too.

o
o

infonnal conference with the Committee of Bar Examiners

2
3

on July 8th, 2004?

S
6

7
8
9
10
11
12

13
14

1S
16

17
18

19

20
21
22

23
24
25

A Yes. California?
Q Yes. And al thai time at the conference, you
did discuss your relationship with alcohol, correct?
A I believe so.
Q So I just would like to know why you refuse to
discuss your relationship with alcohol at this
deposition.
A I don't know that I've refused to discuss my
relationship with alcohol. I can't acknowledge that
that's what I've done.
Q Well, you have claimed privileges in response
to my questioning regarding alcohol in this deposition,
and my question is, why are you claiming privileges and
not discussing your issues with alcohol now when you
were forthcoming at your informal conference in July of
2004?
A I'm not sure that that's what I'm doing. If
thai is what I'm doing, I'm not sure why I'm doing it.
Q At your informal conference, you discussed
being a member of Alcoholics Anonymous?
A I don't know thaI I said I was a member.
Q Actually, you know what, I'm handing you what
I'll mark as Exhibit 12, and this is a transcriotion of

33 (Pages 126 to 129)

eonanza Reporting-Reno

1111 Forest Street, Reno, NV 89509

,,033

775786-7655
5dc414bb-ef63-42a4-acaa-aOla72eee673

 "''IOOIIV

JUS llC~ (:,.... ~-- -

March 2, 2007
Cuughlin _ An Applicant for Admission

zachary COughlin
page 132

Page 130

the informal conference from July 8th, 2004, and it is

ten pages long. I'd like you to take a moment and
review that exhibit.
A Can I keep this?
Q 1 will make you a copy of that. I don't have
an extra copy with me today. I'll provide a copy of

,,2
3

4
5
6

that to you..
A Okay.
. Q ~ould you agree that you did discuss your
Issues Wlth alcohol at the infonnal conference?
A Sure.
Q Now, is there a reason why you will not discuss
your relationshlp with alcohol today?
A 1 think that 1 will discuss my relationship

. 7

a
9
10
11
12

13

14

5
6
7

letter.

Q Is there anything that would help you be sure

about whether or not you wrote this letter?
A If I signed it, that would be helpful. I think

8
9

1 probably wrote this letter.

Q I have no further questions.
10
(The proceedings concluded at 1:40 p.m.)
11

12

pay dues.
Q Do you go -- do you attend meetings for

Alcoholics AnonymouS?
A Yes,l do.
Q Do yOU attend those meetings because of
25 Q!"oblems that vou have with alcohol?
page 131

23
24

13
15
16

ZACHARY B. COUGHLIN

18
19

20
21
22
23
24
25

A Well, I don't drink, so -Q How long have you been sober?

A 1 am going to object to that on privacy
grounds. but I'll say that I attend the meetings because
I think they're a good thing for me to do and not
drinking is a good thing for me to do.
Q So you're not going to testify today about how

1
2
I 3

4
5
6

Yes.
Are yOU testifying today that you did not write

this letter?
A I'm not sure. It's possible 1 wrote this

:"'"7 AnonymouS?
18
A I don't know what you mean by member. H's not
19 like the NRA where you register with somebody and you

22

3
4

15 with alcohol today.

16
Q Okay. Are you a member of Alcoholics

20
21

1
2

2
3
4

Page 133

STATE OF NEVADA
) ss.
COUNTY OF WASHOE

)
)

,a

1,

notary public in and for the County of

, State of
7
do hereby certify:
8
7
That on the
day of
9
long
you've
been
sober?
8
, 2007, before me personally
A
9
Q No.
Okay. 10 your informal conference, you stated,
10 appeared the witness whose deposition appears herein;
10 "I was smoking marijuana in January of 2003." Is that a 11
That the deposition was read to or by the
12
13 witness;
statement?
12 true
14
That any changes in form or substance
A I'm going to object on privacy and Fifth
13
15 desired by the witness were entered upon the deposition
Amendment grounds.
14
Q But you stated this in the informal conference.
16 by the witness;
15 I'm talking about your testimony at the time of the
That the witness thereupon signed the
17
16
18 deposition under penalty of perjury.
informal conference. Is that a lrue statement?
19
DATED: At
believe
so,
yes.
A
I
18
.2007.
Q And I'd like you one more time to look at
day of
20 this
Exhibit I which is your application to the California
21
20
State Bar. The last page of that -- strike that.
22
21
Exhibit 2 which is an amendment to
23
i22 applications, a three-page exhibit, and the second page
24
2
1 ' of that exhibit is the March 19th, 2003 letter. Do you
25
have a conv of the exhibit in front of ou?
6

"'

"
\19

"

34

(pages 130 to 133)

775-786-7655

BOnanza Reporting-RenO

1111 Forest street, Reno, NV 89509

0311

SdC414bb-effi342a4-8Caa-aO' arleee

March 2, 2007
Coughlin - An Applicant for Admission

Zachary coughlin

Page 134
1
)2

STATE OF NEVADA
)
COUNTY OF WASHOE
) ss.

I, DLANNE M. BRUMLEY, a Certified Court Reporter

and Notary Public for the County of Washoe, State of

Nevada, do hereby certify that on
the
7
day of
, 2007, I reported the
8 deposition of
in the matter entitled
9 herein; that said witness was duly sworn by me; that
10 before the proceedings' completion, the reading and
11 signing of the deposition (has/has not) been requested
12 by the deponent or party;
13
That the foregoing transcript is a true and
14 correct transcript of the stenographic notes of
lS testimony taken by me in the above-captioned matter to
16 the best of my knowledge, skill and ability.
17
I further certify that 1 am not an attorney or
18 counsel for any of the parties, nor a relative or
19 employee of any attorney or counsel connected with the
20 action, nor financially interested in the action.
5

21
22

23
24

.25

DIANNE M. BRUMLEY, NEVADA CCR#205

CALIFORNIA CSR #6796

~~~~____~-------------------------l

12:

35

775-786Bonanza Reporting-RenO

1111 Forest Street, Reno, NV 89509

:','ughlin An Applicant for Admission

March :2,

Zachary Coughlin

7.007

page 1

90:1097:14
101:12
AA 31 :12,15, 19,24
ADA 34:25 37:4
104:9,11,15,19
43:17105:22
105:1 106:14,15
added 8:2 67:15
106:20
ability 6:22 103:2,7 addicted 106:2
addiction 36:9, II
134: 16
36:13,1537:1
able 57:960:466:8
102:18,21
123:11
A

above-captioned

addition 8:2

115:9 \\6:10
121 :22,24

applications 8:3

agreement 79: 14

analogous 128:9
analysis 106: 11
Anderson 69:14

approximately

80:12,1583:5
84:2585:191:17
92:18115:5
ahead 12:18 31:14
34:5
Airborne 113 :23
airport 52:6
Alan 94:25 124:4
127:10

additional 124:9
AdditionaDy
above-referenced
100:22
Albertson's 73:3,16
40:12
address 23 :21
74:4,1275:21
absent69:1
45:1676:1884:3
86:8,13
abuse 102:20 106: I
97:2298:21 \\ 1:8 alcohol 6:19 17:17
107:8
I I I :14,18,20,23
18:219:23,24
academic 12:12,16
20:11,14,2421:1
112:15
114:12,14
12:22 13:25 14:13
28:14,19,22,25
116:25117:1,2,5
59:24,25
29:532:8,13,15
117:13 \\9:14
accepted 121: 19
32:17,18,1933:3
addresses
96:
13,
I
4
access 60:5
33:11 34:21 35:2
96:1997:11,16,20
accord 74:8,10
35:20,2236:1,2
97:21 98:3
account 117:22
36:10 37:1,4,6,13
admission 1:8 7:5
120:4,16121 :14
37:15,17,21,23,25
8:346:11,23
12l:l8,19,24
38:2,962:14,19
69:16
122:12,15,16,16
62:25 102: 18,21
Admissions 22:6
accuracy 28:21
105:21 106:2,6,16
25:18
accurate 26:23
106:20 129:5,8,11
admit26:13
28:1847:7,20
129:14,16130:10
admitted 92: I 6
48:584:18
130:13,15,25
advise 43 :2,24
accurately 6:22
alcoholic
29:7,9,10
54:1 197:13
73:18
29:12,13
32:20,22
advised 10:6,1 I
accused 57:6 60:3,7
104:4
42:2464:2170:18
60:861:13,16
Alcoholics
29: 16,22
82:11,16
aclmowledge
31 :10 33:2,12,14
advising 10: I4
129: II
33:18,2234:2
affairs 13:6
acquaintances
35:4 105:7 129:22
affect6:2162:17
87:1588:24
130: 16,22
affiliated 128:4
acquired 9: 15
alcoholism 106: I 3
affiX 49:20
act51:18
AUow23:12
AFNI-Inc 117:7
action 100:25 110:6
ameod48:4
age63:7
110:11120:14
amendment 19:14
Agency 115:25
134:20,20
22:524:727:1
agent68:11,15,21
actions 100:6,8
35:2537:543:16
68:22
69:4,20
108:10,15115:10
70:1671:8
131:14,22
115:12
agents
69:3
amount
21:3 79:4
~ctualll:9 54:21
ago31:172:19
100: 13, I 5 110:20
134:15

agree 39: 16 42:2,5

42:8 130:9

94:7,14 95: 1,4

anonymous 29: 16
29:20,23 3 I: 10

33:2,12,15,18,22
34:335:4105:7
129:22130:17,22
answer 5:23,25

\\:21,2312:1,7
31:1434:535:24
38:2441:1744:2
44:2457:2074:22
76:3,2478: 19
80:785:3 102:24
122: I
answered 103:3
answers 78:20
anticipation 91 :22

anybody 32: 18
apartment 26: 17

120:12
Apartments 100:9

100:10
apologize 86:20

appeal 109:22
110: 19
appeared 133: \\
appears 97:20
133:11
Applicant 1:8
application 7:4,9

7:11,14,168:5,12
8: 13,23 9:3,5,9,19
9:24 10:8,15
11:1612:1614:9
14:12,2422:5
24:4,731 :2233:4
38:839:1546:10
46:2347:1548:4
57:1765:976:22
84:695:24101:10
101:15102:4
122:2123:21
124:13 131:20

131:23
9:21 12:1936:2
37:947:2462:22
64:1865:1,8
77:2584:17,20
91 :14
April 38: 13 39:20
79:18
Arden 15:12
area87:13126:12
Argon 115 :25
argue 101:21

Arms 100:9,10
\\9:24120:12
arose 12: 16
arrest 11 :3,6,9, 12

12:815:4,7,15
18:9,2319:120:9
20:14,19,22,25
21:724:126:14
27:4,797:7
arrested 17:13,14

17:1926:16
arrests 14:8106:25

asked 16:1,3 52:11

52:1458:459:20
63:1770:12,15
115:5
asking \7:136:14
36:14,2356:10,12
56:1961:3
assign 28:21
assignment 73: 14
Assistance 38: 15

39:17
Assoc 120:24
associate 77:22

91:2492:1
associated 121:9
associates 78:21

79:1119:10
assume 6:8
assumed 56:8
atmosphere 5:16

attached 41:8
attachment 46:22

BonADza Reporting-Reno

1111 Forest Street, Reno, NV 89509

775-786-765!

Cc'u.ghl in - An Applicant: for Admission

March 2, 2007

Zachary coughlin

Page 2

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..

1111 Forest Street, Reno, NV 69509

~n")7

775-786-7655

-an",

March 2, 2007

page 3

zachary coughlin

Coughlin _ An Applicant for Admission

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-."
Bonanza Reporting-Reno

775-766-765

1111 Forest Street, Reno, NV 89509

, (\ 'l

CoughJin ~ An Applicant for Admission

March 2, 2007

Zachary Coughlin

Page 4
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775-786-7655

1111 Forest Street, Reno, NV 89509

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,~oughlin

_ An Applic:ant for Admission

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Bonanza peporting-Reno

March 2, 2007

Zac:hary coughl in

Page 5

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3:3 5:7
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executed 24:15
envelopes 49:9, 12
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execution 111 :4,6
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equipment 121:9
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29:1931:639:19
26:830:12,13,14
essentiaUy 91 :24
60:1563:870:5
30:14,14,2231:8
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31:1838:12,17
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39:13,2440:1 ,6
Estes 126:9 127:16
121 :24
41 :2,5 46:9,12,24
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fairly
55:6,7,14,17, 18
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55:1956:157:13 familiar 59:14
48:1
108:25109:4
79:14,2095:22,25
estimation 36:18
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96:1,9102:3,9,11
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102:13 108:7,22
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120:3121:17,20
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775-786 7655

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An Applicant for Admission

March 2, 2007

Zachary Coughlin

Page 6
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Reno, NV 89509

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An Applicant for Admission

Zachary coughlin

March 2, 2007

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1111 Forest Street, Reno, NV 89509

775 786 7655

---~JUgh11n

An Applicant for Admission

March 2, 2007

Zachary coughlin

Page 8

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1111 Forest Street, Reno, NV 89509

775 786-7655

March 2. 200 7

20ughlin - An Applicant for Admission

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March 2. 2007

Zachary Coughlin

page 9

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March 2. 2007

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To:

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Matthew WriSht
101]112001 07:59 PM
Kory Staheli/UNLV@UNlV,ChnstlneSmlth/UNlV@UNLV

Subject: Incident With Zach Coughlin

I left
you both voicema,'s
- case you need that lor investigation
ur oses'
.
, ' but he
re IS some 'h
mg In Wrl-,-mg, In
p p
. III be In on Friday, but not until afternoon before the faculty meeting.
We have a computer in the microforms room thai is attached to a scanner The computer is
~eslgned to ~e used WITH the scanner, not alone as a solitary computer. The computer has an
Qut of Order sign taped to the mom tor . I taped thiS sign to the monitor a week ago because
there are a few ~ugs that need to be worked out lirst. Don and I have been working on the
computer at various times to fix it. In the meantime, it is obviously not supposed to be used by
any patron for any purpose.
entered the microforms room at approximately 6:30 p.m. Thursday night and the monitor,
keyboard and mouse were all mlssmg. I Immediately thought they were stolen. I looked and
wandered around when I ran mto Zach. Zach had disconected the momtor, keyboard and mouse
and had moved them to one 01 the carrels in the microforms room and was using the keyboard
and monitor at the carrell. He told me that he was using these items and had moved them and
admitted that he disconnected them. He said that his reason was that his laptop did not seem to
work when he plugged It into the ethernet connectIOn so he decided to use ours instead.
I asked him to replace the items immediately and he did so.
A few concerns:

The machine had an 'Out of Order' sign on it. It is not meant to be used.

2. Even If it had not had an Out of Order sign on it, it is not acceptable to take ANY of the library's
computers, even those that are working, and disconnect them and take them to an entirely
different location and use them at individual study carrels. It deprives someone else of using the
~omputer. Zach tried to argue with me by saying that because it was Out of Order, it would not
deprive someone else of using the machine. However, I needed to use it at that moment to try to
get it fixed and it was unavailable. And, in any event, he should not be messing with our
eqUipment.
3. now have to go through the task of reconnecting the various parts to make sure they work
properly (or Don does, but either way, it's a hassle for someone).
4 HIS 'excuse's totally bogus. I have no idea why his laptop would not work, but Shawn was m
because I spoke with him after I spoke with Zach so if he had laptop problems, someone was here
to ~elp him. And, he could have used the computers in the lab in any event.
5. Had I not found him when I did, I would have called Public Safety and reported them stolen
which would have created additional problems for the library when and If we found out they were
not stolen. Although Zach did not steal the computers from the library, he misappropriated one
for hiS own use.
Finally, he asked me If I was going to report this to the administration. I did not respond to the

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question.
Let me know jf you need more detail. "II be in a few hours before the faculty meeting if you want
to discuss it.
Matthew

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000041
From:

Don Castle on 10/12/200102:26 PM

To:
Christine Smith
cc:
Matthew Wright
Subject' Scannmg Machine for the Library (damage)

1 When the machine was plugged backup the mouse was not put in correctly.
(eaSily corrected, the mOuse was just unplugged and replugged back in)
2_ All screws where tightendown TIGHT. (thiS is not all bad but can cause some problems)
(Its best to finger tight them no extra finger light)

3. Novell Client, program is missing off the computer.

(Reinstalled the client)
4. Found a user name of "Hicks on the machine
(Removed the hicks user and went back to the Pub Scanner user)
5

Word had to be reloaded.

(fixed, word was reinstalled)

The problems listed above ... 1 and 2, had to of been done by him because thatst he only way they
could have occured. (from what I understand, Matt, laid me that he put it back together)
The other problems I can not place directly on him they are problems that would have required
someone playing with the machine and do not happen by themselves but I can say if they where
done last night or done last monday. I know as of a week ago lasl Ihrusday they where not a
problem.
When I finish fixing the machine and get it back on the floor, I can tell you about the Printer and
Matthew will have to check the scanner and make sure it working this weekend.
Just from a quick look at the machine, I can tell you the cables have been moved around. The
",eyboard and Mouse and J am guessing the monitor where detfinely moved off the desk. (This is
not Good). As for the computer being moved, I can't say exactly that it was moved to another
locallon I do know it was unplugged and replugged back up. (thiS is not good either).
I should have by the end of the day the machine backup and running so Matthew can check out
the scanner and programs for the scanner this weekend for any coruption. (I am guessing there is
none but it does need to be check out).

PS. Happy Birthday.

Don.

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From:

000113

Don Castle on 10/12/2001 02:26 PM

Christine Smith
Matthew Wright
Sublect: Scanning Machine tor the library (damage)

To:

cc:

1 When the machine was plugged backup the mouse was not put in correctly.
(easily corrected, the mouse was just unplugged and replugged back in)
2. All screws where tightendown TIGHT. (this is not all bad but can cause some problems)
(its best to finger tight them no extra finger tight)
3. Novell Client, program is missing off the computer.
(Reinstalled the client)
4. Found a user name of "Hicks on the machine
(Removed the hicks user and went back to the Pub Scanner user)
5. Word had to be reloaded.
(fixed, word was reinstalled)
The problems listed above ... 1 and 2, had to of been done by him because thatst he only way they
could have occured. (from what I understand, Matt, told me that he put it back together)
The other problems I can not place directly on him they are problems that would have required
someone playing with the machine and do not happen by themselves but I can say if they where
done last night or done last monday. I know as of a week ago last thrusday they where not a
problem
When I finish fixing the machine and get it back on the floor, I can tell you about the Printer and
Matthew will have to check the scanner and make sure it working this weekend.
Just from a quick look at the machine, I can tell you the cables have been moved around. The
Keyboard and Mouse and I am guessing the monitor where de1finely moved oft the desk. (This is
not Good). As for the computer being moved, I can't say exactly that it was moved to another
location. I do knoW it was unplugged and replugged back up. (thiS is not good either).

1 should have by the end of the day the machine backup and running so Matthew can check out
the scanner and programs for the scanner this weekend for any coruption. (\ am guessing there is
none but it does need to be check out).

PS. Happy Birthday.

Don.

uOOL!

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000038

CONFIDENTIAL
MEMORANDUM

TO:

Dr. Rebecca Mills

Vice President for Student Affairs
Phillip Bums
Student Judicial Affairs Officer

FROM:

DATE:

October 22, 200 I

RE

Student Code of Conduct Complaint

I am forwarding additional infonnation regarding Zachary Coughlin, whose Student Code of

Conduct Complaint and file I forwarded to you on October 12.2001

On the evening cfOctabef 11, 2001, Zachary Coughlin disconnected a computer monitor,
keyboard and mouse which are set up in the microfonns room of the UNLV Law Library (see
attached memorandum fro~ Matthew Wright). This machine is not for general student use, We
have two computer labs with over 30 computer stations as well as carrels with network
connections. Mr. Coughlin chose not to use these facilities and decided to dismantle. without
authorization, an entire computer station dedicated to the purpose of reviewing microforms in the
mircoforms room.

f do not know what Mr. Coughlin's intent was when he dismantled this computer station.
However. without authorization, he cer1ainly inappropriately used the equipment. In addition, it
look our computer technician time to reassemble the equipment, and aUf librarian had to spend
valuable time inspecting the system to ensure that it was working for its intended purpose. If Mr.
Coughlin had not dismantled the equipment, these two staff members would not have had to
spend this time fixing the problem created by Mr. Coughlin ..

J am requesting that this incident/complaint be added to the current complaint filed against Mr.
Coughlin.
Enclosures
cc: Zachary Coughlin
Dean Mary LaFrance

William S. Boyd School of law

4505 Maryland Parkway. Box 451003 -las Vegas. Neyada 89154-'003
1702/895-3671 FAX 1702/895-1095

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1lliL\:

Memorandum
To:

.fP

Dr. ChriShne Smith, Associate Dean for Academic & Student Affairs

cc:

Student ludicial File

From:

Phillip Burns, Student Judicial Affairs Officer

Date:

112512002

Re:

Restitution Fine for Student Judicial Incident

Alillchtd please find II check in the amount of S 100.00 made payable

10

the UNLV Board of RegentS.

This is the restitution fme from Zachary Coughlin resulling from hisjudicia\ CUt involving misuse of
the Boyd School of Law Library compUicrs and the resulting staff lime Incurred florn restoring the
computer to its original stale. Please deposit Ihis check inlO whattver account you deem most
appropriate \0 help in restoring the costs incurred from Ihis incident.

If yoU have any questions, please do not hesitate to contact me.

for Student life

__....:.:.:.___________:..::::..~"'y'" -So. '1520_'9.... ~~~, ':.,~~a~~ ~~vada 89154-2019

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000143

September 27, 2001

Zachary Coughlin
4400 South Jones Boulevard, Apartment 2080
Las Yegas, NY 89103-3352
Dear lach:
I have received a complaint from Dean LaFrance alleging Ihal you have violaled the Univmity
SlUdent Code of Conducl, Seclion YF, "academic olTenses including chealing, plagiarism, and
olher fonms of academic dishonesIY". Dean laFrance has mel wilh Professor Tralos and has
reviewed correspondence belween you and Professor Tralos. As a resuil of her meeling and her
review Oflhe correspondence, she has asked me 10 conduci an inveSligalion 10 delenmine if you
provided
statements to Professor Tralos regarding the submittal of the requited paper for the
CyberJawfalse
Course.
Please
COntaCI
me as SOon
as possible, bUI no lalerlhan OClober 4, 2001,10 schedule an inlerview
to
discuss
Ihis serious
matter.

Sincerely,

Christine Smith
Associate Dean of Administration
and Student Affairs
cis
CC '

Dean LaFrance

William S. Boyd School of law

-las Vegas, Nevada 89154-1003

17021895-3671 FAX 17021895-1095

4505 Maryland Parkway. Box 451003

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000140

Christme Smith

10/04/200103:56 PM
To:
cc:

zachcoughlin@hotmaiLcom

Subject: Honor Code Matter

,..

At Our meeting on October 2, I asked you to prepare a memo to me outrining your explanation
regarding
on
Octoberthe
10.submission
Thank you!of yOur Cyberlaw paper. Please provide me with that memo by 5 p.m.

dOOZ

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To:

cc:

Coughr"
In

000120

..

qac"coughl in@holmail.com> on 10/0412001 07:59:08

smithc@ccmail.nevada.edu

Subject; this is my memo

Dean Smith,
I believe the emails .
'II

" .

In your possession provide you with everything you need, or

~' need to make the contacts to make the decision that you should do what you
an to clean up this mess. Also, I am currently losing money and mounting
damages because I have to attend Dean LaFrance's IP class. I have missed
several classes because I could not anticipate the ridiculous way in which this

matter has be~n handled and. have had to arrange my life accordingly. Should
Prof LaFrance 5 email, which In my opinion was entirely too conclusory for

someone getting paid to be a Dean at Nevada's Law School make it that she has
a conflict in regard to having me in her class, please alert

~e so that I won't

waste anymore time acruing damages by clearing my busy schedule to attend

this class, which I am only taking because of Adjunct Professor tratos'
negligence. Further, it is stili my desire to have all of the requests I made in our
meeting of Tuesday met. While I don't get paid to be a Dean, I think if I did, I
would probably interview the eye witnesses that you know about who saw me turn
my paper in and I would also ask Mark why he has not done so, and while your at
it, I would ask Mary that as well since she is currently a Dean of some variety or
other, unless we have played musical chairs again in the last week. This I would
only do if for some insane reason, be it a faculty power struggle or because favors
are being exchanged by experts in simi liar fields, I was not able to call this
situation what it is. I am sure these students are wondering why they haven't
been interviewed, as I have alerted them of the possibility. Further, I would like a
copy of every student evaluation of the Professor's in Mark's Cyberlaw class and
would like to know whether any measures were taken to avoid the conflict of
interest that was presented by having Don Prunty enrolied in the class, a situation
which I alerted the administration of by email prior to the final. Given the
slipshod manner in which this matter has been handled, any further negligence
on any agent of the university may require me to inform the student body of the
complete lack of regard given to student's rights. Further, given the stress the
situation and other equally ridiculous situations manufactured by agents of the
university have caused me personaly and the indefinite cloud it has cast over my
future, I ask that my tuition for this semester, last summer, and the preceedlng
spring semester be returned to me and that any adverse consequences to my
academic record that may result from this matter be redressed.

0001~1

Lastly, given my interest in SCientology and tolerance overall, I would like to know
why Mark felt the need to declare to the class that "his personal beliefs would not
allow him to represent an organization like the Church of SCientology", especially
since he apparently has no problem representing pornographic web sites. I was

further troubled by the fact that the word "Tits and I believe a naked picture of
Brittany Spears made its way into a PowerPoint presentation seen by the class.
Certainly, I am an advocate of free speech and whathaveyou but I did not really
see any relevance in this material, save the fact that it had a connection of the
most tenuous sort to cyberlaw in general. Probably the student evaluations will
shed some light on this .
Nevada Raised,
Zach coughlin

Gel your FREE download of MSN Explorer at http://explorer.msn.com

.j

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00011.0

CONFIDENTIAL
MEMORANDUM

TO:

Dr. Rebecca Mills

Vice President for Student Affairs

III

Phillip Bums
Student Judicial Affairs Officer

FROM:

Christine Smith

Q.1{'i..UJb..Iu....

Associate Dean

'P t.ciD

DATE:

October II, 200 I

RE:

Student Code of Conduct Complaint

J am forwarding a file containing relevant information pertaining to a Code of Conduct complaint

1 received from Associate Dean Mary LaFrance on September 25, 2001. Dean laFrance alleges
that Zachary Coughlin may have provided false statements to Professor Tratos regarding the
submirtal of a required paper for Professor Tratos' Summer 2001 Cyblerlaw course.
J met with

Mr. Coughlin on October 2, 2001 to discuss this very serious matter. Mr. Coughlin

denies committing any wrongdoing. I asked Mr. Coughlin to provide me with a written
explanation of the circumstances connected with this complaint, and I informed him that upon
receipt of his written explanation I would determine if this matter should be referred to you for
investigation.
After reviewing Mr. Coughlin's explanation and what I consider to be intimidating and
somewhat hostile emaiJ correspondence sent to me and Professor Tralos, I have detennined this
maner should be investigated as a Code of Conduct matter.
Please notify me in writing of the final resolution of this matter. Thank you.

Enclosures

,
cc: Zachary Coughlin
Dean Mary LaFrance
Witham S. Boyd School of Law
4505 Maryland Parkway Box 451003 Las Vegas, Nevada 89154-1003
1702} 8953671 FAX (702) 895-1095

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_Ijrt f;ivil !Jivision

00 {WJ O

I hereby acknowledge receipt of a

Violation of
the

UNL V Student Conduct Code letter

Delivered to me by
Christine Smith for
Student Judicial Affairs Officer Phillip Bums

(Zachary Coughlin)
Date:

I
j

Vice President for Student Life

4505 Maryland Parkway Box 452019 Las Vegas. Nevada 891542019
17021895-3656' Ft>:X 17021 895-4148

LlD 06

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AFFIDAVIT AND ORDER

IN THE SMALL CLAIMS COURT OF RENO TOWNSHIP

COUNTY OF WASHOE, STATE OF NEVADA

'S I.,'{>l" ~ '\ S"-'"~IL<!$I qJ~l5-6501

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Plaintiff

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NOTICE
Ifeither party requires a cour1 reporter, you
will need to callihe court reporter's office
at (775) 325-6575, five (5) Judicial days
prior to the hearing dale to make

2931 EAST DUBLIN-GRANVILLE ROAD

COLUMBUS OH 43231

(Iol'-!-)

Phone No.

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2005

FEBRUARY 8, 2005

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AFFIDAVIT OF COMPLAINT

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5ubso;rlbfi! :and Sworn to befon m. this

Dale

ORDER

THE PEOPLE OF THE STATE OF NEVADA, kI the WI~med defef'>d.8nt(s) You.", he<ebVd"8Cled 10 8P;>11ar 8~

court 81

THE RENO JUSTICE COURT, ONE SOUTH SIERRASTRIi_

8

MARCH

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as,

2005

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__________________________

PLAINTIFF AND DEFENDANT SHOULD EACH BRING ALL BOOKS, PAPERS AND WITNESSES NEEDED. DEFENDANTS
FOR MORE INFORMATION ON W
NEXT, see THE BACK OF THIS PAPER. THE CLERKS AND JUDGes MAY

NOTGIVEYOULEGALADVI
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FEBRUARY X

copy 01 \1'\0
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AfFIDAVIT AND ORDER

IN THE SMALL CLAIMS COURT OF RENO TOWNSHIP

COUNTY OF WASHOE. STATE OF NEVADA

Plaintiff

,,;:

s~; r{"" '\ S"-'"~''-!l, <tJ~~25-6501

U" I <; L, i

NOTICE

2931 EAST DUBLIN-GRANVILLE ROAD

COLUMBUS OH 43231

Ifeither party requires a court reporter, you

will need to call the court reporter's office
at (775) 325-6575. five (5) judicial days
prior to the hearing date to make
arrangements.

Phone No.

VS

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Defendant

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Dept. No.
Cos. No. RSC 2005-000301

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Calendarec/>lARCH lIX, 2005

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FEBRUARY

8,

2005

AFFIDAVIT OF COMPLAINT

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ThIs declat8nl has. ~anded paymen~.t $aid &Uffi The defandant(s) refused to pay IN
:!e1endant !lIIides
or does bu$ines$
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Subscribed and Sworn 10 belor. ma this

ORDER

"'-IE >a:lP'_r Of THE STATE OF NEVADA. to thewithin-rlamud defeodanl(S)- You are hetebyOreded ........ ~

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THE RENO JUSTICE COURT. ONE SOUTH SIERRA STRlillOJoRi

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PlAlNT1Ff AND DEFENDANT SHOULD EACH BRING ALL BOOKS, PAPERS AND WITNESSES NEEDED. DEFENDANTS,
FOR MORE INFORMATION ON
see THE BACK OF THIS PAPER. THE CLERKS AND JUDGES MAY

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Small Clain(.; Agenda) t)\ARG

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Default Judgement

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ZACHARY COUGHLIN INDIV & db

COUGHLIN MEMORY FOAM_
Continued To::
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Pltf andlor Def"Paid for Court Reporter

Stipulation or Dismissal fded
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TELEPHONIC HEARING

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Default Judgement
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Dismissed w/o Prejudce

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Cross Claim
Default Judgement
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Judgement for DefendantICross Claimant for:

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decisions made in open Court shall be Jf!dgements of ~

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To:
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Case #:

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Reno Justice Court

Rob Walton, Agent for UnishippertS
Execution of Garnisbment ofWages lfAY -2 PH 12: 30
Zacbary Cougblin
NARIE l '
,.
RSC 2005-000301
RSHO,]JfMP~R.r- CL~H

BLt~~

Please find along with this letter the request for executioIfiiiijj\<uha
De for your
court _ $6.00, one for the Carson City Sheriff's Office - $34.00, and one to he forwarded
to the employer - $5.00).

Please :file the execution for the garnislunent of wages on my behalf and forward to the
Carson City Sheriff's office along with these instructions and the other two checks.
CARSON CITY SHERIFF:

Please serve the following local agent for the company where Zschary Coughlin works:
Corporation Service Company
502 East John Street
Carson Ctty, NY
89706

ATfN.
Federated Department Stores
9111 Duke Blvd.
Mason, OH 45040
included please find cbecks:
$34.00 for your fees
$5.00 to send to Federated Department Stores via. Corporation Service Co.

~~smatter,
Rob Walton
Unishippers
5655 So. Yosemite, Suite 306
Greenwood Village, CO
80111
720.488.4218

u 006

54458

1i'.'TERROGATORIES TO BE ANI, ..'ERED BY THE GARNISHEE UNDd!. OATH:

I.

. '

,'"

n '

_ _ _ _ __

\,\"

Or either of them, either in property or money, and is the debt now due? If not due,

w~n is ~e debt to become

f?tCm'ED

due? State fully all particulars.

ANSVVER:

----

_LIV~C~.~______________~~~~__~~~__~~_=~.~!~"r~r;
)~;I;:~~~--_____
SfJ,J;,j. uti
_ _ _ _ _ _ _ .____ ___ .__

S~~~)fF'r

-,'

---":"*
Are you an employer of one or all of the defendants? If so, state the length of your pay period and the

amount each defendant presently earns during a pay period.

ANSWER:

3.

/J ()

Did you have in your possession, in your charge or under your control, on the date the Writ of

Garnishment was served upon you, any money, property, effect, goods, chattels, rights, credits, or chases in
action of the defendants, or either of them, or in which ___-________ ,is interested? If so, state its value
and fully state all particulars.

ANSWER:

4.

-_..---- -----_.- - ..' ..------'-- - '--,------P>{IPr

Do you know of any debts owing to the defendants, whether due or not due, or any money, property,
or

eiiects, goods, chattels, rights, credits, or choses in action belonging to

In

which~_..::::.===____.._ijs interested, and now is in the possession or under the control of others? If so,

!-tate full particulars. ,

'fJ/Ar

Al'OSWER:

.s.

-_.

--------

-'"

-----.---~-.----.-

.-~---

State your correct name and address, or the name and address of your attorney upon whom written

nl ,tice of further proceedings in this action may be served.

1

--=-

Al'OSWER:

FEDERATED PAYROLL
911 1 DUKE BLVD.

MASON, OHiO 45040

OIAflIEi CROSTHWAITE 513573-7798

PRIl'OT THE NAME AND JOB TITLE OF THE PERSON WHO FILLED OUT TillS FORM:

.D< (>,"", c: (,..".Q..;". 1.'( 3>..", \l;p

I,

~-lAi JCd.>-~ . ,n,

.' rrogatories are true.

PC"'Pl.k;

ay

,M

, do solemnly swear (or affinn) that the answers to the foregoing

~SCRIBED and SWORN to before me this

,.
d
;17#
<RooS_;:L-":~:.--

R..I""'"'"*" t,

--

.,4'.;b~~0;t:-.O.~===~:;;
SUSAN J. DON\!j)""'J
NOTARY Dr !Qllf'> ~.,.:~.~ ...";;'~ "", ...

Signature

U007

."""'.

r
(

Initiator: Unishippers
5655 So. Yosemite SUite 306
Greenwood Village, CO 80111

F ILED
Phon" 0

Attorney for:
Court:

'05

MAR;n .. HC q, , y
JIJ:b{t~
_ ~, '
- - R.::..

JUstice Court ofRcnOTownship

81': 1<c.'.[1

Plaintiff: Dnishtppers
Defendant: Zacbary Coughlin
Hearing:

VEPt/F'

Case No. RSC200S000301

File No.

54458 I

I . At
of
the:the time of service J was at least 18 years of age and not a party to this action, and J served copies

Writ ofE:recutionlGarnishment
2. Party served;

Federated Department Stores

AKA
AKA

502 E. John St HE
Carson City, NY 89701

3. hemd the party "om,d io Item 2,

Resident Agent

May 17,2005 02:35 PM

4. Remarks:
Served Writ Garnishment, Execution, Letter to the Garnishee Defendant_ Employer and $5.00 Garnishee fee, by
sen-jng Katie Holaday, Service Technician.
5. Person serving: Jesse Horton
Car.;on City Sheriff's Department
90 I East Musser Street
Carson City, Nv. 89701

Service Fee: $34.00

Phone: (775) 887-20

7 . I am a Carson City Sheriff's officer and I certify that the foregoin

Date: May 18,2005

rue and

(x1712)

neet.

'~IJ1-----

1ff's Authorized Agent

)'
u008

In The Justice Court of Reno Township

County of Washoe, State of Nevada
SHIPPING SERVICES dba UNISHIPPERS

EXECUTION

Plaintiff,

ZACHARY COUGHt'f:N Indiv &. dba Coughlin

Justice Court Case

~ Small Claims Case

RSC 2005-0003 01

Case No.

Defendant.

Dept No. _ _...:3::------'---

------------------------'
THE PEOPLE OF THE STATE OF NEVADA
To the Sheriff of Washoe County
On

March 8

~,

a judgment was entered by the above-entitled court in the

above-entitled action in favor of SHIPPING SERVICES dba UNISHIPPERS

asjudgrnen[
credilOrandagainst Zachary coughlin Indiv &. dba Coughlin Memo~ulg~&lR.tdeb[orfor
$
$

$
$

5.000.00

principal.

attorney fees. (none allowed in Small Claims)

interest, and
------,-0------costs, making a total amount of
116.00
5 , 116 . 00

for the judgment as entered, and

It appears that further sums have accrued since the entry of judgment, to wit:

accrued interest, and

$ _ _ _-"3,,9,,".,0,,0'--- accrued costs, together with

$
6 . 00
fees for the issuance of this Writ. This makes a total of the accrued

interest, costs and fees, after judgment of

$
45.00
. This makes a TOTAL of
$ _~5.:.....:,,,-6:..~:.."_0_0,--___ for the judgment as entered and post judgment accruals.
CREDIT must be given for payments and partial satisfactions in the amount of

which is (0

S _ _-=0.:."::.00:...-_ _
be flIst credited against the total costs and interest accrued since judgment, with any excess credited

against the judgment as entered, leaving a net balance of

@$
5.161.00
acrually due on the date of the issuance of this writ, of which

bears interest at

percent per annum, in the amount of

per day, from the date of judgment to the date of levy, to which must be added

~ commissions
and costs ?f the oth~r office~ executing ~is writ.
Parties desiring post Judgment IOterest iO Small Claims cases must prepare a memorandum of costs and
must supply the clerk with the interest amount

~+=
C> "

cg, =

uD09
(Over)

,
EXECUTION (Conllnued)

SHERIFF OF WASHOE COUNTY

mterest and costs as p'rovided b 1
you are hereby commanded to satisfy this judgment with
ZACHARY COUGHLIN
yaw, out of the personal property of the judgment debtor
of the disposable earnings of the debtor
.
.
.
except that for any pay period, 75 percen~
m1nImUm hourly wage prescribed
~unng this penod, or for each week of the period 30 times the
In effect at the t,me th
.
by sectlon 6(a)(I) of the federal Fair Labor Standards Act of 1938 and
e
earnmgs
are
payabJ e, W h'Ieh
'
.
pursuant to this writ, and if suffi .
ever IS greater, IS exempt from any levy of execution
belonging to the debtor i th f, clen~ personal property cannot be found, then out of the real property
nor more than 60 da
nd e a oresald co~ty, and make rerum to this writ within not less than 10 days
ys en orsed thereon wtth what you have done.

DATE:

MAY 10

2005

iO'~~

ATTACHMENT
To

Serve Execution to Corporation Service Co at 502 E. John Str

MACYS: Carson City, Nevada 89706
Attention : FEDERATED DEPT . STORES-9111 Duke Blvd . , Mason, OH
BY VIRTUE OF AN EXECUTION issued out of the Justice Court of Reno Township and to me 45040

dIrected against the within Defendant_. I hereby attach all monies, effects, and credits in your handsoT
under your control belonging to the within Defendant _ or to either of them in pursuance of said writ;
except that for any pay period, 75 percent of the disposable earnings of such debtor during such period, or
the amount by which his disposable earnings for such period exceed 30 times the minimum hourly wage
prescribed by section 6(a)(I) of the federal Fair Labor Standards Act of 1938 and in effect at the time the
earnings are payable, whichever is greater, is exempt from any levy of execution pursuant to this writ; and
you are hereby notified not to transfer, payor deliver the same to anyone but myself.

SHERIff. WASHOE COUNT"Y

RETURN

--.,.,.--;c--;-,.,-:;:-:-=====:;:-:-"''''------ ___ returned

I certify that I have this date:

the within execution _
unsatisfied at the County of Washoe OR
Satisfied in the sum ofS.~--;-_ _,,-_ _ __
and that J have charged the following costs:

LEVY .. .......... $ , - - - - - GARNISHMENT ... .

COMMISSION ....... .
MILEAGE ............

OTHER ........
TOTAL

SHERffF, WASHOE COUNTY

uOIO

. . 1""

,~"

aND FOR

Plaintiff

FEBRUARY 8, 2005 -

Filed

..

-CS

."

"~,:,';

-'-, ... ,

TJ1:s c:\eCIarant ha~erJ:Ianded paymen!3ff sa,id sum Ttle..Sefendan!(s) refused to pay the same and" :~;'lIJ1.\;;~
de!~t resides Iftoor does businessp or1s iunployed 'Pin !he Reno Townsh!p.
'r:: _...

Subser1bed

ilf11l Sworn to before me thl$

." _,.

ORDER

'" "'P...,!

Y}-!E PEOPlE OFTHE STATE OF NEVADA. tOlheWllhin-named d\lfe~nl(S): You lire "".bydii~'"

".,'"

In the above entitled

JHE RENO JUSTICE COUR"F, ONE SOUTH SIE,RFIA :STI~'1:l~~!:

__ MARCH I!l<, 2005

...
....,;"",---------"

,,1,15 P
"1"-

al

-\

MresetfOf _ _ _ _:--_ _-:-_ _ _ _ ""' _ _ _ M

-,-

""':"'1

"" ........ \

..,,,,

M.lesetfOf _ _ _ _~--.:-----.'al

.,." ........ '

"

PLAINTIFF AND DEFENDANT SHOULD EACH BRING ALL BOOKS, PAPERS AND WITNESSES NEEDED. DEFENDANTS,
FOR MORE INfORMATION ON WHAT TO 00 NEXT, SEE THE BACK OF THIS PAPER. THE CLERKS AND JUDGES MAY
NOT GIVE YOU LEGAL ADVICE.
...,

-....
"

FEBRUARY 1

8, 2005

at

.,

M date reset

M dale reset

-"

MARIE l.ETCHEMENDY
ClERK OF THE COI,;RT

By
" r .10 {8IO'1

81 _ _ _ M .

"

I~~t..ri.e'
~!1Cl .. ~

-- 00 1 1

,,'\11

~I~IM.LL \"LM.IIVI., \"VUt\ I vr "t;.I'\IIV v ......... ' "'

COUNTY OF WASHOE, STATE OF NEVADA

IIIL.

'5 h. f?"" '\. SQ.~~I<-~S, <qJ@~25.6501

"

Z I 01
CERTIFICATE OF PERSONAL SERVICE
Slate of Nevada, County of Washoe

Toe undersigned, declares: I was, at the time of !he service of !he papers herein referred 10, over the age of eighteen years and not a party 10 this

aebon: I served the Declaration and Order in this action by delivering 10 and leaving with the persons hereinafter named, a copy, al the address
and on the date set forth opposite each name below, in Washoe County, Nevada:
Name of Person Served

P'ace of Service was

Fee fOf service $

declaf~

1255 Jones St..

a business

Date of Service

Slreet Address and City Where Served

Zac.hary Coughlin

residence of party served

U132,

Reno,

Nv.

02-17-05 10,'

-----

other, specify

_--.::3~5,-,-.~O~O,---_ _ _ Mileage S __-_0=--_ _ _ Total S _--'-3~5~.~0~O'____ __

under penalty of pe~ury that the foregoing is l11Je and COfTeCl.

r;!dttib:e.;ffid..

~evada

Judicial Services

Patric.k J,

Peregrin

Agency Name
903
Agency license Number

INFORMATION FOR DEFENDANTS IN SMALL CLAIMS AC TIONS

1.

NON APPEARANCE; YOU HAVE BEEN SERVEDAN ORDER OF THE COURT TO APPEAR FOR TRlAllN AN ACTION FILED AGAINST YOU IN THE SMALL CLAIMS
COURT OF RENO TOWNSHIP. IF YOU 00 NOT WISH TO CONTEST THE PlAINTIFF'S CLAIM YOU MAY: II) MAKE AN OUT'()F-COURT SffiLEMEHT WITH PLAIN
nFF BEFORE THE COURT DATE OR b) MAXE NO APPEARANCE AT THE TRIAL, IN WHICH CASE THE PLAINTIFF MAY BE GIVEN A JUDGMENT BY DEFAULT FOR
THE AMOUNT CLAIMED, PLUS COSTS.

2.

DEFENSES: IF YOU WISH TO CONTEST THE CLAIM AGAINST YOU, YOU MUST APPEAR ON TNE DATE SET FOR TRIAL WITH ALL BOOKS, PAPERS, AND
WITNESSES NEEDED TO ESTABUSH YOUR DEFENSE. AT YOUR REQUEST, THE CLERK WILL ISSUE SUBPOENAS FOR APPEARANCE OF ANY WITNESSES
YOU NAY NEED. SEe CMLCLERK FOR INFORMATION ON SUBPOENA FEES.

3.

CQUNTERCLAIMS: IF YOU BELIEVE EITHER a) THE PlAINTIFF OWES YOU MORE MONEY THAN YOU ,OWE Pt...AJNTlFF OR b) PlAINTIFF'S CLAIM SHOULD BE
REDUCED BY A SUM PlAINTIFF OWES YOU, YOU MUST FILE A COUNTERCLAIM. IF YOU WANT TO FILE A COUNTERCLAIM, CONTACT THE CML CLERK AS
SOON AS POSSIBLE. THE PlAIHTlFF WILL BE ENTITLED TO 10 DAYS NOTICE OF YOUR COUNTERCLAIM.

4.

10 OAYS NOTICE: YOU ARE ENTITLED TO BE SERVED WITH THIS "tlECLARATION ANOORDER" AT LEAST 10 DAYS BEFORE THE TRIAL DATE. IF YOU ARE
SERVED LESS THAN 10 OAYS BEFORE TRIAL, YOU MAY ajAPPEAR IN COURT AND REQlJEST A CONTINUANCE OR b) APPEAR IN COURT, WANE YOUR
STATUTORY RIGHT TO SUCH SERVICE, AND PROCEEO WITH THE TRIAL.

5.

PAYMENT: IF THE PLAINTIFF RECOVERSAJUDGMENT AGAINST YOU, HE IS ENTITLED TO IMMEDIATE PAYMENT OF THE FULL AMOUNT OF THE JUDGMENT
WHICH MAY INCLUDE COURT COSTS OR THE JUDGE MAY SET UPTIME PAYMENTS. PAYMENTS SHOULD BE MADE OIRECTLY TO THE PlAINTIFF AND NOT TO
THE CLERK. WHEN THE JUDGMENT HAS BEEN PAID IN FULL, PlA!NTlFF SHALLADVISE THE COURT THATTHE JUDGMENT HAS BEEN FULLY SATISFIED.

6.

APPEAL:!F YOU ARE DISSATISFIED WITH THE JUDGMENT, YOU MAY APPEAL THE COURT'SOECISION WITHIN SDAYSAFTERTHE OATEOF ENTRY OF THE
JUDGMENT. SEE THE CLERK FOR PROCEDURE ON APPEAL.

1.

EVlO!,NCf; ON THE COURT DATE PLEASE BRING TWO SETS OF COPIES OF ANY DOCUMENTS, PICTURES, STATEMENTS, ETC. THAT YOU WILL PRESEN TAT
THE HEARING. ONE SET W!LLBE FOR THE JUDGEAND THE OTNER SET FOR THE PLAINTlFF.

I.

Q!!fU ~QE;

PERSONSWEAR\ .......

TOPS. SHORTS,OR CUTOFFSW!l.l..HQJ.8EADMITTED INTO(

SHOES AND SHIATSAREREQUJRED-

---------- --

0'
'Sh'

,...

IN THE SMALL CLAIMS COURT OF RENO TOWNSHIP

COUNT.'" OF WASHOE, STATE OF NEVADA

.' fi" ~"'\ $"-c~,<..,,,~ I (\:j''@~25-6501

'-'" I ~ 4, \"\'"""'"

Plaintiff

'f).

AFFIDAVIT AND ORDER

2931 EAST DUBLIN-GRANVILLE ROM

COLUt~BUS OH 43231
Phone No.

.,

,'

I""

NOTICE
If either party requires
a' )
court
reporter, you
)
f'
will need to call the court reporter's office
<'at (775) 325-6575, f~vel(5}..!u4icial days
prior to the hearing date to make
arrangements .

\
ThIs declarant hayemanOed paymen1,i1 said sum
defendant resideS iO-or does buSiness

~fendant{sl refused .10 pay 100 same aod M :~)~ ':'" "ll
rp in the Reno Tcmnsh,p.

ORDER
THE PEoPlE OF THE STATE OF NEVADA. to !I\e within-named defeodant(s)' '00","'."

MARCH

~.e1lor'

",.~", to,.,.", ~

above enhUe<!

JHE RENO JUSTICE COURT; ONE SOUTH SIERRA STI~~~~!

GOur'I at.

on

f 'l"

or Is employed

;~I

2005

_ _ _ _ _ _ _ _ _ __

1:15 P

81

MresBlfOl', _ _ _ _ _ _ _ _ _ _ _ _ _ .,, _ _ _ "

" _ _ _ M'eself()( _ _ _ _ _ _ _ _ _ _ _ _ _ .,, _ _ _ "

PLAINTIFF AND DEFENDANT SHOULD EACH BRING ALL BOOKS, PAPERS AND WITNESSES NEEDED. DEFENDANTS,
FOR MORE INFORMATION ON WHAT TO 00 NEXT, SEE THE BACK OF THIS PAPER. THE CLERKS AND JUDGES MAY
NOT GIVE YOU LEGAL ADVICE._

,f'-'<~B::R~UA=R:.:Y~1_=8"..:2::cO_O,,'__
Nedon_ dale r...e1 _ _ _ _ _ _ _ _ _ __

" _ _ _ '.fd3IereSllI _ _ _ _ _ _ _ _ _ _ _ _ ." _ _ _ M-

" _ _ _ M.d3Ie resel _ _ _ _ _ _ _ _ _ _ _ _ ,, _ _ _ "

MARIE LETCHEMENOY
CLRKOFTHECOURT

~y
p:

')0 (

_,I}

/~Jf.t5i;(JtCa!
~yC'.'~

0013

THE COUNTY OF WASHOE, STATE OF NEVADA

CASE NO /[Se;){;c)'';.'t3DC
DEPT NO _ _~~"--_
,/

CERTIFICATE OF PERSONAL SERVICE

';e 01 Nevada, County 01 Washoe

cA

~IP)

The undersigned. declares' was, OIl the timeo! the serviceo! the papers tlere,n referred 10. O\Ie' the age 01 eighteen years and not Oil party 10 tnj~

)(1;' seNe<! the OedaraMn ar.d Order ,n this action by dehvenng 10 and leaving With the persons Mreinafter named.
.f\d on tr" date set forth opposite each name below,ln Washoe

Counl~.

Street Address lind City Where Served

Name 01 Person Served

Oil copy. alltle;

11reu

JE)

Nevada:
Date of Service

~IP)

a bUSiness _ _ residence 01 party seNe<!

______

F
1I11nder pe

tM~S

aIMI. Sped,~fy'.::==============::

p.

_ _ _ _ _ TotalS

ty of perjury that 1M loregoir>g is true and conect.

Agency Name

Sognature of person making affidaVlt

Aqt:fICy Lic.8Ilse Number

INFORMATION FOR DEFENDANTS IN SMALL CLAIMS ACTIONS

1.

~9-'~ ,o\E~!!,I;..E.;. YOU HAVE BEE'" SERVEDAJI ORDER OF THE COURT lOAPI'EAR fOR TRIAL INAA' ACTION FILED AGAIHST YOU IN THE SMALLClAIMS
COURT Of RENO TOWNSHIP, IF YOU 00 NOT YIISH TO CONTEST THE PLAINTIFF'S CLAIMVOU MAV: I) MAKE AN OUHlF.cOORT SETILEMENl WIlH PLAIN,
TIFF BEfORE THE COURT DATE OR b) MAKE NOAPPEARANCEATTHE TRIAL,IN WHCH CASE THE PLAIh'lIFf MAV BE GIVEN A JUOGMEh'l BV DEfAULT FOR
THEAMOlIIlT CLAIMED, PLUS COSTS.

:z.

WE..N~ IF YOU WISH TO CONTEST THE CLAIM AGAINST YOU, VOU MUST APPEAR ON TNE DATE SET FOR TRIAL WITH ALL BOOKS, PAPERS,AND

WITNESSES NEEDED TO EST ABUSH YOUR DEFENSE, AT YOUR REOUEST, THE CLERK WILL ISSUE SUBPOENAS FORAPPEARANCE OF ANV WIT IIESSES
YOU MAV NEEO SEE CML CLERK FOR INFORMATION ON SUBPOENA FEES,

COUNTERCLAI~~ If YOU BELIEVE EITHER I) THE PLAINTifF OWES YOU MORE ..aNEY THAN YOU OWE PLAINTIFF OR b) PLAlNTIFF'S ClAIM SHOULD BE

REDUCED BY A SUM PlAINTIFF OWES YOU, YOU MUST FLE A COUNTERCLAIM IF YOU WAin TO Fn.E ACOUNTERtLAlM, CONTACT THE CML CLERK AS
SOOH AS pOSSiBLE_ THE PlAINTIFF WILL BE ENTITLED TO 10 DAYS NOTICE OFYDUR COUNTERClAlM.
10DAYS NOTICE: YOU ARE ENTITLED TO BE SERVEDWlTHlHIS 'OECLARATIQNANOOROER" ATlEASr lOOAYS BEFORE THE TRIAL DAlE. If YOU ARE
SERVfD lESS THAN 1D DAYS BEFORE TRIAL, YOU NAY a) APPEAR IN COURT AND REQUEST A CONTINUANCE OR b) APPEAR IN COURT, WANE YOUR
STATU TORY RICiHT 10 SUCH SERW:E. AND PROCEEOWITH TNE TRIAL

.
Pl.AINTlFF RECOVERSAJUDGMEHT AGAINST YOU, liE IS EMTrTlED TO IMMEDIATE PAVMENT Of THE FULL AMOUNT OF THE JUDGMENT
i'AY/kNIIFIHE
~COURT COSTS OR THE JuDGE MAY SET UP TUdE PAYMENTS. PAYMEIUS SIIOULD BE MADE DIRECTLY TO THE PUlNTIFFANO NOT TO

'0'

WHICItMAYINCL
UDGMENT HAS BEEN PAID IN fULL, PLAINT1FF SHALL ADVISE tHE COURT THAT TIlE JUDGMENT HAS BEEN FULLV SATiSfIED
THE CLERK WHEN TH' J
.
SATISFIED VlIlH THE JUDGMENT, YOU MAY APPEAL THE COURT'S DECISION WITHIN 5 DAYS AFTER THE DATE OF ENTRY OF THE

~:/~~:;:EO~~ERK fOR PROCEDURE ON APPEAL

JE PLEASE BRING TWO SET SOF COPIES OF ANV DOCUMENTS, PICTURES, STATEMEHTS, ETC. THAT YOU WILL PRESENT AT
7.

~!lft otHHE COURT L~ BE FOR THE JUDGE AND THE OTHER SEl FOR THE PLAINlIFF.
THE HEARIIlG ONE SEIWI

OB' ....iCQ.t!i

PERSONSWEARlr

f'

lSHORTs,OR CUT.OFFS'{>'JJJJ1.QlBEAOMlrTEDINTOi

;. SHOESANQ SHIRTS ARE REOUIRED

/
IN THE SMt' ~ CLAIMS COURT OF RENO TOWN~'

IN AND FOR

THE COUNTY OF WASHOE. STATE OF NEVADA

* *

CASE NO ItJ(I;)[;C')-?<'C3C1

-==3'------

DEPT NO _ _
CT DATE
(PLEASE TYPE OR NEATlY PRINTI

DEFENDANT

,i)" A.

~p='"

I..l "''Dl.',

Do(..''''''- (,.r~",,;l(~ 1><0(.

"Rt>'--~*

\.):)0..(,\0,",

WORK PHONE #

C-6 ( 1.)1-... 10 -.lo 'a

bl+~~'1'

l)

bOOC (INCLUDE AREA CODE)

(>

c..,"~t...l\". ~""".'''u ... II'1

~~

~n-'31 (INCLUDECITY.STATEANDZIP)

,I

'ZA.d......

I.lJp. th

CTTIME

PLAINTIFF S(,,; .. e'<.~ 4"" "';'<.4,.

ADDRESS 2.!'IH t
A.,!..&J,'\-'1I ~A.\.1.o""'-.
HOMEPHONE#

_-",S:..,':.cl y~,--=l~5
_ __

'<I"

Lou1.L.. \~f\
H",,"""oDl

f""""

RESIDENTAGENT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(if applicable)

ADDRESS
PHONE #

:::1"1 4'5
[11

15')

IN (", ....e.

~'r

'\ae.,,~ I N\I

b"'lr;l>'l (INCLUDE CITY, S'FATEAND ZIP)

(INCLUDE AREA CODE)

"?>'33 - tlll ..

DEFENDANTSEMPLOYMENT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
DEFENDANT

00 RESIDES, 00 DOES BUSINESS, OR

AMOUNTOFSUIT$

'30""0,0<>

N ""l

BRIEFlY STATETHE REASON

~" ;- c.-e....

....e..., d --"!' ....d

2.~c>

[XI IS EMPLOYED IN THE RENO TOWNSHIP.

(DO NOT INCLUDE COSTS TO FILE & SERVE THIS SUIl)

P,,-,\ ...... ....,,,.\;-

-h,.-

+4

4....

""'-

~ 4,; Pf> h

0 .....-1'-er. .,{

<>"v\=

'}

,J ur ( '"1

HAVE YOU AND THIS PERSON EVER SUED EACH OTHER BEFORE?
YES

NO

WHEN? _ _ _-,-_ _ _ _ _ W H E R E ? - - - - - - - - - -

BELOW STATE ALL DETAILS INVOLVING YOUR CASE. INCLUDING DATES. NAMES AND LOCATIONS.

12"(<;t..,~,,,,,C"

<c ....Qke

p.&102 (~ 10lS7)

tor

~s...

"'tl1",''Pt>,,,o,If' I/ T=o'} pok~'oo

nu ....... -Y U:;,
'iiL,?I";-"'O
C"O....,f"M'..e.'3.

(USE THE BACK

I~ NECESSARY)

----____-:-~"~U~"~C~ough11n

Memory Foam

( I I'"V
~

Jus/ice Court Case

~mall Claims Case

Xx

TOP
of

fOr.

-------------------------------~

.J

BOTTOM )

----_.

In The Justice Court of Reno Township

County of Washoe, State of Nevada

SHIPPING SERVICES db. UNISHIPPERS

EXECUTION

Plaintiff,

ZACHARY COUGHC'i'N Indiv & dba Coughlin

~ Small Claims Case

RSC 2005-000301
Case No.

Memory Foam
Defendant.

----------------------,

Justice Court Case

Dept. No. _ _.:.3_ _ _ _ __

THE PEOPLE OF THE STATE OF NEVADA:

To the Sheriff of Washoe County

On

, 2005. a judgment was entered by the above-entitled court inthe

March 8

above-entitled action in favor of

SHIPPING SERVICES dba UNISHIPPERS

as judgment

creditor and against Zachary coughlin Indiv & dba Coughlin Memfs1ulg9&.Yltdeb(orfor
$

5,000 . 00

principal,

attorney fees, (none allowed in Small Claims)

$ _ _ _~~____ interest. and

116.00
$ ___
_ _ _- - - costs, making a total amount of

for the judgment as entered, and

5 , 11 6 00

It appears that further sums have accrued since the entry of judgment, to wit:
$ _ _ _ _ _ _ _ _ _ accrued interest, and

$
$

39. 00
6 . 00

accrued costs, together with

fees for the issuance of this Writ. This makes a total of the accrued

interest, costs and fees, after judgment of

45.00
. This makes a TOTAL of

@$

$ _-=5:.c-'.:.1:;:6-=1..:..:.0-,0_ _ _

fo~ the judgment as entered and post judgment accruals.

CREDIT must be given for payments and partial satisfactions in the amount of

@$ _ _-'O-='':'O:''O_ _ _
which is

[Q

be first credited against the total costs and interest accrued since judgmenl, with any excess credited

against the judgment as entered. leaving a net balance of

$ 5, 161 .00
actually due on the date of the issuance of this writ, of which

bears interest at

percent per annum, in the amount of

per day, from the date of judgment to the date of levy, to which must be added

:he commissions and COStS of the other officer executing this writ.
panies desiring post judgment interest in Small Claims cases must prepare a memorandum of costs and
must supply the clerk with the interest amount.

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EXECUTION (Continued)

SHERIFF OF WASHOE COUNTY

Interest and costs as

d
> you are hereby conunanded to satisfy this judgment with
v1
ZACHARY COUGHLP
ed by law, out of the personal property of the judgment debtor,
of the disposable ea'
f
except that for any pay period, 75 percent
mmimum houri
mmgs 0 .the debtor during this period, or for each week of the period 30 limes the
in effect at the rY wa~e pres~nbed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and
pursuant to th lmc. e earnmgs arc payable, whichever is greater, is exempt from any levy of execution
.
hiS wnt, and if sufficient persona] property cannot be found then out of the real property
b e Iongmg
to t e debtor in Ih r
"d
.
'. . .
e aloresal county, and make return to thIS wnt wIthm not less than 10 days
nor more than 60 days endorsed thereon with what you have done.

i3

~~ 01).
~ ;f!t.&~{(I

DATE: - - MAY
2005.
- "10
- - - -_ _ _ ,

CLERK OF THE COURT

'13. Cooper
by=::--:cc::------DEPUTY CLERK

ATTACHMENT
To

Serve Execution to Corporation Service Co at 502 E. John St

Carson City, Nevada 89706
Attention: FEDERATED DEPT. STORES-9111 Duke Blvd., Mason, 0
BY VIRTUE OF AN EXECUTION issued out of the Justice Court of ReDO Township and to me 45040

MACYS:

directed against the within Defendant _ , I hereby attach all monies, effects, and credits in your hands or
lUlder your control belonging to the within Defendant _ or to either of them in pursuance of said writ;
except that for any pay period, 75 percent of the disposable earnings of such debtor during such period, or
the amount by which his disposable earnings far such period exceed 30 times the minimum haurly wage
prescribed by section 6(a)(1) oflhe federal Fair Labor Standards Act of 1938 and in effect at the time the
earnings are payable, whichever is greater, is exempt from any levy of execution pursuantta this writ; and
you are hereby notified not to transfer, payor deliver the same to anyone but myself.

SHERIFF. WASHOE COUNTY

RETURN

1 certify that I have this date_-,c.c:T::;-;;::;:;'::;::;;:-::;'ill::;::=r;;,------ _ _ _ returned

the within execution _ _ lUlsatlsfied at the Caunty ofWashae OR

Satisfied in the sum of $ .

.
and that 1 have charged the followmg costs.
LEVY ...................... $ , - - - - - - -

GARNISHMENT
COMMISSION ....... .
MILEAGE ........... ..
OTHER .................. ..

TOTAL

SHERffF. WASHOE COUl'o'TY

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(!)NISHIPPU

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5655 South Yosemite

Suite 306

f-----t'eE;ru"''J''':"":ffi(lO---..:::,,~___t''''?'_-_#_----.:l---.:!-__:__:_:__;;_;- Greenwood
Villoge, CO 801'. _'_ _
www.unishippers.com -

Reno Justice Court

Civil Division Judge
1 South Sierra St.
Reno, NY 89520

-8 fl:; 12: 0 I
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p: 303.665.1000
f; 720.529.4894

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Your Honor,
Please grant me pennission to attend my cO"'l,appellraJ"ce telephonically as it would be
difficult and costly for me to attend in perSOll.
offices are in Columbus Ohio.
1 would make myself available to phone in at the CQ~':ni':ncl' of the couri

this opportunity.

in am given

Please give me instructions to phone into the court along ~e

d te giVttJ1 fQ2the
<.. ~~
,.
proceedings.
5b:....
""f'Tl

obe Walton
Agent for Payment Resolutions
Unishippers

Direct Phone -720.234.6609

Fax - 720.529.4894

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I
CERTIFICATE OF MAILING

This certifies that Karen Stancil, an employee of Reno Justice Court, has placed the
attached letter in the Washoe County mail system on February 9, 2005.
The letter was mailed to:

Mr. Zacbary Cougblin

dba Coughlin Memory Foam
7795 White Fir
Reno NY 89509

u020

NOTICE

Plaintiff

If either party reqUires a court reporter, you

will need to call the court reporter's office
at (775) 325 -6575, five (5) judicial days
prior to the hearing date to make
arrangements.

Tl'Os d:Iaranl

haS~~1'\ded paymen':3 sa.id $Urn

defer>danl resi(\eS ~ doeS business

The

deleridant(s)relu~:O pay \he same ~nd "?

'f' or IS employed ~n !he Reno Township

Subscribed and sworn to beio re ml th1s

.~

'. i

,"~".~~~d,,"~,",~O~R~D~E~R~"t"di"~~."~"'~'~~~~

THE PEoPLE OF THE STATE OF NEVADA. \0 \I'M

""'" "

My CommIssion

THE RENO JUSTICE COURT, ONE SOUTH SIERRA STREET, RENO,

~~;l~:r""

above entitled

1.1 reset lor ___________--'-___________ , , - - - - ,M

~_MAACllIll. 2005

,, _____ 1.1 resel for ________________________ ,,----M.

~~---------------------

PAPER.~THE

PLAINTIFF AND DEFj:NDANT SHOULD EACH BRING ALL BOOKS, PAPERS AND WITNESSES NEEDED. DEFENDANTS.
FOR MORE INFORMATION ON WHAT TO 0;0 NEXT, SEE THE BACK OF THIS
CLERKS AND JUDGES MAY

GiVE YOU LEGAL ADVICE.

_NOT
B. 1OO6
Ned 011_Fm ilAlY I
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at

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.'.~~{~el---------~--~---------,,-----'M
M
al
M.dBlerasel _______________________

MARIE L ETCHEMENDY
CLERK OF THE COURT

Ic,

Bv
\I

____-

8021

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1255 Jones #132

Reno, NY 89503
Phone: 775 338 8118

(-

March 11. 2005

Judge Jack Schroeder

1 SoUlb Siena Street
Reno, NY 89501

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.. _

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8Y,____ _

r:c. ,.

Dear Judge Schroeder,

J am writing to request an opportunity to defend my case, though I was not present OD the date specified in the
Order (RSC 2005-00(301). I was served notice on Februruy 17Ih, I am enclosing a copy of the Affidavit and
Order thai I was given on that date. Please note that the date ofMBrch 15"', 2005 is indicated in the "Calendared"
oo1umn. However, at the bottom oftbe page lhe Order indicates that the date to appear is March g!h, 2005 at
1 :lSpm. I was mistaken, and had planned all appearing Oil March J5 111, 2005.
I am sony that I did nOl appear on March 81/1, and acknowledge that it is clearly indicated OD the boltom of the
Affidavit and Order. I ask that you consider granting me an opportunity to address this case in spite of my
oversight.
I calJed and spoke with your Court Clerk on Marcb I lib, 2005. She indicated thai I was mailed a notice of
telephonic appearance 10 the storage shed that J formerly used for business, located al7795 White Fir, Reno, NY
89523. 1be Clerk indicated lhat this mailing was retwned 10 the Court. I have Dot used that location for well over 5
IOOIlths. I was served the initial Affidavit and Order al my current address, 1255 Jones #132, Reno. NY &9503.
The paperwork thaI I was served did, however, have the White Fir address.

Sincerely,

Jon

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RENO JUSTICE COURT
REQUEST FOR EXECUTION

Case No.:
Court Dat.e:
I?laintiff Name:

U"l:S~ l

prp-e'$

Defendant Name;

'"'2..a...c...~

Cou~ ~l\\f)

Payments Mada Since Da.te of Judgment:

_ _ _,:;,-""
_ _ _ _ _ __

Place of Employment 2.r Name of Bank 2!: Business cash box etc. :

i'1 "'-"-'(

IS

Employment (or Bank or Business) Address:

c.o("'poro?..~o,,\

S-eC"v'lc...-.
Co. I
I?O'2.
E V:oL..Q.'S'.f,
C-~r-'SOf'\ . cirt--{ I
N'-./
'84.~oG.
A\\~. I'-ec\-"-<,,,.\;~c( t:> ... (>.\. ,*o<~'3, "H!! I>u\~ ___ 13(,.,,(.
To process you~ execution you must first obtain the service ~~S6~

fee required to have the . Execution served by the Washoe County D\J.
Sheriff. The Washoe County Sheriff phone no. is (775) 32B-3544 or
(77S) 32B-3310.
Their locations are 195 S . Sierra Street or 911
Parr BlVd. Reno. Nevada.

~~L

Information Required:
Writ of Execution (wi garnishment) : .

Writ of Execution (no garnishment) : .

Writ of Attachment !wl garnishment) :

Writ of Attachment (no garnishment) :

Notary fee for Employer etC!.
Mileage:.

. ..... .

TOTAL OF SEBV.ICE rEES:.

$_----

$_---$'-----,$ 5.00 -

"--e)~c~.\;~c-\

$_----

$_----

U023

1I~----~fe~bru~~y~3~"~.2mOO~5-

5655 South Yosemite

Suite 306
_. _ _ _ GreenwoodVitiage, CO BOllI

THE SHI"'INO COMPANY THAT WORn I

www.unishippers.com

li2: 0 i

- - -I

P' 303.665.1000

f: 720.529.4894

;:o\'. CLERK
COURT: ;1

v.;U,u

1 South Sierra StReno, NV 89520

Your Honor,

mica1lyas it would be
:olumbus Ohio .

Please grant me pem

difficult and costly f.

the court if I am given

1 would make myseU

this opportunity.

proceedings.

~~

Agent for Payment Resolutions

Unishippers

Direct Phone - 720.234.6609

Fax - 720.529.4894

U025

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RENO JUSTICE COURT

~.

POST OFFICE BOX 11130

\is

RE NO. NEVADA 89520-0027

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TO <ENDeR";:
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MR . ZACHARY COUGHLIN
<lb. WI(HLIN MEMORY Fa
775 WHITE FIR
RENO NV ~

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5f.," Plltent and Trlldemart; or~ I

Octobe, 18, 2002

EXAMIHATION,

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(Rev. April 2002)

October 16, 2002

Filing Deadline: July 5, 2002

APPUCATION FOR REGISTRATION TO PRACTICE

BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE
P'~1W011I: R,dutt!o" Ad 01 1995, no pelsens ,r, r-.quad to "'POnd to ClOlIKtlon of Iokl.malion
I~;;;;; dIs~ci~:
~-:td
eontr~1
Is Ilqu".d
t ....

OMS
numOtlr, This QO.'lttction of 11110",..11011
by 37 CFR Stoc:tions
Tn,
0tI'Iq S ",formation IS used by the public to hlgbler to p'actiot before , ..... Un..d
POad~ ~Io,. the US~~TOl '~d by lhe USPT<? 10 det.rl'l'lne \h, 4igbilly of 1M .~n( to IlgIII., 10
und., It.. PnvlCY M. and tM~. information on th,lS lorm Wl1 be 1It11,", oordidenl:illlIy to ,,,. lid,Nt .1Iowed
vol,,"''Y; Iw_v-.r, i you do not '~::f Infonnallon Act, (FO'A) Ruponq to 11'11$ Information <:o"'c:lion Is
.-.gmt/ation "Imin,llOn or " st
P
1M, "qUflstad mfollnnon. tile U$PTO n'IIIy not ,dml you to tt
10 eo""ifll. Indudlf'g g'lhef~ ., you to praebee befol' ~he USPTQ ThIS lorm is ""lmIted to Ilk, 30 minute.
Any cammenls on 11'1, amount
~:,:arlng, "'Id. 6UbrT*'-tng the informatian on In. 'ppleatlOn to ttl, USPTO.
burOen a.hould" .ent t th C
you requlle to C(I~te this 101m endlol suggestion, lor l.duc!nQ this
2327, Arlln~on VA. 222~2';"7I'1i1or InfolmMJOn Off...." Un".d St.tn Petelt end Tredem.,k Offlc:e, PO Box

oN.

EXAMINATION

SI,t" P", ..

l'l39b
RECEIVED
IUIll "11t - q P ~, 53

!i

F'-'l~

DO NOT SEND FEES OR COMPlETED FORMS TO THIS ADDRESS

corporation, law

Government agency, etc ,)

!'-/ i/ ?9 Ic)
le)

Attao;:h COPI or both ,Idu 01

documenlll ion of permllnent
lesldence

~ ~heck the foUO'Ning that appfy

a.. ~~p~ication
for the Examination: Enclosed is my no>:n-:r'-'1fu~ndma~b1e~;~~~;~Of~$4~0~.00;~fO;r~the~:.x:a:",,::na:'~'0:n~(3~7~C~F:R~
.' 1.21(a)(1)(i)J. and the required fee of $310.00 [37 CF~
.
the examination.
I am applying to take the examination in the following
location: (See the bulletin for exam location choices).

9a.

--,

~:-;-~:;-';;'~~~~~;;-.;;:;;;:;:L-~;;.::;r5;;;;T<'f.;;;--

PTO EMPLOYMENT: Are you currently employed at the United States Patent and Trademark Office?~S;;; i~i~~
IJIkre you previously employed at the United States Patent and Trademark Office?
L
If "Y"ES". complete the Undertaking Under 37 CFR 10.10(b) {Form PTO-275j, and attach it to this application.

9b.D Fonner Patent Examiners: 1am a former patent exarriner and haw served in the examning corps of the UnitE
States Patent and Trademark Office for at least four years. I hereby re.~!test that the taking of the eXamnatifl-- b:o
waived (37 CFR 10.7(b)]. Enclosed is Ill. req~rod ~ra'on fee of $100.00 (37"CFR 1.21 (ai(2)].
10.~ Passed a previous examination: I passed the exarrination held on
Enclosed is the required
registration fee of $100.00 (37 CFR 1.21(a){2)].
11.L,j Reinstatement I am applying for reinstatement or, as a former gcwemment erf1)loyee. for a change from
inactive to active status. Enclosed is any reqt.ired fee [37 CFR 1.21],

12

13.
14,

Have you previously applied for adnission to the registration ex arrination or ~l:~ the OtJice of
Enrollmen1 and Disdpine to AV81uate y~ur ~dentific and tech neal qua~fi~V9ns?
5
0
Date of Previous AppIication;4..;~/
JlIl~ 7022..
Name on AMI'
,'
n
16 auRIN Z B

VVere you ever registered to ~ in patelJ. cases before the United States Patent and Trademark Office as an
attomey or agent? 0 Yes ILJNO
If "YES", what is your Registr~tiQl] ""''-_, _ _ _ _ _ _ _ _..'''.........
t WI "Ft";bI'1
w. - ....
BAR MEMBERSHIP : Are you a ~ of a court of the United States, ~~~st court of C! State Of Teftf.'W"
Yes
JLjNo
~'-

the Untted States?

If YES; Please list all said courts: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

[JODI
~

lIfl .JIl _q p

53

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.... 1I_... 0II001
0Il001

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~a7CFR.. lO'I00P'iiI1IIPT047SJ, .... -

..... lie .......

IIiIIIIrI ~ . . . . . . . "'. .100 $100.00 [3I'aoR 11.21-. .

on
_
.... ooqooIoWd

....,
...

.Act:GROUND
United States PaINFOfWAT10N: C.
or and truthfuhess are significant elements .... M,nes$ relevant to practice before the
a";labie info"",,:' ::, Tradez
You should. therefOfe. provide tho OfIIce of Enro"""'n! and Dio.plino "'th ~I
each question a~red ~~~ ~
'::a~ its relevance is, in doubt. with regard to the questions asked below. For
copes of reievant documents' Your
a
statement setting forth aU relevard fads and dates along wrth veri68d
:bcoments evidenoe Of
respon~s mu~t be updated as necessary, prior to your registration. Arrt
question ~ be ch
proo. prevtOLlS~ lied In a pnor appication need not be resubrritted unless your response to a
disciplinary proceed~ F;IIU; ~ dISclose the requested information may result in denial of registration or in
ngs un er
FR 10.22 should you become regrstered.

0:-'

prc::e

fu

15.
1.

~e any charges ever been preferred against you in connection W1h your practice before any

u
'
. or character?
Ha flfal or State court ' Of munidpal b
teau,
convnsslon,
otl'ic:e or agency of any kind
a ve ~~ ever bee~ a~sted, charged, or held by Fed8f8l, State or other law enforcement
utho~es for a~ violation of anY,Federal or state law, or aT?)' county or rn.mlcipallaw,
~:tion ::
(00 not
any rrisdemeanor before your
birthday or traffic
ons r
I
e fine was $100 or less.)

::':'7

Include

16th

you ever been disciplin~, re.pri~nded, suspended, expelled or asked to resign or

. N;'w~":1 any educ:alio~a~ I~stitution, or have you resigned or withdrawn from any such
nstitutio~ In
to avoid dlSCIplme, reprimand, suspension, expulsion or request to resign for
conduct InvoMng clShonesty, fraud, nlsrepresentation, or deceit?
1.
ave you ever been discipined, reprimanded, or suspended In any job for conduct involving
dishonesty, fraud, nlstepresentalion, deceit, or any violation d Federal or State laws or regulations?

17.

tir;e

':i

D's

EYNO

r:::dIE s 0

NO

DYES czrN'0
DYES 0-0

19. Have ~u eve.r ~n fired or clscharged from any job, or have been asked 10 resign or quit for
conduct Involving dishonesty, fraud, rrisrepresentation, deceit, or any violation of Federal or
state laws or regulations?

DES ~o

20. Have you ever resigned Of qlit a job when you were under investigation or inql.iry for conduct
which could have been considered as involving cishonesty, hud, rTisrepl"esentation, deceit, or
violation of Federal or Slate laws or regulations, or after receiving notice or been advised of
possible investigation, inquiry, or discipinary action for such conduct?

OYES~

21. Have you ever been cischarged from rTiHary service under conditons other than honOfable: or
DYES~
by reason of the serrtence of a Court Martial or being dropped from the roNs?
.<2. Are you deinquent on any State or Federal debt? OnciLKIe del"nqtJel"lcies arising from Federal or
c:::JiES
State taxes, loans, overpayment of benefits, and other debts to the U.S. Government and defaults
on Federally guaranteed or insured loans such as student and home mortgage loans.)
23. EDUCATION: Ust al degrees conferred In the blocks below. Attach to INs appicalion any requred documentation
to co~lete your appication for registration. Refer to the General Requirements Bulletin. If you applied previously for an
exam, please see the General Requrements Bulletin section titled "REAPPlYING TO TAKE THE EXAMINATION" for
wt'iat you must subrril.
Major Subject 1&
Degree Received n
Date ReceJved
College
indicated on Transcri t
I~;cated on Trilnscri I

00

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Blo(061L

l"l"i '?

~I "/'"" '200

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()

Upon the basis of the foregoing information and any attached doc umerrts, I heret7( apply for registration to practice in patent
cases before the Urited States Patent and Trademark Office. J ctify that each and ~er( statement or representation in
ths appication is true and correc:t:. (A KIiIffuIIy false statement or certification is a criminal offense 8I1d is ptlishable by taw
[IBUS.C.' lOOf1)

"
s mIItlll"e of ADollcllni

h?7h L:

dO,

o~

Dille

Jv\

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CertUlCille of IMlUng un~!f. 37 CFR 1.8

.
.
~ hereby certify that this correspondence is being deposited with the United States Postal Service with suft'iClent postage as
... class mail In an env~ope _essed to: M~I Stop OED, Director. USPTO. P.O. Bo' 232'j"ington;:22202 2Lk!.
0

"l1s102

o.la

Uillrf?v IS, CoU,,(jL.;~

Printed name of .,.,,.on maklf\g dePGl1!

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u002

t,

UNITED STATES
( PATENTAND

* *.:... TRADEMARK OFFICE

General Counsel
Washington. DC 20231
WYN/.uspto.gov

March 28, 2003

Zachary B. Coughlin
2612 Burton
Las Vegas, NV 89102
Dear Mr. Coughlin:
Upon further review, your application (passed October 16, 2002 examination), for
registration can now be processed.
Enclosed is a Data Sheet and Oath. The Data Sheet is used to establish your business
address of record, and in maintaining the register of patent attorneys and agents. The
completed original Data Sheet and $100.00 registration fee required by 37 CFR 1.21(a)(2)

should be submitted to Box OED. Office of Enrollment and Discipline, P.O. Box 2327,
Arlington, VA 222022327 within one month from the date ofthisietter. Failure to provide
the information in a timely manner will delay processing of your application for registration.
The name to be printed on your certificate of registration will be as it appears in
the address heading above unless you request otherwise in a separate letter
attached to your Data Sheet.

Since you have passed the examination, you are Qereby given limited recognition pursuant to
37 CFR 10.9(a), to prepare and prosecute patent applications before the U.s. Patent and
Trademark Office. Although you have been given limited recognition, you D18.y not hold
yourself out as a registered patent attorney or patent agent until the Office of
Enrollment and Discipline has given your application final approval.

If you seek registration as an attorney, and have not already done so, submit an original
certificate of good standing issued within the last six months from the highest court of any
State or the Territories of the United States to which you have been admitted to practice.
Your provisional registration number is P-63,906.
You must use the provisional
number until you receive a letter from the Office of Enrollment snd Discipline
indicating that your registration bas been completed. This number must appear
below your signature on every paper submitted in the Patent and Trademark Office.
Please note that the name to be printed on your certificate of registration will be as it
appears in the address heading above unless requested by you in a written letter submitted
with the return of your Data Sheet.

If you wish an acknowledgement of your Data Sheet, include a stamped post card identifying
the paper in accordance with instructions in MPEP 503, item "Return Postcard". OED will
stamp the receipt date on the card and place it in the outgoing mail.

II

003

After the Office of Enrollment and Discipline gives your application final approval, your
certificate of registration will be forwarded to you at your business address of record with
this office. The date that appears on your certificate of registration will be tbe date of your
registration.
Very truly youra,

Shirley A. Brown
Paralegal Specialist
Office of Enrollment and Discipline
703-306-4097

I
I

U004

U. S DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

(Dale)

THIS IS TO CERTIFY that the annexed is a true copy of the United States Patent and Trademark Office
d.ata registration file for Zachary B. Coughlin.

By authority of the

Dlll.ECTOR OF THE U.S. PATENT AND TRADEMARK OFFICE

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t. ,",I ~ , ,tl.! ".1 h,' d Il .... IIrd !il11'!'>0:1 l'r L'l~ \.'OUlll'H:d ..

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ek,

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\,:

REV 2005

l;t'

APR
ii'

:.iii,

001396

I}.A.'-t

~&

NOTIC_ OF UNLAWFUL DETAIN!:.- FOR

DEFAULT IN PAYMENT OF RENT

and/or (Vyv.f

~2..f~~'...J1....1 '3~

/1

c;I

Pursuant to NRS 40.253, you are guilty of liD unlawful detaJoer due to your

default

/rt 5;:;

in

paym nt

of

rent

Ih"b/

So

for

the

premises

/-j -

due.nlbedal '

(month)

1!5,

at

Reno. Neva<la In the following am.unt(.):

S'---'=;r,:;"_ _ _ _ late charge applicable to above.

located

due on tbe date

!~

(day)

(year)

,J;,

.r_---,:7~=-_,/~~--:;:()7tc.,..
(month)

(day)

(year)

$._ _ _ _ _ _ _ _ _ late charge appUcable (0 above.

S._ _ _ _-'-_ _ _ _ doe

00

==__=:;-__=::;-

the dale of _ _

(lUDutb)

(year)

(day)

S'_~"--"----:",,,,-,,,,",_Iate charge applltiiblc to above.

S

1:J... O.

TOTAL

You arc directed to correct the for~lng default or lJurrellder the prcm~e8
by Dot later Qlaa 1%:00

p~m. on the /3

-:;:::::dayof

f!#

.200

t; .*

J(you fall to do so you wUl be subJeet to ~ourt ordered eviction.

To coatest tb(B notice you mud file an affidavit and request a hearing by not
later than 5:00 p.m. on the date indleated above. You must st2te in the affidavit tb: at
you bave tendered payment of the rent err that you are not in default in payment of
lbe rent. The affidavit may be obtained aDd mud be med, with a copy of tbis

'"

Notice, at ReDO Justice Court, Joe.ted at 1 South Sierra Street,. ReaD, Nevada. You

mod abo

pay a filing fee at the dme tbar you requert a bearlng-

'-~k tlf;) -d20D {,..

_."-

-.. --~--

Dat

j?EV deN;' -

(JtKJ

9(J-'7-

.....

,..,

IN THE JUSTICE COURT OF RENO TOWNSHlP, IN AND FOR THE

COUNTY OF WASHOE, STATE OF NEVADA

FIVER A!UfS APAR'l'MER'TS

Case No.

Landlord

REV 2CC6-CCC9C9

Dept. No. _ _ _ _;~_ _

VS.

&lOR ANY OTHER

TENANT

ZACHAny B. COUGHLIN
Tenant

ORDER
UPON APPLICATION AND NOTICE given by _ _S
__
AH_n_O_8_L_g_ _ _ _ _ _~
served in person on _ _ _ _ _ _ _ _ _ _ _ _ _ _~. OR mailed on __.'-/_6_/_C_6_ _ _ _ _ _~
_ _ _~. AND affixed to main entrance of premises on _ _ _ _ _ _ _--'."/:<6!.1(CCC~6'____ _ _ _ _ _~
and proof thereon being supported by a sworn affidavit on the date hereinafter mentioned, and the tenant not having
filed a counter affidavit, and good cause appearing therefore,

IT IS HEREBY ORDERED, AOJUDGED AND DECREED AS FOLLOWS:

That the Sheriff of Washoe County, or one of their duly aJthorized agents be, and he hereby
s directed to remove each and every person found upon and within those certain premises located at _ _ _ __
--.!'~2~5~5~J"D~R'!.E"''''__S~S~T:.':R~E'_'E~T'___ _ _ _ _ _ _ _ _ _ _ , Unit # _1,-~,,2~_ _~, Reno, Washoe County,

Nevada. wilhin 24 hours after receipt of this order.

17TH
APRIL. 2CC6
DATED this _ _ _ _ _ dayof _ _ _ _~_ _ _~_ _~_ _~_

"-'']J L

-t l./{ f, t
JUSTiCE c#tHE PEACE

110

a2

./

r.

IN THE JUSTICE COURT OF REJ fb.vliJitijIP. IN AND FOR THE

COUNTY OF WIOIWiJ!iI S,1:ATJ;; OF NEVADA
C I rn~: ~ J
RIVER ARMS APARTMENTS
Landlord

UA.'1!if i~ "'., -C" ~oRt:N6' .... ~~,', 1m II. CLt:fl.j{

JU,TICE COURT'

BY

CaseNa.

REV 2006-000909

Dept. No. _ _ _ _5_ __

VS.

ZACHARY B. COUGHLIN

&lOR ANY OTHER

TENANT

Tenant

ORDER
uPON APPLICATION A,ND NOTICE given by _ _S_A_M_N_O_B_L_E_ _ _ _ _ _~

served in person on - _ _ _ _ _ _ _ _ _ _ _ _ _ _ , OR mailed on __4_/_6_/_0_6_ _ _ _ _ _~

- - - - , AND affixed to main entrance of premises on ------_--'U"IL60/-!OD.1i6 _ _ _ _ _ __
3nd proof thereon being supported by a sworn affidavit on the date hereinafter mentioned, and the tenant not having

--::Ied a counter affidavit, and good cause appearing therefore,

IT [S HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS,

That the Sheriff of Washoe County, or one of their duly authorized agents be, and he hereby
if directed to remove each and every person found Upon and within those certain premises located at

1255 JONES STREET

Nevada, within 24 hours after receipt of this order.

, Unit # 132

~!E

""):>"
R~~a$JiOe cii~)!W,::
..;;::

::'1

rT\
oc

~(j

...:::.0
-:p"c

o~
"P"".-(

C"

A:J
OJ

,-no
ht/"l
n
',' . . ;rr.

"oC?

:j-nS

o:::!~
"Z.{j...(

rn

tJl

~
2006
DATED this _ _17TH
_ _ _ dayof _ _ _ _APRIL,
____
_ _ _ _ _ _ _ __

IJ 0 03

r.

3720
River Anns Apt
1255 Jones St #113

Reno,NY
(775) 323-4640
Attorney for: IN PROPRIA PERSONA

IN THE NV JUST CRT OF RENO TWNSHP OF THE STATE OF NEVADA

IN AND FOR THE COUNTY OF WASHOE

RIVER ARMS APT,

Plaintiff
VS .

Case No. REV2006000909

Dept. No.

ZACKARY B COUGHLIN,
Defendant

________________

~I

AFFJDA VIT OF SERVICE

Mark Stoess > being first duly sworn, deposes and says: That affiant is a citizen of the United States, over 18
years of age, not a party to the within entered action, and that in the County of Washoe, State of Nevada,
personally served the described documents upon:
Person served:

Location:

Zackary B Coughlin by serving:

posted,

1255 Jones St #132

Reno NV

Date:

411912006

Time:

12:41 PM

The document(s) served were:

EVICTION ORDER
,.'

DENNIS BALAAM, SHERIFF

,de No. 2006005494

0004

IJ

(
NO: REV 2006-000909
DEPARTMENT NO.5

In the Justice Court of Reno Township, County of Washoe

STATE OF NEVADA

RIVER ARMs APARTMENTS

ACTION: CNIL
PLAINTIFF,

DEMAND:WR1TOFREST[TUTION
ZACHARy B. COUGHLIN
DEFENDANT.

A TrY FOR PLAINTIFF,

Phone Number

AITY FOR DEFENDANT

DATE
2006
APR 17

Phone Number

PROCEEDINGS
Notice to Vacate and Landlord's Affidavit filed.
Order to Vacate issued and delivered to the Washoe County Sheriff.

APR

24 Order to Vacate Premises returned and filed.

19, 2006)

(Served on April

'"''

\1 () 0 5

.....
b

I,

SUMMARY EVICTION

~AVIT OF SER~:!

of the United Slates and I served a:

_ _ _ Non-Payment of Rent Notice
_ _ _ No Cause Notice to Vacate

althe time service ,ook place a

citizen

___ Breach of Contract Notice

___ Unlawful Detainer Notice

"
...ud/
7;J
--<a=--'5~-'''''4Jp~,_.,=~,
"'-3~~E~--'-t.J;:;~~-

N~UisanceN,ot.if7
i .' ,
TO ~~_'::""'W>AVV1~:sP--.I."'-'.:...,,,C~'~~~~:L---,fj__4------- and/or any other tenants residing at
by (FILL our #1, 2 OR 3),

I. PERSONAL SERVICE
_ _ Accomplishing personal service as follows:
By personally serving a copy of the notice to the tenant on _ _ _ _ _ _ _ _ _ _ _ _ _ _ , in the
presence of a witness who has signed below and tenant bas signed as proof of receipt

__ the original of the notice OR __ other paper specifically _ _ _ _ _ _ _ _ _ _ _ _ __

2. SUBSTITUTE .sERVICE AND MAILING
On
I attempted personal service in the presence of a witness who has signed below but _ could not fmd tenant at his residence or _ could not find tenant at his
r_ ... A ""n"n1 hut tenant would not sign for notice, so I served

II------~' I mailed

a copy of the

I ,inpled personal and substituted service as foI-

't

r , fUld tenant at his...L residence-

I~
(

9 ,

JI.

ef]

.,i

,and found

business,

one there of suitable

DO

follows: I posted the rented property at the

-r:J
.
~~='-_ by attaching the notice to

f - ._ - ' - -

Door, etc.) and I knocked on the main entrance

F"","3817'~'Y2001

in an attempt to serve ttllY

........ .,v.

----- ...

:t

G~

Date 7

tLOo.? .

YN'O one answered. __ The door was answered by 0/lo I? k~

and a
copy was give to that p on. I a1so m 'led a copy of the notice to the tenant a~ented property address of
'P--. :5
#1&
on ~ (Pi .toe:? .
"f=n".
~
Subscri. be<~~.Swom before me this -,lcc7c..tt__
<

",-,t,

~yof-J~~~~~~v~---,

Wh~

Signa:J=

Made Service

~
Notary Public!Deputy Clerk

Witness Statement: I observed the attempt at personal service.

fUC 101

~gna~ ofrl~

IN THE JUSTICE COURT OF RENO TOWNSHIP, IN AND FOR THE

COUNTY OF wAsIit>tl~u OF NEVADA

06 APR 17 PH 3: 49

2
3

Landiord's/Compl x "N;-am-e---r.-A~t II'" CUhFO

/t}j5

q;,~.IH(
j
.JJ 113

()

4
5

I.

Lan

REilOJusTlcfr6BHR'{

/Q BY-

1~
~eVn~Sanetddr~
~

Nt! ~(J(J6

_()p{f'1d9

9F

&/or any other

tenants.

1.1

\@ ~--,
"'bEI'lIT:jl1mt*No.

8
9
10

AFFIDAVIT OF LANDLORD

STATE OF NEVADA
COUNTY OF WASHOE

II

The undersigned petitioner, being first duly sworn, deposes and says:

12

1. That your affiant is the landlord of certain dwellings or apartments within the
jurisdictional confines of Reno Township. Washoe County, Nevada.

13

2. That your affiant rented a certain dwelling or aparon~~en~to~~~~ I'"",""L~'':}C-=

ffJ

. located at ..j..
on II _ 2- Q if
' with P odic rental payments
reserved by the month or for a shorter period of time.

14

15
16
17

18
19

,n

,.,.

(a)

Cleaning or rent~posit paid in advance in excess of the first month's rent

(b)

in the sumof$
~i
Date rental payment delinquent ""

eo

7
~73Y
:s

~~l \)';,~~~e~;;:e lJi~/~!:~ng rent

(e)

Amount of rent due $

~ ~

5'

'1',_ c2 _

3. That the periodic rental payments have not been waived or altered.-'by a written
atrreement of any kinrl

L~ L

IN THE JUSTICE COURT OF RENO TOWNSHIP, IN AND FOR THE

COUNTY OF WASIititl.E-U OF NEVADA

06 APR 17 PH

tN"'R"E"jl o. CUnFOiHl. CLERK

IC1 JUSTICE COURT

Landlord's1ComplXName

3
4

5
6

jQj5

\Y.Phn->'
~" 1)3
-fQ

IJ Landlord's Address

~- <-1JtM'\'1H,ti...No.
1'''' "'-- , -;r-V "<1706
&Jor any other

tenants.

/'?;,f. -' ~ ~ v'

, If} '3J-

"
-1J.JiJ-a
/177

-:::n:=

vSc
1 ~JE~
Te~ant

3:~9

n5ri3

Unil No.

8
AnnDATITOFLANDLORD

to

STATEOFNEYADA
COUNTY OF WASHOE

The undersigned petitioner, being first duly sworn, deposes and says:

12

1. That your affiant is the landlord of certain dwellings or apartments within the
jurisdictional confines of Reno Township, Washoe County, Nevada.
/IJ

\3

2. That your affiant rented a certain dwelling or apartrt~

.m~e~n~~~~!{~~L.
:j'lI~
_ _~_~_~~~_ _ _ _ ' located at-/.
on 11-- Z0
with
odic rental payments
reserved by the month or for a shorter period of time.

-r

15
16

(a)

17

(b)
I;'

18

19
20
21

..

22
23
24

-"'"

25
26
27

~-

SS.

II

14

} '

(c)
(d)
(e)

Cleaning or rental.d,eposiL paid in advance in excess of the first month's rent

inthesumof$
~-':>"Cl'
~ ~~ ~
Dale
renlal payment
delinquent
Length of time :wi~:utpayjng rent ~LA};~~73C\1f.l
Date rent due "1-Amount of renl due $ Jf!T
7'L' 0

t;: '

L-..J242

::s

__ ___

3. That the periodic rental payments have not been waived or altered....by a written
agreemenl of any kind.
4. That the above named tenant is in arrears on rent and that notice has been served on
the tenant in accordance with the provisions of Nevada Revised Statutes, Chapter
40, as amended, a copy of which said Notice of Eviction is attached hereto and is
incorporated herein .
5. That more than five judicial days have elapsed since the service of the Notice of
Eviction as aforesaid, namely; P in!erSOn on
, OR
/0'Mailing on
{p -- C2(I2 ,AND [;1 Posting on D()o r Lj_ ~ -of,
but the above named tenant has refused, and still refuses to vacate and quit the
above mentioned premises.

'i--

d any written

2,

6. That your affiant is not in default of any condition or lenn contaIne

rental agreement with the tenant.

29

urt directed to the Sheriff of

WIlE REFORE, your affiant prays for an order 0 f!hi 5 C0
,
e above mentioned

30

Washoe County or his agent, ordering the above named tenant from th
premises, as provided for in Nevada Revised Statutes,
40.

JO

lh;ler A ~ 0 I

STATE OF NEVADA

DEPARTMENT OF MOTOR VEHICLES

CENTRAL SERVICES - RECORDS DIVISION

555 Wright Way
Carson City, Nevada 89711-0250
(775) 684-4590

REQUEST DATE

10/09/2006

32272206

SUP.TRAN.ID

THE STATE BAR OF CALIFORNIA

180 HOWARD ST
SAN FRANCISCO CA 94105
DRIVERS LICENSE DATA
TEN YEAR

RECORD

- LICENSE INFORMATION

DLN
:3200175008
ORIG.ISU.DT :NOT AVL
MEDICAL EXP :NOT AVL

II

STATE OF REC:NEVADA
LAST.TRN.DT :08/16/2006

10 CARD DETAILS

NO ID CARD HAS BEEN ISSUED

III NAME

I
I

INDIVIDUAL DETAILS
ZACHARY BARKER COUGHLIN

DOB

09/27/1976

MAIL ADDRESS
CITY/STATE

945 W 12TH ST
RENO NV 89503
945 W 12TH ST
RENO NV 89503

PHYS ADDRESS

CITY/STATE
DESCRIPTION

SEX:MALE
IV

EYES:GREEN

HEIGHT:6'04 WEIGHT: 210 HAIR:BROWN

- LICENSE DETAILS

TYPE CLASS STATUS

PERMIT

RESTRICTNS ENDORSMNTS EXP.DATE

NCDL C

NORMAL

VALID

09/27/2

*******************************************************************************
v
- CONVICTION LISTING
CONVICTION DATA IS INCLUSIVE OF TEN YEAR RECORD ONLY
CITE. DATE

CONV.DATE

8T

COURT

VIOL
CODE

11/30/2002

01/09/2003
01/20/2005

NV
NV

116
247

431
100

11/13/2004

OFF

CMV

TYPE

OFF

HAZ
MAT

CITATION
NUMBER

N
N

N
N

Rl15317
0000982687

871
851

00
TOTAL ACTIVE POINTS:
t*****************************************************************************
PAGE NO:
1 Continued ..

UDOI

.---

.JUSTICE

VI - WITHDRAWAL LISTING
NEVADA DRIVERS LICENSE SYSTEM

CIII_..

WITHDRAWAL DETAILS

NAME
ZACHARy BARKER COUGHLIN

FILE.NBR

- - - - - - -_ _

RSN

BEGIN.DATE

END . DATE

D08

DLN

09/27/1976

3200175008

REINST.DT

STA

EXT

ST

CITN.NUM

FTA

BLK

01/20/2000

02/24/2000

CLE

NV

l02053878A

PTA

BLK

06/27/2001

05/31/2001

CLE

NV

1024970858

PTA

BLK

06/27/2001

05/31/2001

CLE

NV

l02497085A

******************************************************wW*_W_****_.Wk __ *_**_* ___ _

PAGE NO:

2** LAST PAGE

I
I
I
I

u002

**

-- N;;~DA

STATE":

001264700853

STATE OF NEVADA
DEPARTMENT OF MOTOR VEHICLES AND PUBLIC SAFETY
DRIVERS LICENSE DIVISION

WITHDRAWAL OFFICE COPY

NAME:

COUGHLIN, ZA'CBARY BARKER

SYSTEM DATE:
SYSTEr., TIME:

EMPLOYEE 10:
TRAN 10;

2001-05-22
08.09.55

DLN:

3200175008

DOB:

1976-09-27

1594
11828991

MAY 24, 2001

WITHDRAWAL TYPE:

I
I

I
I
I
I
I

FTA 102497085B NRS:

483.465

DEAR ZACHARY COUCHLIN,

WE HAVE BEEN NOTIFIED THAT YOU FAILED TO APPEAR IN

LAS VEGAS JUSTICE COURT

FOR A TRAFFIC CITATION.

AS A RESULT, YOUR DRIVING PRIVILEGE WILL BE SUSPENDED

ON 06-27-2001.

YOU CAN PREVENT THIS SUSPENSION IF YOU PAY THE COURT FlNE AND
OBTAIN A CLEARANCE FROM THE COURT BEFORE 06-27-2001. YOU CAN CONTACT

THE COURT AT 702-455-5944. YOUR CITATION NUMBER IS

1024970858.

IF A CLEARANCE IS NOT RECEIVED FROM THE COURT BEFORE 06-27-2001, YOU

WILL NEED TO PAY THE FINE AND REINSTATE YOUR LICENSE BEFORE
YOU MAY LEGALLY DRIVE.
PLEASE READ THE REVERSE SIDE OF THIS FORM FOR MORE INFORMATION.
YOU MAY REQUEST A HEARING BEFORE 06-27-2001.
IF YOU RAVE ADDITIONAL QUESTIONS AFTER YOU CONTACT THE COURT,
YOU MAY CALL ME AT (775)684-4877.

DEBBIE DANNER

DRIVERS LICENSE DIVISION

ZACHARY COUGHLIN
4487 LOS REYES
LAS VEGAS NV
89121

.0
11 003

JUSTIce COUlT. LAS YEGAS TOW"$~IP

STATE: NEVADA

CLARK 'nUN'TV

200 SOUTH THIRD STREET

LAS VEGAS, NEVADA 89155
(02) ~55-H35

~TltE OF FAILUle TO APPEAl

."IOlloo I
COURT 128

(COUGHLIN. lAUl

('tlt-"OO S JONES 1080

(LAS V EG4S
,~v 89103

)
)

LICENSE #:

eAIL .un :
:

Sf: Ij-Y

SStt;: 2958&1t380

oms:

09/2111976 SEX:

OATE OF VIOLATION: 03/z0lZ001

115.00
ft.85187

AOOIJIO~4L

FEES OR LATE PENALTIES:

IOO.OIl

INSURANce REQUIRED

all_SIflE~~aB&l'

COURT

__________________ _

4D~lNtSTR4TDR

--

uOOlt

UNtreo STATeS PO"STA:lSERVlCE, -I,';;S -'"

......... ,

~
~

,,

, ,.,

.,.

:'" -.t.

~-~",;

_G-l1!'- - -

- ---~

RETURN
TO
STATE OF NEVADA
CENTRAL SERVICES SECTION
555WRIGHrST
CARSON CITY NV89711-0425

.--

'1"I,I,II1I".I",II" ll11"~,.I"IHI.I,I,I,.I,I"I,I,,,II,1

, [) 05

~'*M1.2.-&nd3. AISo~

""~IC'It:d~is~,
Ih&nwerw

""'"

maI'ipieee,

CnUGHlTH 1

CJ A:oenl

0_

ZACHARY 6AR~ER

3200175009
FTA 1024970858

7.03 .961 2230 0119 7403

PS Fotm 3811. JULy 1999

--....

1006

001164700851

r.,. .

DEPARTMENT

STATE OF NEVADA

OF MOTOR VEHICLES AND PUBLIC

DRIVERS LICENSE DIVISION

SAFE1"

WITHDRAWAL OFFICE COPY

NAME,

COUGBLIN, ZACR~Y BARKER

SYSTEM DATE:
SYSTEM TIME:
EMPLOYEE 10:
TRM lD,

2001-05_22
08.09.35

DLN:

3200175008

DOS:

1976-09-27

1594

11828991

MAY 24, 2001

WITHDRAWAL TYPE:

FTA 102497085A NRS:

483.46 5

DEAR ZACHARY COUGHLIN,

WE HAVE BEEN NOTIFIED THAT YOU FAILED TO APPEAR IN

LAS VEGAS JUSTICE COURT
FOR A TRAFFIC CITATION.
AS A RESULT, YOUR DRIVING PRIVILEGE WILL BE SUSPEIIDED

""'

ON 06-27-2001.

YOU CAN PREVENT THIS SUSPENSION IF YOU PAY THE COURT FtNE AND
OBTAIN A CLEARANCE FROM THE COURT BEFORE 06-27-2001. YOU CAN CONTACT
THE COURT AT 702-455-5944. YOUR CITATION NUMBER IS 102497085A.
IF A CLEARANCE IS NOT RECEIVED FROM THE COURT BEFORE 06-27-2001, YOU
WILL NEED TO PAY THE FINE AND REINSTATE YOUR LICENSE BEFORE
YOU MAY LEGALLY DRIVE .

PLEASE READ THE REVERSE SIDE OF THIS FORM FOR MORE INFORMATION .
YOU MAY REQUEST A BEARING BEFORE 06-27-2001.
IF yOU HAVE ADDITIONAL QUESTIONS AFTER YOU CONTACT THE COURT.
YOU MAY CALL ME AT (775)684-4877.

DEBBIE DANNER
DRIVERS LICENSE DIVISION

ZACHARY COUGHLIN
4487 LOS REYES
LAS VEGAS NV 89121

li 0 0 7

frIIE'''1:04

JUSTICE COUAr_ LA$ VEGAS TOWNSHIP

STATE:

NEVADA

CLARK COUNTY

ZOO SOUTH THIRD STREET

LAS VEGAS, NEVADA 891,S
(702) "'5S-~,It3'

"OlICE OF FAtLwa TO A'PEAA

O"U/ZOOI
COURT 128

(COUGHLIN, l.\Ul

(~~oo s JONes Z080

(u.s YEGAS

,Ny

)
89103

Lrc.Ek$E . :

Sf: NV

ss.:

Z9S86~380

BOD: 09/Z111976 SE.I(: "

DATE OF VIOLATION: 03/l0/2001

B-Atl ANT :
ClilRGE

ADonION"!.. FEES 00. lAre PENAL TlES-l

: 48Z5<4S1

100.00

EXPIRED LICENSE PLATE

II

d008

- -

[--

003318700571

~-

STATE OF NEVADA

DEPARTMENT OF MOTOR VEHICLES AND PUBLIC SAFETY

DRIVERS LICENSE DIVISION

OFFICE COPY

NAME:

COUGHLIN, ZACHARY BARKER

Sy STEM DATE:

2000-02-24

SYSTEM TIME:

14.18.19

EMPLOYEE ID:

1594

TRAN 10:

4474780

DLN:

3200175008

DaB:

1976-09-27

February 29, 2000.

WITHDRAWAL TYPE: FTA(R)1020S3878A

DEAR ZACHARY COUGHLIN,

THE SUSPENSION OF YOUR NEVADA DRIVING PRIVILEGE FOR NOT

APPEARING IN COURT BAS BEEN RESCINDED AND IS NO LONGER

IN EFFECT.

IF YOUR DRIVER LICENSE IS NOT IN YOUR POSSESSION, PLEASE CONTACT

YOUR NEAREST DRIVER LICENSE OFFICE FOR INFORMATION AND

ASSISTANCE.
IF YOU HAVE ANY QUESTIONS, PLEASE CALL ME AT (775)684-4877.

DEBBIE DANNER
LICENSE REV!EW SECTION
ZACHARY COUGHLIN
4487 LOS REYES
LAS VEGAS NV 89121

1009

- .." "'J:" ...... ..

","" U

JUSTICE COURT, LAS VEGAS TOWNSHIP

lRAFRCDll/fSION

CLARK COUNTYCO/JlmfOVSE
ZOO SOlJ7ll: 'l7Ill!J) In'.B.EEr
LAS VEGAS, NElfADA-Ufss,2511
PHONE (71IZ)._
FAX(71I2)~

FOL.LCI'MNO'naSCCVER:5H1Er, WEARETRAN8.I8mNG,_ _ _ PAGElS)

TO THE ATtEHTION OFC-....;:tI<IVn!&=="';:>.CENSE:;::,;::;:.,:.:Oros=,:.:",,,-_ _

.....'''''"''m'''''..

ANY"

DATf:'_~_ __

FAX HUMBER:
CO~.~'

6e~\;&. S\.",mc

______~____~~~_______

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.
.

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.

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0010

.---~-----------~--.

STATE

OF

-,=

NEVR~~129302988

DEPARTMENT OF MOTOR VEHICLES AND PUBLIC SAFETY

DRIVERS LICENSE DIVISION
OFFICE COPY

NAME:

COUGHLIN, ZACHARY BARKER

SYSTEM DATE:
SYSTEM TIME;
EMPLOYEE 10:
TRAN 10:

1999 - 12 - 15
08.29.29
1997
3486061

DLN:

3200175008

DOB:

09 - 27 - 1976

12 - 17 - 1999

WITHDRAWAL TYPE

FTA

102053878 NRS:

483.465

DEAR ZACHARY COUGHLIN,

\olE HAVE BEEN NOTIFIED THAT YOU FAILED TO APPEAR IN

LAS VEGAS JUSTICE COURT

FOR A TRAFFIC CITATION.

BECAUSE OF THIS, YOUR DRIVER LICENSE WILL BE SUSPENDED

ON 01-20-2000.
HOWEVER. YOU CP~ PREVENT THIS SUSPENSION IF YOU PAY
THE FINE AND GET A CLEARANCE FROM THE COURT BEfORE
01-20-2000. PLEASE CONTACT THE COURT AT 702 - 455 - 5944.
YOUR CITATION NUMBER IS 1020538781\.
IF \iE DO NOT RECEIVE A CLEARANCE NOTICE FROM THE COURT

BEFORE 01-20-2000, yeu WILL NEED TO REINSTATE YOUR

DRIVER LICENSE, IN ADDITION TO PAYING THE FINE, BEFORE
YOU CAN LEGALLY DRIVE.
PLEASE READ THE REVERSE SIDE OF THIS MAILER FOR MORE
INFORMATION. HEARINGS CAN BE REQUESTED BEFORE
01- 20- 2000.

AFTER YOU HAVE CONTACTED TBE COURT AT THE NUMBER ABOVE,

YOU MAY CALL ME AT {77S)684-4877 IF YOU HAVE ANY
QUESTIONS

DEBBIE DANNER
LICENSE REVIEW SECTION
ZACHARY BARKER COUGHLIN

1044 WEST 1ST STREET

RENO NV 89509

001 I

STAT E: :-.l EVAOA

NEVA.OA

JUSTICE COURT t

VE~~I~

C.L4R.K COUNTY
SuUT;-\ THIRD STREET

ZOO

LAS

LAS

VE~AS,

(70l)

NEvADA

d~155

~55-H35

NOTICE OF FAILURE TO APPEAR

1l/OZ/199Q
COuRT 128
(CQUbHL t Nt

lA(HARY

(4487 lOS REVES

(LAS VEGA:i
,NV
LICEr.tSE

__

BARIU:K
t19121

CHARGE

3ZQ01750tJ6
DArE JF vIOLATION :

({TATIOND: 1-0205367dA
SAIL AMT

AOOITIONAL FEES OR LATE PENALTIES:

9'5.00

4825451

10/09/1999

100.00

EXPIRED LICENSE PLATE

"t._Slf~E_~QBBI' ------------ - ------

ADH1NISTRATOR

c.uUkT

uOl2
v

003025 702886
STATE OF NEVADA

DEPARTMENT O~ MOTOR VEHICLES

MOTOR VEHICLE BRANCH
CONVICTION COVER SHEET

NAME:

CITE DATE:
CONV DATE:

COURT:

VIOLATION,

OFF TYPE:
CMV OFF:
RAZ MAT,

CITE NBR:
STATE:

SYSTEM DATE:

SYSTEM TIME,
EMPLOYEE ID:
TRAN' In:

COUGHLIN, ZACHARY BARKER

2002-11-30
01-09-2003

116
431
S71
NO
NO

DLN:

3200175008

DOS ,

09-27-1976

R11S317
NV
01-16-2003
20.14.18
2845
22267216

0013

-=r

a
'::::J

DRIVERS LICENSE DIVISION

REPORT OF CONVtCTION FOR VIOLATION OF MOTOR VEHICLE LAWS

CASE #: _________ 02_03181

NAME;---------------COUGHLIN,ZACHARY BARNER
TICKET #: _______ NHP Rl15317
ADDRESS:------------1228 1/2 S. CASINO CNTR
LAS VEGAS
NV 89104-0000

SOCIAL SECURITY NO:D.L. NO:- 3200175008

ST, NV

VEHICLE LICENSE NO: 838NER

ST: NV

DATE OF BIRTH:------ 9/27/76

DATE OF OFFENSE:----ll/30j02
DATE OF HEARING:---- 1/09/03
DISP

FORFEIT

SPEED/LIMIT CODE

NATURE OF OFFENSE
BASIC SPEED RULE

FINE/FORFEIT:
SUSPENDED:

75.00

"\A:

60735

50.00

JAIL SENTENCE:

OTHER ORDERS/REMARKS:
IF REVOCATION IS MANDATORY, WHAT DISPOSITION WAS MADE OF LICENSE?

JUSTICE COURT: Churchill Justice Court

DISTRICT OR TOWNSHIP: New River Township
SUBMITTED BY:-------

(116)

1/09/03

431

. . . . . . . . . . . . . . . . . . . . .,

'y

DPCl.MA1IOII OF_D.

I.D.I:

..,.,

(~s5$ll

'.

0001

/I

THE STATE BAR

OF CALlFORNIA

OFFICE OF THE CIIiEF TRIAL COUNSEL

ENFORCEMENT

180 HOWAR!) S rREt:: r SAN FRANCISCO, CAl.1FOK'N)A 94105.16)9

September 26, 2006

lEI.EPHO;>jE
10D
fAX

i~ IS}

518-2000

\~lS)S3&22l1

l~15J:'il82220

; . f 35f/f
yOVP'

Las Vegas Police Dept.

Records Section
3141 Sunrise Ave.
Las Vegas, CA 89101
RE:

Zachary 8. Coughlin
DOB: 9127176
Date oflncident: October 2001

Dear Sir or Madam:

Enclosed is an authorization and release signed by Zachary S. Coughlin pennitting the State Bar to
receive information and documents relating to his arrest in Las Vegas in October 2001.
I understand Mr. Coughlin was arrested in Las Vegas for evading police, resisting arrest, and
obstructing police. I further understand the matter was ultimately dismissed on January 17,2002.
Would you please provide me with a certified copy of the arrest/incident report relating to Mr.
Coughlin. Our check in the amount of $5.00 is enclosed.

Ifyau have any questions, please contact me at 415/5382540.

Tha..I1k you in advance.

Sincerely,

"L~ t,l~ ~lL ~dDDJ \{1

Lynne Thing\'old
Legal Assistant to
Susan Kagan
Deputy Trial Counsel
It

.nc

1002

JUSTICE CO~E ~DVEGAS TOWNSHIP

2
3

CLARK COUNTY. NEVADA

THE STATE OF NEVADA,

Plaintiff

5
6

1001 NOV -I ' A q, Ob

.aJ$T:CE cau T

:,,~

-vs-

YLG,\S. liE ADA

c,_

,.._FJ1Y

ZACHARY COUGHLIN #1693548 ,

Defendant.

CASE NO.

0 I M23327X

DEPT. NO.
CRIMINAL COMPLAINT

(.;1,

The Defendant above named having committed the crime of OBSTRUCTING A PUBLIC

10

OFFICER (Misdemeanor - NRS 197.190), in the manner following, to-wit: That the said

II

Defendant,

12

of Nevada, did then and there wilfully and unlawfully hinder, delay and obstruct Officer W.

13

CHO, Las Vegas Metropolitan Police Department, in the discharge of his official powers or

14

duties, fleeing from said Officer.

On

or about the 14th day of October, 2001, at and within the County of Clark, State

IS

All of which is contrary to the Conn, force and effect of Statutes in such cases made and

16

provided and against the peace and dignity of the State of Nevada. Said Complainant makes this

17

declaration subject to the penalty of perjury.

;(~c:d12

18
19

1111/01

20
21

22
23
24

25
26

1
OlM23327X!kb

27 LVMPD EV#0110142390
OBSTPO - M

28 (TKl)

P ,I WPDOCS\COMPLT\MCOMP\1233270tWPD

l) 0 0 2

'1'

CBllfID CGf'Y

Ll003

lJustlce Q1ourt. 1.Gas llJ.egns wownsQip

r-

COUGHLIN, ZACHARY

VS.

DATE, JUDGE
OFRCERS OF
COURT PRESENT

APPEARA.NCES

XTOBER 15, 2001

O/R RELEASE

CONTINUED TO:

11/14/01 8,00 11

T/A

1/17/02 1,30 il

INITIAL ARRAIGNMENT

JOVEMBER 14, 2001

l. LIPPIS
~BN, DA
<NESS. CR
I-

DEFENDANl' PRESENT IN COORT

DEFENDANT ADVISED OF CHARGES/WAIVES READING OF OOMPLAINT
PLEA OF Nor GUILTY I SET FOR TRIAL

"

. cINTOLA,

HEARlNG

OUMINAL o::JIIPLAINT FILID

OBSTRUCTING A PUBLIC OFFICER

-DVEMBER 1, 2001

CASE NOO1M23327X

,.~

eLK

O/R CONTINUES
TIME SET FOR CRIMINAL TRIAL

Il'IDARY 17, 2002

LIPPIS

DEFENDANT PRESENT IN COURT

PER NEGOTIATIONS, COMPLAINT DISMISSED BY COURT

MCIXlNALD I DA

pm NRS 179.255, oEFNDANT PROVIDED WITH lUl'ICE RR[.ATING

HARNESS, CR

TO SEALING OF REXXJIDS

WILLEY, eLK

~()bl. ~.

<XXJRT

~W

CL IS ~ ~~ ...
...

... L.,.

-N

TJVU

-_.

l) 0 0 4

I
I

CERTIFIED COPY
The document to which this eerlJflcafl Is
attac/)ad Is a full, trufland COOBcI copy of the
orlglNi on nit and of record In JusUce Crut
of Las Voga, T_hlp, In and for lile COUI(
of Clark, State'or Nevada~ ~

liDOS

~rJi!rg- ~

--

THE STATE BAR

OF CALIFORNIA

OFFICE OF THE CHIEF TRIAL COUNSEL

ENFORCEMENT

180 HOWARD STREET, SAN FRANCISCO, CALIFORNIA 94105.1639

TELEPHONE. (415) 538.2000

TDO (41~) 538.2231

FAX (415)$)8.2220

September 26. 2006

Las Vegas Justice Coun

Criminal CUstomer Service Div.

PO Box 552511
Las Vegas, NV 89115

RE:

People v. Zachary B. Coughlin

Court case no. 0 IM23327X

Dear Sir or Madam:

Enclosed is OUT check in the amount of $1 O. I wish to order a certified copy of the entire file
referenced above. Jam enclosing a prepaid self-addressed envelope for your convenience.
Thank you in advance.
Sincerely.

Lynne ThingvoJd
Legal Assistant to

Susan Kagan
Deputy Trial Counsel
~t

ene.

RECEIVEO

StP Z92006
Jus nCEA~~~1ENi
REGOROS M

u006

JI""ticc <!loud, !lias Uegus @oums"ip

COURT 128
OFFICIAL RECEIPT
DATE RECEIVED

CITATION NUMBER

CASE NUMBER

01M23327X

10/02/20106
RECEIVED FROM

'l'HE STA'I'E BAR Of CALIFORNIA

ADDRESS
180 HOWARD S'l'R8E'J'

"eE!t'8tmru:'fIS~

SAN FRANC1SC

CA

7. ACHAR Y

AMOUNT PAID -

10.00

CHK

FUND 610 - CIVIL FEES

REFUND OF 53.40 '1'0 S'I'A'l' BAR OF CALIF

VIOLATION

RECEIPT NUMBER

!i:l~622552

T 9622552

THIS TRANSACTION SUBJECT

TO FINAL AUDIT
BY OEPUTY CLERK _ __

Justice Court, Las Vegas Township

Clark County Courthouse
200 Lewis Ave., 2"" Floor- POBox 552511. Las Vegas, NV 891 55-2511
(702) 671-3116 - Fax (702) 671-3183

www.co.clark.nv.us/justicecourtlv/welcome.htm

To: The State Bar Of California

180 Howard Street
San Francisco, CA 94105
Case #: 0lm23327x
Defendant(s): Zachary B. Coughlin

Date: 10/02/06

THE CHECKED BOXES BELOW INDICATE THE COURT'S RESPONSE TO YOUR INQUIRY.

[]

No records found with this court.

[]

Closed criminal cases can be researched for only 10 years prior.

[ ]

No records in our jurisdiction. Please contact the outlying court office.

[J

No criminal complaint has been filed in this court.

[J

Referenced case(s): was/were bound over to the Eighth Judicial District Court, Case
No.(s)(Fax: 702-671-4548)

To comply with your request the following fee or additional information is required:
[]
[]
[]

Copy of any record, proceeding, or paper, $.30 for each page.

Certification of Clerk, $3.00, plus $.30 for each copy.
Searching records of files, $1.00 each year, per name.
Social S~curity Number: _ _ _ _ _ _ _ _ _ _ _ _ _ __
Date of Arrest: _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __

[J
[J

[XX) The following document(s) are enclosed: A certified criminal complain and a
certified minute report
I'm also sending a refund to you for $3.40 separately.

-..

IXXI Otber
J

BY:&j'a.~2
L Laudensack, Deputy Clerk
WORD\FRMCORRresponse

.......

II

uOOI

JUSTICE CO~l~E>VEGAS TOWNSHIP

CLARK COUNTY, NEVADA

2
THE STATE OF NEVADA ,

1001 MOl - I I A

0;

Ob

Plaintiff,

4
-vs-

CASE NO.
["

- ..=,,+-" ..FJ1Y

ZACHARY COUGHLIN #1693548 ,

Defendant.

0lM23327X

DEPT NO.

CRiMINAL COMPLAINT

8
The Defendant above named having committed the crime of OBSTRUCTING A PUBLIC

OFFICER (Misdemeanor _ NRS 197.190), in the manner following, lo-wit: That the said
10

Defendant, on or about the 14th day of October, 2001, at and within the County of Clark, State
II

of Nevada, did then and there wilfully and unlawfully hinder, delay and obstruct Officer W.
12

CHO, Las Vegas Metropolitan police Department, in the discharge of his official powers or

13
14
C!

15

duties, fleeing from said Officer.

All of which is contrary to the form, force and effect of Statutes in such cases made and
provided and against the peace and dignity ofthe State of Nevada. Said Complainant makes this

16
17

declaration subject to the penalty of perjury.

18
19
20
21
22
23
24
25

26
01M23327X1kb
27 LVMPD EV#Oll 0142390
I OBSTPO- M
28 (TK1)
p"' WPOOCS\cOMPL1\MCOMP\ 12)3270 1WPD

0002
""'uLt

CERTIFIED GOey

Tho doc:oJmonl 10 which this "nilleal. Is

IIIIcIIId b I full, !rue and CO"'" copy of lhe

orl_ on file 8O(f of RCOrd In JlIslfce Conti

of III \'egos T....hlp, In IIId for lhe Co

of Clift, Stab!' of NOVOda,

"'
,

:(fJf(qfgfftJffk.~

~usti(e
S~VS.

--

muuri, 1.Gas ]Jegu.s wuwu.sltip

COUGHLIN, ZACHARY

CASE NO.

DATE, JUDGE
OFFICERS OF
COURT PRESENT

"reo

O/R RELEASE

:x:TOBER 15, 2001

) TOo

11/14/01 8,00 11
T/A

ClUM1NALCiiiPi

JOVEMBER 1, 2001

OlM23327X

FILED

0BS'lRlX!TING A PlJBLIC QFFlcm

1/17/02 1,30 U
JOVEMBER 14, 2001
1. LIPPIS
'~fiN,

i.

DA

f'NESS, CR
I.
:. CINTOLA, CLK

.NUARY 17 I 2002

:.IPPIS
MCDONALD I DA
HARNESS, CR

WILLEY, eLK

INITIAL ARRAIGNMENT

DEFENDANT PRESENT IN COURT

DEFENDANT ADVISED OF CHARGES/WAIVES READING OF OOMPLAINl'

PLEA OF NOT GUILTY I SET FOR TRIAL

aIR

TIME SET 80R CRIMINAL TRIAL

DEFENDANT PRESENT IN COURT
PER NEOOTIATIONS, CCMPLAINT DISMISSED BY COURT
PER NRS 179.255, DEmDANT PROVIDED wrm NOTICE RELATING
TO SE'ALlNG OF REXXlWS IN <XlJRT

j llilhl.,

:.

Ck. ISE

.-

.J

(C""",

P~

~W

f r;; u

2:X.

--

ee!

,-~

OONTlNUES

T/VU

,
llO04

......

" ,...,'

,"'",20

CERTIFIED COPY
Tile document to whlBh thl, eertillcat. Is
attached Is afull, true and correct copy of the
Mlgll'II] on nit and 01 record In Jusllce CoLwt
01 w Vegas Town'hiII, In and lor 1110 COUII\ J '/l,
01 CIIIft, Slale 01 ~~'

, [) 0 5

~tl~~r.

'"

......,. ,\ r'll!

1 NTEfiGROU r

77':1 J!:lil l::'oU;

\

THE STATE BAR

OF CALIFORNIA
I -

-"".
\;\/".

, .

,; :~:,..o

OFFICE OF THE CHIEF TRlAL COUNSEL

ENFORCEMENT

1&0 HOWARD STREET. SAN FRANCISCO, CALIFORNIA 9410'-1639

TELEPHONE, (41~) 5J&2ooo

TOD (41S)538-2231
FAX (415) j382220

September 26, 2006

Las Vegas Justice Court

Criminal Custor.-ter Service Div.
PO Box 552511
Las Vegas, NV 89115

RE:

People v. Zachary B. Coughlin

Court case no. OlM23327X

Dear Sir or Madam:

Enclosed is our check in the amount of $1 O. I wish to order a certified copy of the entire file
referenced above. I am enclosing a prepaid self-addressed envelope for your convenience.
Thank ),ou in advance.

Sincerely.

L)nne Thingvol d
Legal Assistant to
Susan Kagan
Deputy Trial Counsel

Ilt
ene.

RC\\IEO
St~ 2. 91006
JUS"IICe ~0~1,,"'i

\\<(;0\\05 \~~

u006

"

illustire (!tour!, llias 1'I!l1Ul UJownsl)ip

COURT 128
OFFICIAL RECEIPT
DATE RECEIVED

C.l.SE NUMBER

CITATION NUMBER

01M23327X

10(02/:l006
RECEIVED FROM

THE S1'A'l'E BAR OJ:<' CALIFORNIA

ADDRESS

H:l0 HOWARD S'L'RE:E'l'

SAN f'RANClSC

CA

"'!(!t'ltl'<mt1'l1~ 7. ACHAR Y
OPER .?p~~ NUMBER

AMOUNT PAID -

10.00

CHK

FUND 6'10 - CIVIL FEES

REr'UNO OF $3.40 'fO S'rA'l'E ElA~ OF CALIF

VIOLATION

RECEIPT NUMBER

0~622!l52

T 9622552

THIS TRANSACTION SUBJECT

TO FINAL AUDIT.
BY DEPUTY CLERK _ __

775 355 '15M;

\

r\

\.~\\ \J'I.\

i .-V- .

'j

(" ,......

Superior Court of California

County of Sacramento

t'

720 Ninth Street

Sacramento CA 95814

This letter is confinnation that the annexed instturnent (inclusive) is a

correct copy of the original on file in the Sacramento Superior Court file.
Sacramento Superior Court in and for the County of Sacramento, State of

California.

CASE NAME

ZachaC)' CoughU"

CASENUMBER~03L~~O~O~9~3~7__________________________

ATTEST CERTIFIED DATE~9!'LV~'29';!J.Y;:J!()~6_______________________

BY.____

~~~~__~~~=-,,----------------DEPUTYCLERK

TOTAL NUMBER OF PAGES, __' -'2=---___

\
720 NInth S!~.t. Crimil\lVCj~jl RcC(l'ds. SlcramonlO, CA 9S814
TELEPHONE (9]6) 874-5664 FAX (916)874.5721

CR.282 (revised 09125103)

- -~-----=:::::;;;;;;;

0001

JUN-9O::

775 355 1560'

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1044 IN. 1st St, Reno, 89509

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Hours Mstgned

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VC 23103

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03/11/2003

AlC Oholics AnonymoUS of Nevada

TIMESHEET

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IASS[GI"ME'NrT~NAT~- REASO~_ '- & ,\\--(1(: ~j v~

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-~UGHLIN

(...1tl

SUPERIOR euURT OF CALIFORNIA, COUNTY OF SACRAMENTO

MINUTE ORDER - PLEA
03T00937 MUNI
1 3914133
ZACHARY BARKER
DEPT:

JUDGE:

DATE:

RIGHTS:
ADV

WVD

ADVISED

COUNSEL, retained or appointed

PRELIMINARY HEARING
JURY TRIAL, speedy and public
CONFRONTATION, of witness
SELF INCRIMINATION, remain silent

possible maximum sentence

possibility of 1203.03 PC

rights re~arding
citizensh~p

parole rights
option of changing plea
in re : West
consequences of plea

Video ma~s advisement transcript on request

Electron~c Recording Monitor

Tape Number

Court Reporter (transcr~\'t on request)

The written Waiver and P ea form filed

here~n

LS

ordered Lncorporated

in the record
Defendant advised of above
found defendant understood
1ntelligently, voluntarily
in~. ials above. Defendant

rights, penalties and consequences of ~lea.

Court
same.
Court found that defendant know~ngly,
and expressly waived the rights as indicated by
entered a plea of:

GUILTY
NOLO CONTENDERE (acknowledged it is same as guilty)
NGRI
t

::. 'J

(PC 1026)

he charges of:

3.]..'= .

:c:.lrt dismissed:

Insufficient Evidence
In VieW ofof Plea
________________________________________________________
Interest
Justice
Proof Shown
Harvey waiver
:".rt found that the above plea(s) was voluntary and there was a factual basis
or same.

..

1420/CR61C - PAGE 02

"

SUPERIOR C

. ,

T OF CALIFORNIA, COUNTY OF SACtliENTO

MINUTE ORDER - HEADER/PROCEEDINGS

DEF
1

DEFENDANT NAME
COUGHLIN ZACHARY BARKER

XREF
3914133

CASE
03T009 37 MUNI

DATE FILED: 02/11/ 2003

CUSTODY STATUS: 8536

DOB:

ARREST ij: 06120891- 01

09/27/1976

LEA: CHP - SACRAMENTO NORTH

BAIL SET:
$1,054.00
BAIL POSTED:

BOND iI:
DEFENSE:

PROSECUTOR:

TYPE,

SECTIONtS) VIOLATED:
01/23/2003

leT 1)

VC

23152 (Al

00 NOT FILE ANY DOCUMENTS EXCEPT OUTSTANDING WARRANTS ON TOP OF THIS

UOl. 5

couNtY

o '"uS!
Co/)

"same;'

fEE

0 "'"

h/;n
21M fA

ACM-1(REV.12/93)

""

...............------

I~J"
. -~~-HIGH WAY PATQnl

~T

~SACRAMENTO

SUPERIO R
OF CALIFORNIA, COUNTY
MINUTE ORDER - HEADER/PROCEEDINGS

PENDANT NAME

DEF

~~LIN ZACHARY BARKER

STODY STATUS, 8536

09/27/1976
CHP - SACRAMENTO NORTH
IL SET,
$1,054.00
IL POSTED,

~t

OSECUTOR,

XREF

3914133

CASE

03T00937 MUNI

DATE FILED, 02/11/2003

ARREST #: 08720891-01

BOND #,
DEFENSE :

TYPE :

CTION(S) VIOLATED,
01/23/2003

(CT 1)

VC

23152(A)

********************* ********************************************************
JUDGE
DEPT
**** *************** ****
191)3 STANGER
03

ATE

c:JU,

,
,
,

f--- -

i
I

DO NOT FILE ANY DOCUMENTS EXCEPT OUTSTANDING WARRANTS ON TOP OF THIS

)42~/CR61A

PAGE 0 1

clOG7

I~

888"J ') RS

HIGHWAY PATROL

APPEAR
~.I:d!SPEMEN-IOfl
EV 09101 """Trarrlc 0 Nom1l1c 0. .. flf VIoIIItb:J....
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---"--V"""UIon oates

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Perm At..: _ _ _ _ _ _

N""", 0/ Anu11nQ' OIIio::<or, JI ditle'etli 'rom Coung Office,

_ _ _ " _ __

1.0. No.

Vacalio:1 Oal ...

wmtO!,Jf .o.DIoIITTlHG CUllY, I PIIOMISE TO APl'EAR "T TtqO lU"! .ul Pl.AC! INO'C.OTeD 8~LOW,

X SIGNATURE
OA1E- _ _ __
WHAT TO DO.
WHERE:

TIME _ _ _ __

DAM

00
CO
CO
01

OF'M

FOLLOW TIlE INSTRUCTIONS ON THE REVERSE

'f!!fSUPERIOFI COURT

en

0 JUVENILE

:n

ADDRESSPHONE NO.,

/7..J::J

4"'~

tsl'To.,.
no''''''''_ _ .... .,..,..10
Dv"'"""'y.,,

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tl008

r
,.t.M

':104
~

CHARS:

FOB.- BELLEVIEW,

~E

i"

SEX- M

RACE- W

XREF - 3914133

h"!:::ES:

SACRAMENTO

NADERA RD

::::p - D9 27 '1976
::TI'"-,u

PHONE- 916 48& 0773

BARKER

ZACHARY

COUGHLIN

HGT

~A

60''t

,-

'II
,''GT
ZOO

SSN . -

OLN.PARKED

DISPO.-

ADPRES S-

~_-~

"~YES- GRN

BRO

2'35864360

/I,T SCENE

----------------- -----------aK

I'>
H'IR

WORK PHONE NO.-

------------------------------------------- ----- -- ----------- ----

OF APPEARANCE- 02/ 19/ 2 003

DEPT.-

TIME: 08: 30 AM. CALENDAR- Cl

03

.... '"E OF APf'EARANCE- SUPERIOR CQURT OF CA.LIFORNIA . COUNTY OF SACRAMENTO

..'

r'.-n""'E;cs-

7Z0

9 T H STREE T .

SACRAMENTO. CA 95814

SECOND FLOOR

PROMISE TO APPEAR ON THE DATE .a,UD TIME INDICAT ED ABOVE .

"

JNDERSIAND THAT IF I FAIL TO APPEAR AS PROMISED A WARRANT

"

PENDANT'S SIGllATURE, _ -.::::

"',."

'*

II '"

",,,:t "'"",. t. t.

~ *'" ** *" "' .. *" *" '"

_ __ _ __

DHE,

.,

1.550

"
:

JAN24 Z003

REGISTRY NO.-

H\VE BEEN CHARGED WITH :

SECTION
"3~ 52! A J

.0;

DESCR1PTION
DRIVING U1~DER INFLUE NCE OF ALCO HOL ANDIO
UNDER INFLUENCE OF NARCOTIC

087208Q1 01

SEVERITY

COUNT

MIS

01
01

Mrs

o3nv931
~UG AGENCY:
r~

LEA.

rF ARREST- WYDA
CT Dr - 01/Z3/03
- O'!'.

NO.- CA034S950
W/HOWE

TIME- 1Z:45

Dl/Z4/Z003 TIME- 01 : 14-

SACRAKENTO NORTH

OF~ICER-

GEORGE

OFFICERE: 0'1". TFD AND RELEASED PER MAIN JAIL POLICY

.-

01,24 ZOO! TIME- 11:37

CHP -

*" '" t. i ~ * **t. it. * ~ t._;_;_;_;t:_;-;t:;t:;_;:_;:"' t.

WARRANT NO.-

DL

",

JILL BE ISSUED FOR MY ARREST {'37e.~ (4) p . e,} AND I MhY BE

3 7P
,C .

C'HARGED "nTH A MISDEMEANOR PURSU NT TO SEeTlO

.t

IJD 09

BADGE 00.

v~

0.e v-ada

je-

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAcRAMENTO

!\IV

ID

()3

CLIENT: You are ordered to report in person to the Alternative Sentencing Program for an interview with in
CALENDAR DA YS. APPOINTMENTS ARE NOT GIVEN. YOU MUST REPORT TO,

10

1111 HOWE AVE. SUITE #600

SACRAMENTO, CA 95825
Office Hours: Monday, Wednesday, Thursday, and Friday 8:00 a.m. to 4:30 p.m.
Tuesday -1 0:00 a.m. to 4:30 p.m.
A $20 APPLICATION FEE PLUS THE FOLLOWING PROGRAM FEE WILL BE APPLIED.

,
up to 20 hours ~ $20
21 to 40 hours ~ S40
41 to 60 hours ~ S60

Program Fees Axe:

61 to 80 ho= ~ $80
81-100 hours ~ $100
101 to 300 hours ~ SI25

301 to 500 ho= ~ SI50

501-1000hours~SI75

Over I 000

S200

CLIENTS MUST BE PREPARED ,-0 PA Y AT LEAST THE FIRST S50 OF ALL FEES AT THE TIME OF
lNTERVIEW OR THEY WILL NOT BE ALLOWED TO SIGN-UP FOR THE PROGRAM.

APPLICATION FEES CAN NOTBE REDUCED

CLIENTS REQUESTING PROGRAM FEE REDUCTIONS MUST PROVIDE PROOF OF INCOME AT
THE TIME OF INTERVIEW AND PAY THE $20 APPLICATION FEE
AGREEMENT

DATE

I
QR1GfNA.L.. COURT FILE

YELLOW PROBATION

ASP REFERRAL CRIMINAL (rev 6/5102)

CR-44 (REVISED 6/02)

PINK - ASP

GOLD - DEFENDANT

uOI O

CAI.IFCIRNllA, COUNTY OF SACRAMENTO

~~~
,.

CASE NO.
. ENT'S NAME (LAST, FIRST,

,,

'.

CLIENT'S ADDRESS (CITY, STATE,

.'
OF

DATE OF

TELEPHONE NUMBER

~ ;

JUDICIAL

"

,-

/.

'._

"?

,--.
36 CASE

c. [.lENT: You are ordered to report in person to the Alternative Sentencing Program for an interview within 10
L ~LENDAR DA YS. APPOINTMENTS ARE NOT GIVEN YOU MUST REPORT TO,

1111 HOWE AVE. SUITE #600

SACRAMENTO, CA 95825
Office Hours: Monday, Wednesday, Thursday, and Friday - 8:00 a.m. to 4:30 p.m.
Tuesday - 10:00 a.m. to 4:30 p.m.

A $20 APPLICATION FEE PLUS THE FOLLOWING PROGRAM FEE WILL BE APPLIED.

Program Fees Are:

Up to 20 hours ~ $20
21 to 40 hours ~ $40
41 to 60 hours ~ S60

301 to 500 hours ~ $150

501-1000hours~$175
Over I 000 ~ S200

61 to 80 hours ~ $80
81-100 hours ~ $100
101 to 300 hours ~ $125

APPLICATION FEES CAN NOrSE REDUCED

CLIENTS REQUESTING PROGRAM FEE REDUCTIONS MUST PROVIDE PROOF OF INCOME AT
THE TIME OF INTERVIEW ANOPAY THE $20 APPLICATION FEE
AGREEMENT
As it condrllOO of bell'lO admitted to the Allemahve sentencing Program. deleoCSanl consents 10 perform asstgned services strictly in lhe capacity 01 a
volunteer and not as an employee of said agency, 01 018ny otller person, firm or corporation. Chent (participant) and parent/guardian do hereby waNe any
and all claIm 101 accident or Injury or compensation 01 any nature alislflg out of said selVices against the Superror Court 01 Calilornia, County 01
SacramentO , the Volunteel Center of Sacramento and the Alternative Sentencing Program, Its officers, agents and employees. Furthermore, adu" ,
mInOr and pi/enl/guardlan consenlto release to work placement supelViso/S pertinent lnlormalion abollt any physical, menIal or emotional limitations 01
defendant and the nature of sustained offenses t understand and agree 10 the above condrtlons

CLIENT I PARTICIPANT SIG'NATURE

DATE

JlUGINAI-

COI)~T 1"1I.E

YELLOW - PROBATION

ASP REFERRAL CRIMINAL (rev 615102)

PINK - ASP

QOLD- DEfENDANT

DO I I

$upetior Qf:ourt of Qf:autornla

Qf:ountp of $atramento

CHANGE OF ADDRESS

XREF#

DEFENDANT'S NAME:

ADDRESS:
CITY:

I (; Ytj

_~C~OC-"IA':::&+l-'-I;.;."0-4-1...:.2:=.::..o~(:...h..:.:a~ry+-__\I.,)

_\2':::==-(~;;...'"'y\.!='O_--------------

STATE:

_.-l.\i'\~V---

ZIP:

_-"i<,..:.-'-r7..oc~:.-::C:..."'i-1-------

oj

l'PDATEDBY' - - -

710 '\,nlll SLr

UI

CrH.unaL OWIs.on' S.<um<1I10, CA

(9,6) 8'4S4~

95!1L~

001'2.

SUPERIOR CL._<T OF CALIFORNIA,

COUNTY OF SAC.

IENTO

MINUTE ORDER - PLEA

COUGHLIN ZACHARY BARKER

PLEA DATE:

III!JN'P- WINI!'

3914133

03T00937 MUNI

DEPT:~._

RIGHTS:

AI?~r

WVe

ADVISED
COUNSEL, retained or appointed
PRELIMINARY HEARING
JURy TRIAL, speedy and public
CONFRONTATION, of witness
SELF INCRIMINATION, remain silent

possible maximum sentence

possibility of 1203.03 PC
rights regarding

Citizenship
parole rights
option of changing plea

in re: West
consequences of plea

Video mass advisement transcript on request

<7'&=0
___ Electronic Re:;~o~r~d;>;'n~\9c~M;Ofn~i~ttO~r~~~~~~~================

~Tape

~#

Number

Court Reporter (transcript on request)

~-

The written Waiver and Plea form filed herein is ordered incorporated
in the record

Defendant advised of above

found defendant understood
intelligently, voluntarily
in~tials above.
Defendant

rights, penalties and consequences of plea. court

same. Court found that defendant knowingly,
and expressly waived the rights as indicated by
entered a plea of:

GUJ TY

NOLO CONTENDERE (acknowledged it is same as guilty)

NGRI (PC 1026)

_~

the charges of:

UYL

SJ..C;
Court dismissed:

Insufficient Evidence
Interest of Justice
In View of Plea
Proof Sho'tffi
Harvey Waiver
Ccart found that the above plea(s) was voluntary and there was a factual basis

fer same

LlOl3

Ub Submission 1i, 03-OO9lS.()()\

LABORATORY OF FORENSIC SERVICES

SACRAMENTO COUNTY

JAN SCULLY
DISTIUCT "TTDJtNEY

ROBERT JARZEN
LABORJ,TORY rnRECTOR

IIIIIM Ii 111111111111 illl mlllmll~111I1I1111I1

February 4, 2003

LAB NO: 03-00938-001

AGENCY NO: NHP_RS_088855
SUBJECT: Coughlin Zachary

CALIFORNIA HWY PATROL-NORTH

5109 Tyler Street
Sacramento, CA 95841

TOXICOLOGY REPORT
On January 24, 2003, the Sacramento County. Laboratory of Forensic Services received one urine sample.

RESULTS
The following were detected and confirmed: ll_nor_9_carbo xy-THC. hydrocodone.

The following were not detected: methamphetamine, MDMA, benzoylecgonine, phencyclidine, morphine,
benzodiazepines, barbiturates and other basic drugs.

Lisaa.nr

Date
Date

Cnminalist

SbCBAMENTO cOUNTY DISTRICT AI IQA'1rt

, certify this to be a true and exact copy of

the original document taken from the official

Q~~MC;:/~/~

~ iIGNED(Sl5ITE

- ,-

DATE

LABORATORY OF FORENSIC SERVICES

4800 Broadway, Suite 200 - Sacramento, CA 95820
(916) 874-9240

0001
- '-

LABORATORY OF FORENSIC SERVICES

JAN SCULLY
DISTRJCT ... TTOkNEv

SACRAMENTO COUNTY

ROBERT lARZEN
LADORA TORY DIRECTOR

,
01/29/2003

'03-00938-001'

CALIFORNIA HWY PATROL-NORTH

5109 Tyler Street
Sacramento, CA 95841

LAB NO:
AGENCY NO:
OFFICER:
BADGE NO:

03-00938 -001
NHP-RS-088855
GEORGE
13299

Alcohol Analysis Report

SLBJECT: Coughlin Zachary

.... i.

SAMPLE TYPE: I URINE SAMPLE

ETHANOL RESULT:

0.01% (BAC)

DA TE SAMPLE RECEIVED: 01/24/2003

DATE SAMPLE ANALYZED: Oll28/2003
DATE SAMPLE RELEASED: 01/29/2003

I certify, under penalty of perjury. under the laws oflhe State ofCaiifomia, that this analysis was performed
during the regular course afmy duties, and is a true and correct report of the results aftha! analysis.
I funher certify that f am qualified to perform this analysis pursuant to Title 17 of the California Code of
Regulations, and the equipment used in arriving at the results was in proper working order at the time the
analysis was performed.

I further certify thai I am the maker Oflhis document and that my signature has been affixed by means of an
electronic device.

Forensic Alcohol Supervisor Michael Toms

LABORATORY OF FORENSIC SERVICES

4800 Broadway, Suite 200 - Sacramento, CA 95820
(916) 874-9240

Date: January 28, 2003

0002

t!()03

~'

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ARREST REPORT

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~

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BEFOfIE ,yI[) OURING OU~ VOV OH.IRE

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CIT"TIOWC,o,se

PAGE"

88855RS

OF 4

DYES
.(E.>pI .... ., Na'talwe)

'";!;v Skmec Shoulder. Weather Cloudy, Parrol Car Ltghts. Aashlighl

~m

PRELIMINARY ALCOHOL SCREEN INFORMATION

13.dmonltion: I
reQuesling thaI you lake a prellmlnary alcohol screening lesllo further assist me in determining whelher you are under the
of aleonol. You may refuse 10 take this test; however, this Is not an Implied consent test and II arrested, you wm be requited to give a
of your blood, breath, or urIne lor the purpose of determining the actual alcoholic and drug content 01 your blood.

o '"

JAIL
rent! lHtang equipmenl does

any breath

lor later analysis

or anyone else.

~. sample re~jned, you may prOvide a blood or urine sample thaI will be retained al no cost to you. II you do so, the blood or urine
~y.be tested for alcoholic or drug content by either party In a crlmln!!! prosecution.
ani

yes

NO

U004

!
.. OF CALlFORNIA

.nRATIVE/SUPPLEMENTAL

r-

OATE OF INCIDENT

TIME

01/23/2003

2230

NCIC NUMBER

9250

PAGE.3 OF.4
OFFICER J.D.
NUMBER

013299

1 FIELD SOBRIETY TESTS:

2
3 ROMBERGIINTERNAL CLOCK: The subject swayed in all directions approximately 3 inches
4 from center and slowly lowered his head.

5
6 ONE LEG STAND: The subject teetered in all directions and raised his arms from his sides on
7 occasion during this test.
8
9 FINGER COUNT: The subject Counted 1,2,3,4,5 1,2,3,4,5 on all three repetitions.
10
11 FIRST OBSERVATIONS: I was driving a marked CHP unit northbound on Howe Avenue at
12 Cottage Way. At this time, I observed a vehicle stopped at the limit line for a red traffic signal on
13 Cottage Way westbound at Howe Avenue. As I passed the subject vehicle, I noticed that the
'Lrjriver was not wearing his seatbelt as required by section 27315(d) VC. I passed the subject
15 vehicle, initiated a U-turn and proceeded back southbound on Howe Avenue toward Cottage Way.
16 As I reached Cottage Way, the signal light for southbound Howe Avenue cycled to red. The
17 subject vehicle made a left turn from Cottage Way and proceeded southbound on Howe Avenue
18 with the driver still not wearing his seatbelt. I positioned my patrol unit directly behind the subject

19 vehicle and activated the front red lights. The subject vehicle made a right turn onto Wyda Way
20 and stopped.
21

22
23 OBSERVATIONS AFTER STOP: I made a left 'side approach on the subject vehicle and
24 contacted the solo occupant/driver through the open lett front window. Immediately, I could smell
25 a strong odor of freshly burnt marijuana inside the vehicle. I asked the driver for his driver's
26 license registration and proof of insurance. The driver handed me his Nevada driver's license

"

'

27 that identified him as Zachary Barker Coughlin. At this time, I noticed Coughlin's eyes were

~'l bloodshot and watery. I asked Coughlin to exit the vehicle and directed him to an area near the ~
- -

PREPA~EO BY

1.0. NUMBER

OATE

J GEORGE IOFFICER

013299

01/23/2003

REVIEWER'S NAME

DATe

STATE OF CALIFORNIA

NARRATIVE/SUPPLEMENTAL
DATE OF INCIDENT
0112312003

TIME
2230

NcrcNUMBER
9250

PAGE 4 OF 4
OFFICER J.D.
NUMBER

013299

1 right Side of my patrol unit. As he walked, I noticed he was unsteady on his feet. I had a brief
2 Conversation with Coughlin. As he spoke, I could smell a strong odor of burnt marijuana about his
3 person and on his brealh. Based on my training and experience as a certified Drug Recognition
4 Evaluator, I began to sUSpecl Coughlin may be under the influence of drugs. I administered a

5 series of field Sobriety tests to Coughlin. He was unable to perlorm Ihe tesls as demonstrated or
6 explained. Based on his driving, his objeclive symptoms of drug use/influence, and the field
7 Sobriety tesls, I formed Ihe opinion Ihal Coughlin was under Ihe influence of drugs and unable 10
8 safely operate a motor vehicle.

9
10
11 ARREST: I arrested Coughlin for a violation of section 23152 (a) VC (Misdemeanor DUI). I
12 tranSported Coughlin 10 the Sacramenlo County Jail where I perlormed a complele ORE
13 evaluation. Upon the concluSion of my evaluation, I formed Ihe opinion thai Coughlin was under
the influence of Cannabis and unable 10 safely operate a moral vehicle. I explained section

2~612

I_A VC (Implied Consent) to Coughlin. He chose and submitted 10 a urine test. I collecled a urine
16 sample al 2350 hours. Coughlin was then booked into Ihe Sacramento County Jail on a charge of
17 23152(a) VC (Misdemeanor DUI).

AA

'r'

J GEORGE / OFFICER

1.0. NUMBER

013299

DATE

01/23/2003

AEVIEWER'S NA~E

DATE

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STAn; OF CAUFoItMJ.

NARRA TIVEISUPPLEMENTAL
(

1M T'E Of INCIDI<T

01-23-03

~(2_)

3
NCIC tIUMIlER

2245

9250

~=w

13299

_"

88855RS

LOCATION: This evaluation was conducted at the Sacramento County Jail booking
and receiving area.
WITNESSES: Officer A. Escatel #14344 was present'during this evaluation.
BREATH ALCOHOL TEST: Officer George obtained a B.A.C. reading of .000% at
2307 hours. This reading was obtained using a preliminary alcohol screening device
(Imoximeter Inc., AJcosensor rv #8550).

NOTIFICA TION & INTERVIEW OF ARRESTING OFFICER: On view.

INITIAL OBSERVA TIONS OF SUSPECT: Upon contact with the subjecl at the
Sacramento County Jail, I noticed his eyes were bloodshot and watery and pupils were
slightly dilated. The subject's face was flushed. The subject's clothing smeJIed strongly
of freshly burnt marijuana.
I\[EDICAL PROBLEMS AND TREATJ\.1ENT: The subject stated he has chronic back
pain and takes Lonab (10 mg) twice daily.
PSYCHOPHYSICAL TESTS:
ROMBERGIINTERNAL CLOCK: The subject swayed in all directions
approximately 2 inches from center. He had an altered sense of time estimating
30 seconds in 33 seconds.
WALK AND TURN: On the first set of nine steps, the SUbject walked with
floppy feel. The subject pi voted on the heels of both feet on the tum around. He
walked in a crooked manner stepping off line on #3 on the return set of nine steps.
ONE LEG STAND: wi6s right foot raised, the SUbject swayed in all
directions. With his left -rogl raised, the SUbject swayed in all directions.

FINGER TO NOSE: The subject was unable to touch his fingertip to the tip of
his nose on six of six attempts.

CLINICAL INDICATORS:

EYES: The subject's eyes were bloodshot and watery. His pupils were dilated in
all typesof lighting conditions and were slow to react to light stimuli.
1UJ'AA,U:. S /fAME.

Jeff George

La NUMilER

13299

"'"

OJ2403

Sf .. n Of CAUFOP.MA

NARRA TIVEISUPPLEMENTAL
DUr.Of INCIDENT

nME(2400)

01-23-03

~ICNVMllER

OFFlCERI.D.

2245

9250

13299

--~
88855RS

VITAL SlGNS: The subject's pulse was elevated each time I checked it. His
blood pressure was within the normal range.
SIGNS OF INGESTION: The subject's tongue was coated with a pasty green film. His
breath smelled strongly of freshly burnt marijuana.
SUSPECTS STATEMENTS: None.
DRE OPINION: Based on the objective symptoms of drug uselintoxlcation, the
psychophysical tests, and clinical indicators, I formed the opinion that the subject is under
the influence of Cannabis and unable to safely operate a motor vehicle.

TOXICOLOGICAL SAMPLE: The subject provided a urine sample to be tested for

drug content.
~nSCELLANEOUS:

None.

rtDAlU.s NAIoCIi

10. NUMBEA

,m

JettGcorge

13299

01-24-03

,m

LABORATORY OF FORENSIC SERVICES

SACRAMENTO COUNTY

J~

SCULLY

DlST?JCf ...~'EY

ROBERT JARZEt<
u.BOAA10llY OIUCl'OP.

'03-00938-001'
0112912003
CALIFORNIA HWY PATROL-NORTH
5 I 09 TyleT Street
Sacramento CA 95841
j

LAB NO:
AGENCY NO:
OFFICER:
BADGE NO:

03-00938-001
NHP-RS088855
GEORGE
13299

Alcohol Analysis Report

RESULT OF ANALYSIS: 0.01% (BAC)
SUBJECT: Coughlin Zachary
DATE SAMPLE RECEIVED: 01124/2003
,,'IPLE TYPE: I URINE SAMPLE

DATE SAMPLE ANALYZED: 01/28/2003

DATE SAMPLE RELEASED: 01/29/2003

I certify, under penalty of petjury, under the laws of the State of California, that this analysis was performed
during the regular course of my duties, and is a true and correct report of the results of that analysis.

I further certify that I am qualified to perform this analysis pursuant to Title 17 of the California Code of
Regulations, and the equipment used in arriving at the results was in proper working order at the time the

analysis was performed.

I furtheT certify that [ am the maker of this document and that my signature has been affixed by means of an

electronic device.
Date: January 28,2003

Forensic Alcohol Supervisor Michael Toms

LABORATORY OF FORENStC SERVlCES

4800 Broadway, Suite 200 - Sacramenlo, CA 95820
(9t6) 874-9240

uOIO

"LABORATORY OF FORENSIC SERVICES

SACRAMENTO COUNTY

JAN SCULLY
DISTiller "'TTO~y

ROBERT 1A.RZt!N
1.A801lA 1'011;1' OU.ECTOR

February I 0, 2003
CALIFORNIA HwY PATROL-NORTH
5 109 Tyler Street
Sacramento, CA 95841

LAB NO: 03-00938-00 I

AGENCY NO: NHP-RS-088855
SUBJECT: CoughJin Zachary

TOXICOLOGY REPORT
On January 24,2003, the Sac.amento County Laboratory of Forensic Services received one urine sample.

The follOwing Were detected and confinned: II-nor-9-carboxy_ THe, hydrocodone.

The following were
not detected:
benzodiazepines,
barbiturates
and methamphetamine,
other basic drugs. MDMA, benzoylecgOnine, phencYclidine, morphine,

Ana~"'7ed by Criminalist Lisa Caughlin, on 0210412003

Released by Criminaiisl Debra L. Henry, On 0210612003

'/

LABORA TOR Y OF FORENSIC SER VICES

4800 BroadWay, Suire 200 - SacrameOlo, CA 95820
(916) 874-9240

00/ /

~o~ 1. onOeQNI & ASSOCIATES

la1lhed Shorthand Reporters
106 Madison Avenue

San Bruno, California 94066

The Applicant:

05015887404

FOOl. 6501866-4430

,
,

THE STATE BAR COURT

945 West 12th Street

Reno, Nevada 89503

Phone: (775) 338-8118

ZACHARY B. COUGHUN

8
9

In the Mauer of

,
7

HEARING DEPARTMENT - SAN FRANCISCO

APP~CES

2
3

For the State Bar ofCalifomia:

OFFICE OF TIffi CHIEF TRIALCOUNSEL ENFORCEMENT

SAN FRANCISCO

10

)
ZACHARY e. COUGHLIN
10
) '
) NO.06M13755PEM
,1
)
An Applicant fot Adnusslon. )
12

THESTATEBAROFCAUFO~

II

BY: SUSAN L KAGAN,ESQUIRE

180 Howard Street
San Francisco, California 94105
Phone: (415) 538-2037

12

J3

Fax: (415) 538-2220

1:'

\4

",

15

.6

\6
17
\8
19
20

DEPOSITION OF ZACHARY B. COUGHLIN

118

Volume 2
Thursday, Apn126. 2007

\9

211

-000-.

21

22
23

"

24

Reponed by:

!.1

2S

SHEW G. ENG, C.S,R. No. ] 1397

Page 3

Page 1

1
2

INDEX
Examination by:
Page
MS. KAGAN ............. .... 5

,2
4

5
6

"

g
I
10

3
4
5

--000---

INDEX OF EXHIBITS
(No exhibits marked.)

9
\0

---000--

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

14

"

[n the Matter of
)
ZACHARY B. COUGHLIN,
)
) No.06-M-13755-PEM
)
An Applicant for Admission. )

, ------)

,2
13

2
2'
<;

THE STATE BAR COURT

HEARING DEPARTMENT - SAN FRANClSCO

15
16

"

18

.9
20
21

22
23

24

BE IT REMEMBERED THAT, pursuant to Notice,

and on Thursday, April 26, 2007. commencing at the hour
of4 :08 p.m. thereof, at THE OFFICE OF THE CHIEF TRIAL
COUNSEL ENFORCEMENT, 180 Howard Street, San Francisco,
California, 94105 before me, SHELU G. ENG. C.S.R. No.
11397, a Certified Shorthand Reporter in the State of
California, there personally appeared
ZACHARY B. COUGHLIN,
called as a wimess by the SlIlte Bar of California; who,
having been duly affinned, was thereupon exammed and
testified as is hereinafter set forth.
---000---

Page 2

I (Pages I to 4)

l
C,4
'\1,\,5

6
7

8
9

EXAMINATION
BY MS. KAGAN,
Q. Okay. This is a continuation of the
deposition that actually started on March 2nd, 2007 in
Reno, NeVada. And this is based on the Court's order
compelling Mr. Coughlin's attendance to answer questions
A. Did Court's order say "substance abuse" or did

it say "alcobol abuse"?

Q. Would you like 10 read the Court's order?

l2
13
14
15

Q. Okay. I'm gOing 10 actually read the part of

the order. II is an order dated April 12,2007, and it
starts with, "As to the State Bar's motion compelling

A. Yes.

answers at his deposition, the Coun orders Petitioner

to answer in accordance with CCP Sections 2025.460
Subsection D and 2025.480 Subsection A. In short,
Petitioner must answer any and all questions dealing

'8
19 w1th his addiction to alcohol. The Court told
20 Petitioner that he has the burden of establishing that
21
:!2
:!3

,.
::!5

he has the requisite good character for admission to the

Califorrua State Bar, and as such, ifhe wanted to go
forward with his application, he needs to answer any
questions dealing with his alcohol issues."
That is the only relevant portion of the

later.

3
4
A
S
Q.
6
A
7
Q.
A
8
9
Q.
lOA
J I years.

regarding Substance abuse. And so lei's __

10
II

16

Q. Okay. J would like to come back to that

2

12
13
14
15
16
17
18
19
20
21
22
23
24
25

Do you continue to drink alcohol?

No.
When is the last time you had a drink?
I'm not sure.
Can you give me an estimate?
It's been a long time.
Can you give me a more specific estimate?
I would say sometime within tbe last ten

Q. You bave been clean and sober for the Jast ten
years?
A That's Dot wbat I said.
Q. Oh, so -- I'm sorry. Your last drink was in
the last ten years?
A Yes, some time iu the last ten years.
Q, What about in the last five years? Have you
had a drink in the last five years?
A Well, I tbink if tbat arrest was in '03, then
tbat would be - we are in '07 now, so tben that would
be - yes, right, because that's four years.
Q. What about after your arrest on January 7th,
2003? Did you ever have any alcohol after that date?
A Not tbat I remember.

Page 5

order. Does that answer your question?

A. I think so, in tbat it doesn't say "substance
abuse." It says "alcobol abuse."
Q . Okay. Have you ever been arrested for any
< offenses involving alcohol?
A. I don't believe so.
,
Q. Is that a yes or a no?
~
A. Well I was arrested and cbarged with a DUI,
9 but my alcohol content on tbat was negligible.
10
Q. Can you describe what you mean by
"negligible"?
I
12
A. I think it didn't register on tbe breath test.
13
Q. Are we talking about the January 27, 2003
14 arrest?
15
A. Um-bmm.
16
Q. And at that lime, did you have alcohol in your
17 system?
18
A. I'm Dot sure.
19
Q. Well 20
A- I tbink I bad said tbat 1 bad Jess tban a
:n glass of wine that nigbt to the officer. I tbink tbat's
1Z in tbe police report.
2J
Q Is that an accurate statement about how much
2. alcohol you had in your system?
'5
A- I would assume so, yes.

Page 1

2
3
4
5

6
7
S
9
10
II

12
13
14
15

16
17
18
19

20
21
22
23
2.
25

Q. Not thai you remember or no?

A Not tbat I remember.
Q. Whal about 2004? Did you have a drink of
alcohol in 2004?
A WeD, didn't you ask me in my last question if
I bad a drink since 2003?
Q. Yes, and I want to specify each year.
A My answer is tbe same for each year.
Q. SO you don't remember whether or not you had a
drink in 2004?
A I dontt tbink so.
Q. What about 2005?
A Same answer for aU of the years.
Q. Okay. So let me just get this straight. You
don't have a specific recollection whether or nOI you've
had a drink of alcohol since your arrest in 2003?
A I don't believe I had a drink of alcohol since
then.
Q. Are you a member of Alcoholics Anonymous?
A I'm not sure wbat you mean by "member".
Q. Do you attend Alcoholics Anonymous meetings?
A. I bave gone to some.
Q. Didn't you provide the Slate Bar with evidence
.
?
of your attendance al Alcoholics Anonymous meettngs.
A. Yes.

Page 6

2 (Pug.s 5 10 ~)

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A. r. JIet .... wIIat,.. _..,. ...... JIo"'.
Q. Okay. Mr. CouabI/D. 1'mDOl..,.,,1oplay
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is, -Jhou&b youjual tesIified ... soiDB'" _
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Q. WhatlSanalcoholictoyou1
19
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Q. I'm aakins tho questIOllI, __
23
24
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2

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'Various things, but I'm not really suO!. II's a pO!tty

2 "'Ague and ambiguous set ofterms.
3
Q_ What is your sister's name?
A. Carly.
Q. \\.'hat is her last name?
5
A. Coughlin.
7
Q. And her phone nwnber?
A. I don't know it.
8
Q. Has anyone ever told you that they believe you
9
10 have an addiction to alcohol?
A. 1 don't think so. Maybe my dad, but 1 don't
II
12 tbinkso.
Q. Do you have an addiction to alcohol?
13
14
A. l'"e oe"er reaUy drank a whole a lot, so I
15 don't know.
16
Q. Why did you tell the Conunittee of Bar
I"' Exarruners at the jnfonnal conference that you have a
18 problem with alcohol?
19
A. I think 1 was trying to take some steps to
20 show the committee that 1 was trying to address tbe
21 issues that they were concerned with, and I felt that
:::.2 alcobol might ba\'e played some mle in some ofthem.
And I come fmm an en\'ironment wbere, you
24 know~ I'\'e bad AA kind of force-fed to me throughout my
25 life from an early - a \'ery early age., so I think that

Q. My question was, the statements that 1just

read to you. did you believe them at the time that you

2
3

4
5

6
7
8

made them?
A. So we are not going to address the part about
you saying tbat I said J had addiction to alcohol?
Q. I just read to you the statements that you
made at the infonnal conference. j am asldng you
whether those statements were true at the time that you

9 said them.
IO
II

A. And I am asking you, are we mo"iog 00 from

your last questioo about whether or oot J had said Q. Mr. Coughlin,just answer the question.
A. Which question?
Q. The question I asked you j think iI's three

12
13
14
15 times now.
16
The statements that I just read to you, were
17 those the truth when you stated them?
18
A. So we are not talking about the last question

19 about wbether I said I Wa.'J addicted to alcohol?

20

Q. Mr. Coughlin, we have moved on from that

21

question.

22
23

A. Okay. That's all I wanted to know is ifwe'\'e

moved 00.
Q. Then answer my question.
A. And your question was whetber I bad said tbose

24

25

Page 15

Page 13

,
4

,
,

10

played a role in it.

Q. At the tune that you told the committee that,
do you believe that you had problems with alcohol?
A- I'm not sure.
Q. Did you lie to the committee?
A- I think I would ba"e to be sure to lie.
Q. SO you weren't sure if you had an addiction to
alcohol when you told them that you had an addiction to
alcohol?

A- I don't think I enr said I had an addiction

to alcobol.
Q. Okay. At the informal conference on January
8th _ excuse me, July 8th, 2004, you staled, "There is
13
a big change from those times, and it would be thai on
5 January 1st, 2002, I became a sober member of Alcoholics
Anonymous. "
.~
You further stated, "Alcoholism is in my
I'
genelics.
you know, it's something thai really
18
exacerbates
my character defects."
19
When you made those stalements, did you
00
.I
12

"

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2

l:

.3

L4

21

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2C
2.
ZS

believe them?
A. Well, first, I think you were reading that to
illustrate that 1 bad said I bad an addiction witb
aJeobol, which I sai~ that I don't recall e\'er saying
tbaL So are we mo\'iog 00 from tbat?

2
3
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8
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10
II

12
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14
l5

16
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20
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statements?
Q. No. The question was whether or not you were
telling the truth at the time you made those statements.
A. The statements regarding alcoholism being in
my genetics and my character defects being exacerbated
by akohol, did I believe those statements? I cao't say
definitinly that 1 know those statements to be
100 pen:ent corred. They're very subjective
statements.
Q. Okay. You know whether or not you were
telling the troth or you were lying at the time,
correct?
A. WeD, for instance, if you tell someone you
lo"e tbem, do you know tbat you are saying "I love
you" Q. Mr. Coughlin _.
A. - do you know for an absolute fad?
Q. Mr. Coughlin, just answer the question asked.
A. Well, I am answering the question asked.
Q. Was the statement, "Alcoholism is in my
genetics, you know, it is something that really
exacerbates my character defects," was that statement
true at the time that you made it?
A. True i.n like a scientific se.nse?
Q. Mr. Coughlin, I am not going to go through
Page 10

Page 14

4 (Pages 13 to 16)

.,.-~

. , IU

..:tl)

,'

, ,
6
7
8
9

10

"

this. Stop playing games with me.

A. I'm o~t playing games with you. I feel tbat
you are plaYlOg games with me. You're asking me to tell
y~u. y'0u know, things - you're asking me to put
SCI~tific analysis on tbings that call for subjective

OPlOlons.

Q. No. r am asking you for your opinion.

At the tune that you made that statement
that statement true?
'

A. J don't think tbat's a statement that can be

characlerized as true or false. I think it involves

A. I don't thlnk alcohol is in my genetics.

27 Maybe
alcoholism.

A.

8
9

10

"

12
13

14
15

16

8
Q.
Did you believe at the time alcoholism was in
19 your genetics?
I cau't say true or false tbat I believe thaL

I tbinJe. YOu know, in a subjective sense, to some

22
degree, it is possible tbat perbaps tbere is a genetic
23
component to alcoholism, and perbaps there has been a
24 bistoryoftbat in my bloodline.
25
Q. You understand thai the judge has informed you

question or not answer the question. And if you don'l

5 answer the question, you can surely object 10 it.

was

12
13 d~.rees ~f subjectivity tbat aren't capable of being
diVided I.oto a mUltiple choice type question.
14
.
Q. Old you believe at the time that alcohol was
15 m your
genetics?
16

20
21

A. Um-bmm. Does tbat ll!late to my curreot USe of

2 alcohol?
3
Q. Mr. Coughlin, you can either answer the

17

18
19
20
21
22
23

24
25

At the time of the infonnal COnference, was

the statement !bat you were a sober member of Alcoholics
Anonymous since January 1st, 2002 true?
A. 1 don't think that's a statement that can be
cbaracterized as true Dr false.
Q. Explam that.
A Well, for one, there is not a membership list
in AA, okay? You don't pay dues. You doo't apply. It
is not something wbere Cbell! is a membership committee
tbat rejects your application. It's not something tbat
ill treated in that way.
Q. I asked you a question of whether or not thai
statemem was true at the time that you made it.
A. Um-bmm.
Q. And your answer is, it can't be true or false?
A. In a sense, yes.
Q. Cenainly, you can tell me, at the time that
you made that statement, whether you believed it to be
true or false.
A J don't believe it to be false.

Page 11

Page J9

thaI tlus case is mainly about your candor, correct?

A J don't recaU tbe judge saying tbat in tbose
terms. 1 recaU your prell;al statement saying that,
4 butS
Q. I'm going to read from the judge's order of
., Apnl 23rd, 2007. And it $tates, "The issue for this
coun is Petitioner's current use of alcohol. The other
8 ISSue is that of candor. The Petitioner had to use his
~ judgment In asserting privileges, confidentiality at the
10 deposition as it relates to his alcohol use. At some
I.. poml, his assertion of privilege will impact on the
'>
issue of candor. "
.3
So do you understand thai candor is an issue
14 w this case?
15
A. Yes, as it is in aU cases.
.~
I also tbink tbat you mentioned that, as it
;.., points to my eUrTent use of alcohol, in whieh case l
i 8 doo't undentand wby you are asking me questions about
19 lite lut five years, 2003. 2004, Ihings of that
20 oature_

~
~

21

Q. At the time of the informal conference __

..:.2

A.. - or about my genetics.

?3
Q. Mr. Coughlin, r am asking you questions about
?4 statements that you made previously regarding your
'i relauonship with alcohol.
Page 18

Q. Does that mean you believe it to be true or

2 you believed it to be true at the time you made it?
3
A. Well, J can't say 1 believe it to be true or
4 false because r don't believe it is a true-or-faIse
5 statement or question.
6
Q. Mr. Coughlin, this is a statement that you
7 made.
8
A Um-hmm.
9
Q. Were you a sober member of Alcoholics
10 Anonymous as of January 1st, 2002?
II
A Well, I don't think there's a membership role
12 in Alcoholics Anonymous, so J dOIl't know tbat anybody is
13 a member of Alcoholics Anonymous.
14
Q. This is your language, Mr. Coughlin. You
15 called yourself a sober member of Alcoholics Anonymous.
16 Do you understand that?
17
A Um-hmm.
18
Q. What was your understanding of what "sober
19 member of Alcoholics Anonymous" meant at that time?
20
A Someooe who is not drinking, i.e., sober, and
21 who is going to Alcoholics Anonymous meetings, maybe
22 reading some ofthe literature.
23
Q. SO based on)'OUT definition, at the time that
24 you made this statement, was it a true statement or a
25 false statement?
Page 20

5 (Pages 17 10 .20)

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25

Q. Well, when he lold you that, what was your

H .you are saying is tbat a good faith effort

to elplam tbe state of affairs, I believe it is
Q. No. Mr. Coughlin, 1 asked you whether or not
that s~tement was true or false at the time that you
made It.
. A. .I'm sorry. I'm just not capable of seeing
tbmgs m such rigid terms as you do.
Q. You testified earlier that you may have been
told by your father at some point that you had a problem
wIlh alcohol, correct?
A. Correct.
Q. When did he tell you that?
A. Probably wben 1 was like tbree years old,
tbree or four years old.
Q. Has he told you that since?
A. Probably.
Q. What was your reaction when he told you that?
A. I thougbt it was kind of odd to tell II three
year old that, butQ. When was the last time he told you that?
A. I don't recan.
Q. Was it in the last ten years?
A. Probably.

3
4
5

A. Yes, pretty mucb.

A. Wen, I don't tbink it is a statement tbat can

be c.barac.terized as true or false.

3 reaction?

A. I don't tbink I bad a reaction, that I recall.

Q. You testified that your mother and your
6 sister, Carly, don't believe you have an alcohol
7 problem; is that correct?
8
A. I believe that's what they said to me, yes.
Q. When did they tell you this?
9
A. Tbey told me tbat at various points in time,
\0
recently,
prior to tbaL
\I
Q. And what was this conversation in connection
12
with?
A. Tbey were going on and on about bow ridiculous
I'
some
of the treatment I have gotteD from tbe State Bar
15
of
California
bas been, and I don't know, somehow, it
\6
17 came up in tbat.
Q. Are your mother or sister certified in
18
addiction
medicine?
19
I'm
Dot sure.
A.
20
Q. Are either one of them .. do either one of
21
22 them have training in alcohol or alcoholism?
A. I'm Bot sure. My sister does bave a master'S
23
in counseling, so pubaps that's part of ber curriculum.
2'
Q. But you're not sure?
25

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Page 23

Page21

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2
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13

Q. Was it in the last five years?

A. I don't recaU.
Q. Okay. Wen, when he told you -A. I can't really speak for him, soQ. I'm not asking about his -- I'm not asking
questions about his statement of mind. I'm asking when
he told you thaI he thought you had a problem with
alcohol.
I don't know tbat be's ever told me that I had
A.
a problem with alcohol. I'm reaDy Dol sure on thal
Has anyone else ever told you that you have a
Q.
problem with alcohol?
A. I don't think so.
SO now you can't recall whether or not your
Q.
father ever told you he thinks you have a problem with

J4
5
,6 alcohol?
A. ID those exact terms?
I'
No, not in those exact teoos. Just generally.
Q.
18
A. Yes. I think be tells everyone, you know,
19
20 they bave a problem witb alcobol.
21

21

"3
24
.25

Q. He tells everyone thaI you have a problem with

alcohol?
No; tbat everyone bas a problem witb alcobol.
A.
Q. He tells everyone thaI everyone has a problem
\\.'1th alcohol?

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9
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18
19
20
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22
23
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25

A. No.
Q. Do you continue to see Or. Ocskay?
A. y~
Q. Have you ever told him that you're attending
Alcoholics Anonymous meetings?
A. y~
Q. Did he ever ask you why you were attending
those meetings?
A. I don't think so.
Q. Have you ever told him that you believe you
have a problem with alcohol?
A. r m not sure.
Q. Has he ever asked you?
A. I'm Dot sure.
I object to your line of inquiry into whether
someone bas ever said, "Well, I bave a problem with
alwbol," and if they say tbat, therefore. for the rest
of tbeir life, that means definitively that they do, in
fact, bave a problem with alcohol. And 1 think it
discourages anyone from ever taking a look at their
drinking to detenniDe whether or not tbat is true,
because it's as if the second you say that. you've
signed yourself up {or a good five to teo yean of
involvemeot witb the State Bar and/or tbe LAP progT1llIlSo (think that encourages people to just kind of never
Page 24

Page 22

6 (Pages :21 to :!4)

2
3
4

6
7

8
9
10
II

10
13

look at their drinking.

Q. Have you eyer received any son of treatment

for alcohol abuse?

2
3

A. I'm not sllre what yOll mean by "treatment," but

I've Dever been to a treatment center. I've never had
hypnosis done for it I doo't know. CaD you be more
spec:UIC about what you mean by "treatment"?
Q .. Have you ever attended any kind of seminar

4
5
6

7
8

regardmg - aside from AlCOholics Anonymous regarding

alcohol abuse?
A Well, does a CLE course_
Q. Did you aHend a CLE course?

16
17

24 received any treatmeDl for alcohol abuse?

"

r think you just asked me that, and my aoswer

A. Um.hmm.
Q. Have yOu eyer been evaluated by a medical

person for alcohol abuse?

A. r don't know. I'm Dot sure. I've gone to a
doctor before.

Q. For alcohol abuse?

9
10

A. No. I don't think so.

Q. You don't think so?

II

A. I don't believe so.

12
Q. Mr. Coughlin, f am nOt asking you things that
13 are elusive or confusing. 1 am asking you, have you
14 ever been evaluated by a medical person for alcohol
15 abuse? It is a very specific question. It deserves a
16 very specific answer.

A - qualify as tbat? I bave taken ontineCLE

courses.
IS
Q. Regarding alcohol abuse?

14

A. I'm not Sure tbey were specific to alcobol,

but I think they involVe substance abuse.
18
Q. What aboUi any treatmem for alcohol abuse?
19
A. But I don't know that watchiog CLE is
20 treatment for alCObol abuse, because tbal would mean
2 I that anyone that has watched it bas been treated for
22 alcobol abuse, wouldn't it?
23
Q. This is a different question. Have you

Q. You haye to answer my questions. This is my

depOSition.

A. Well, if you go 10 a family pr-actitioner, and

17

18 you have tbe flu, and tbe family practitioner asks you,
19 "Do you drink." are you being evaluated for alcohol
20 abuse?
21
Q. Mr. COUghlin, you know very well what I am
22 asking you.
23
Have you ever been evaluated by a medical
24 doctor for alcohol abuse?
25
A. When you say "evaluated," does tbat mean

Page 2S
P8~

was I watcbed the CLE program.

Q. No. I changed my question. I said, did you

4
5

eyer anend any seminars, then I'm gOing back to the

origtnal question. Have you ever received any treatment
for alcohol abuse?
A I'm not sure wbat you mean by "tre.atment," but

I don't - nothing stands oUltbatl can think, "Well,

t.llJIt's treatment for alcohol abuse."

Q. Have you eyer.0

II
12
3

A Is going to an AA meeting treatment for

alcohol abuse?
Q. No, Mr. Coughlin.

27

somebody I bave actually gone to in a professional

2 capacity, or does tbat mean, like, a doctor I know on a

3
4
5

social basis wbo maybe, you know, bas an opinion?

Q. Either one.
A. Not that I know of.
Have I been evaluated for alcohol abuse by a
medical professional? Is that what you are asking?

Q. I have asked i, three times already.

A. I'm not sure what you mean by "evaluated."

10 I'm not sure about a lot oftmngs you'~ asking.

Is my dad's opinion of me_

II

1 am talking about other than Alcobolics

14 Anonymous. have you received any treatment for alcohol
15 abuse?
16
A. No, I doo't think so.
7
But J also object to tbat question for much
18 the same reason. Anybody wbo actually does need to go
19 to treatment probably would be swayed not to go to
20 treatment [or the reason that someday, tbey would be
21 Sitting in a deposition, baYing someone ask tbem wbether
22 they had been to treatment. And if they answered yes,
:!3 tben t.hat would mean that tbey're signing themselves up
24 for a whole bunch of luvolvement. So that would
;5 enc:ounge people no! to go to treatment, wouldn't it?
Page 26

12
13
J4
15
16

Q.
A.
Q.
A.

Is my question COnfusing 10 you?

Yes.,itis,asamaneroffact

Is your father a medical doctor?

Yes, be is.

Q. Has he ever eyaluated you for alcohol abuse?

17
A. J'm not sure wbat you mean by "evaluating."
18
I bave never, you know, set up an appointment
19 and gone and made a CG-pay and had him chart my office
20 visit and do tbings like tbat.
21
Q. Have you ever done that with another doctor?
22
A. I don" believe so.
23
Q. Have you ever24
A. But a lot of doctors ask you bow much you
25 drink. You know, I tbink that's a standard question.
P"gc 28

7 (Pages 25 10 28)

,4

';

,
6

8
9

10
II

12

So whether or not thllt amOUDts to being evaluatftl J

dOo:, waot to rlDd this in some sort of ple.ding wh;rc
you re s.ying I'm lying beQUH some dodor ten y~rs
ago asked me bow many drinks I had a day or:l wefl(,.aod
J SIIy, "I don't think I bave bee. evIIWlted," and you
come back with, "Well, here in 1987, this doctor asked
y~u bow many drinks you had a week. You're clearly

IYlDg, Mr. Coughlin, because you loswered Ibis uenion.

You were evaluated."
q

Q- _What is your underslanding of an evaluation by

a medical dOCtor?
A- In a (,ijnical professional sense?

i3

Q. Yes.

.4

A. Because. you know, SOCially, tbey can evaluate

I' something, right?

Q. In a clinical professional sense.

.S
19
~O

21

"
"
23

2l

A. What is my understanding of an evaluation by a

medical dOdor? They would take some sort of history of
your alroho) use and apply their professional judgment,
I guess.
Q Has Ihat ever happened to you?
A- Not tbat I know of.
WelL. if a doctor asked me teo years ago, bow
many drinks J had a mouth" is tbt fitting withln that?
Q. Mr. Cougblin, you just defined ~evaluation. ~

Q. Why?
A. I'm bot sure.
3
Q. How often do you anend Alcoholics Anonymous
4 meetings currently?
A. It nries.
6
Q. Can you give me a ballpark figure?
7
A. At least once: ::I week.
S
Q. Are you working on the steps?
9
A. I'm nol sure wbat you mean by "working."
10
Q. What step are you on?
II
A. I'm oot sure wbat you meao by "00."
12
Q. Mr. Coughlin. the court has ordered you to
13 answer questions regarding your alcoholism. Now, this
14 is the same thmg as what happened last time I took your
I' depoSition. Are we gomg to play these games or are you
16 actually gomg to answer the questions regarding your
17 alcoholism?
IS
A. I am aoswering your questions. I am Dot
19 playing games. If you could be more specific as to wbat
20 you mean by "on" or "workiDg."
21
Q. Do you understand what the steps of AA are?
22
A. I tbink I do.
23
Q. How many steps are there?
24
A. There are twelve, J believe.
Q. Okay. And have you completed Step I?
2'

Palti' 29

4
6

.,
8
9

I.

3
I~
t 5
16
I"'
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19
:0
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22
2:
14

t...

Have YOU ever had an evaluation, JUSt as you described,

oya medical doctor regarding alcohol abuse?
A. I'm still DOt understanding uactty what you
meaD. Anybody wbo bas ever been asked bow much tbey
bave to drink a week and bad a doctor chart tbat, is
tbal::lD evaluation?
Q. You just described what you thought an
evaluation was, and I am asking you.
A. That's a very subjectiveQ. I am asking you for your opinion on whether or
nol, according to YOW" definition of "evaluation," you
have ever undergone an evaluation by a medical doctor
for alcohol abuse.
A. I have never bad that - I don't believe - be
the primary or n'ea secondary purpose of a visit or of a
doceor's treatment of me.
Only in the most far-reacbing tenuous sense of
the word "evaluating" would I say tbat is possibly true.,
and tbat would be true for "ery singte perwn a doctor
bas ever seen because, in some caP::Ic:ity, doctors are
supposed 10 consider wbether someone might be an
akobolic.
Q. Do you 51111 :mend Alcoholics Anonymous
mtetmgs?
A. Occasionally.
Page 30

Pagdl

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7
S
9

10
11
12
13
14
15

16
17

IS
19
20
21
22
23
24
25

~ I'm Dot sure what would qualify as having

completed.
Q. What is Step I?
A. Slep I is the first step.
Q. And what exactly is the ftrst step, if you
could describe that for me?
A. [believe Ibe language is admitting to God and
ourselves tbat we are powerless over alcobol.
Q. Have you done that?
~ I am not sure wbat you mean by "dODt."
Q. Mr. Coughlin, I'm not going 10 go through this
agam. You just described what Step I is. Do you
believe that you have completed Step I?
A. I think it is very hard to know wbether you
bave completed tbat, you know.
lfyou sit bere and you say, "You know, I am
powerless ovec alcohol. I went out witb some of my
State Bar friends tbe other nigbt. I bad::l few drinks.
1 said some stulJ I sbouldn't have said about my boss,"
and you say, "God, I'm kind of powerless over tbat,"
does tbat mean you've completed Step 1 or is it
sometbing that needs to be more deeply processed thai
takes more? It is hard to know, you know.
I mean, you can look at all twelve of tbose
steps and say you've completed. them in one day, and tben

Pag.:

8 (Pages 29 to 32)

there1are other peo pea

I th t take two years to complete
St

2
3

ep .
Q.l So you don't know whether or not you have
4 comp eled Step 1'1
~ J doo't know whether you can know whether
5
6 you ve completed Step I .
Q. But in ~o.ur opinion, did you complete it?
7

A.. My oplDlon is that I'm Dot sure.

Q. Whal about Step 2? What is Step 2?

5
6
7

A. Came to believe that a power greater than

ourselves could restore us to sanity
Q. Did you complete Step 2? .
A.. It would be the same answer for all twelve of
these steps as it was to Step 1.
Q. What is Step 3?
A. Made a decision to tum our will and our life
over the care of God as we understand him.
Q. Do you believe you've completed Slep 3?
A. As] just said, my answer- to Step 3, as in
Step 2. would be the same as Step I; that J don't know
tbat you can be surewbether or not you've completed

10
II

1"
13
14

15
16

18
19
20
21

these steps.

~.,

Q. SO my question is, then, for Steps 4, 5, 6, 7,

,8, 9. 10, II, 12, did you complete any of those steps?
"'
14
A. I don't know bow you can besurc whether

2<

A. Yes.
Q. Okay. Now, I want to ask you, what is Step 4?
A. Made a tist of our character defects, became
completely willing toQ. Completely what?
A. Completely willing to rid ourselves of these
defects.
Q. Have you ever made a list of your character

8
9 defects?
A- V ...
10

Q. What was the second part of that?

A. Became willing to - actually. that's 1 think
Step 6. I think 4 is just made a list of our cbaracter

11

12
13

defects.
Q. And you did make a list of your character

I'

15
16 defects?
A. Um-hmm.
17
Q. What is Step 51
18
A. Admitted to God and anotber person those
19
20 defects.
Q. Have you done that?
21
"- V ...
22
Q. Six?
23
A. Became willing to - became willing to rid

2'

25 ourselves of these defects.

Page 3S

Page 33

Q. Did you do thai?

A. J'm Dot sure. That's a bard tbing to know.
Q. What is Step 7?
A. Made a decision, I think, to rid ounelves of

I
you've completed tbose steps.
Q. Let me ask you, Mr. CoughlinTbey're pretty vague, you know, and tbey're

2
J
4

"-

pretty subjective.
Q. Let roe ask yoU <
ADd tbere is a pbrase: "More will be
A6 revealed."
So yOll may think you have completed a step,

but more might be revealed at some point, and yOU

realize. well, maybe I baven't really completed tbat

8
9

iJ
I'

o.

groupS aside from AA?

'8 self-helpI don't
believe so, not tbat [remember.
A-

Q. What does Step 4 say?

A- Wbat does Step 4 say'!
Q. Um-hmm.
I might bave attended an AJ_Anon meeting or
AACOA meeting or something like tbaL
Are you going back to the other question?

these defects
Q. Did you do that?
A. I dOD' t know bow you can know whether you have
done that or not. You can try to do it, butQ. What is Slep 87
A. WeU, since you are quizzing me on this, I
will refer _ see in have something to help me. I

12 guess 1 don't. Step 8.

25

II

Q.
necessary to complete those twelve steps?
,2
I can't speak for AA- J don't know why.
A- Why do you think that there are twelve steps?
13
Q.
~4
Why do I think there are twelve steps'!
AS
You know, strike mat.
16
Have you ever attended any abstinence

20
21
22
23
24

6
7
9
10

10 step. AcCOrding to Alcoholics Anonymous, why is it

Q. What

are you referring to'?

A. A book.
Q. May I see it?

15
A- No.
16
Q. Can you al least note for the record whal you
17 are revLewing before you answer this question?
I'
A. My notes19
Q. That's not a note, Mr. Coughlin. Thai's a
20
book that you are referring to.
21
What book is that?
22
A. I'm DOt sure what book this is.
23
Q. Okay. I'm going 10 strike these questions,
2'
25 then.

Page 36

Plgc 34

9 (Pages 33 to 36)

2
3
~

4
5
6
7

8
9
10
II

12
13
14
15

A Here we go.
Q. No. You cannot cite something that l'm nOl

At your Alcoholics Anonymous meetings, do

allowed to look at. I'm entitled to sec what you're

people generally go through what steps they have

completed?

Citing frOOl.

A- It is an AA book.
Q,. Well, then, leI me review it, please. before

A. f think there's a Jot or different ways people

you cite from it.

5 work a program in AA So to say generaUy, it's hard to

6 ,.y.

. A. It is Dot reaDy a book. It's reaDy jusl

pieces of a book.

8 meeting for AA?

Q. What happens in a meeting, JUST a regular

Q. SO Mr. Coughlin basjusl handed me two pieces

of Wh~t used to be -- it looks like a book, and it looks

A. When you say "what happens," do you mean what

10 bappens on a very litenlleveJ? People walk in a room.

II

to be like abaok about Alcoholics Anonymous. Would

Q. I'm asking for a description of what occurs al

12 an Alcoholics Anonymous meeting.

lhat be a faIr characterization?

A- Um-hmm.

J3
I'

Q. What does Step 8 say? Do you know off the top

:6 of your
head what Step 8 is?

15
16
17
18
19
20
21

."

A ] could probably give you a pretty good idea

18 of What
it is, but, you know _
19
Q.
Why don't you give me an idea ofwhal it is.
20 You don'e
have to be specific.
21
A- Made a list of all the people we've hanned.
Q. Harmed by what?
23
A- I'm Dot - ] dOD't know ifit says "by whaL"
24 I tbink it is just that we have harmed.
25
Q. In general or is it in connection with

.. .,

22

23
24
25

A. I don't know thai I understand what you mean

bytbat.

I couJd teJl you what occurs in a literal

sense. People walk in a room. They sit down. 80m,

stuff is read by a .s:retary. Someone usually shares_
a chairperson sbares briefly. There are different types
of meetings. Sometimes tbere's a speaker meeting where
someone sbares the whole time for like an hour after the
steps have been read, and the sretary calls tbe
meeting to order.
But the more common is for people to come into
a meeting, sit down in chairs,. for the secretary to all
the meeting to order, read tbe steps and perhaps some

Page 37
Page 39

2
3
4

<

alcohol?
A. I'm Dot sure.
Q. SO it may nOl at all have any relationship to
alcohol as pan of Alcoholics Anonymous, the seeps of
Alcoholics Anonymous?

1 otber materials, depeoding llpon what that meetiDg

2
4
5

A- You're asking me what tbe language of Step 8

7 .is, right? I'm telling you I don't know whether it says

8 spedficalJy hanned by alcohol.

'0
I

Q. Did you make a list of the people that you've

harmed?
A- Ves.
Q What is Step 9?
A Made direct amends to such people wberever

12
13
14 possible, eIcept wben to do so would injure them or
5 other:s.
,6
Q. SO you are reading that from the book right
17 now, correct?

"

A. I'm kiDd of reading it from tbe book., but I am

.9 also kind of saying it from memory at the same time.

20
Q. Did you do Step 9?

2
A. Wel~ as I said earlier, I don't know that any
12 of these steps are capable of being qualified as to
23 wbether or Dot tbey bave been dOne.
24
0 Let me ask you this, Mr. Coughlin, and we will
.<

go back to Step lOin a mmute .

itself - bow that meeting has - bow tbe people who run

3 that particular meeting chose to run tbe meeting.

7
8
9

10
11
12
JJ
I'

ADd then a cbairpersoo qualifies for five to

seven minlltes telling what it was like, what bappened,
what it is like DOW, in relation to tbeir alcobolism.
ADd tben the chairperson wiU either call
different people to speak or they will make a tag
meeting, in whicb case someone will speak brieOy and
then they will tag somebody else.
Q. Have you ever spoken at an Alcoholics
Anon}TllOus meeting?
A. Sure.
Q. What have you said?
A. I can't remember it.
Q. When is the last time you spoke?
A. I can't remember. Probably recently, butQ. And do you remember what you said ae that
recent _

15
16
17
18
19
20
A. At that anonymous meeting? Do I remember what
21 I said at tbat anonymous meeting to be rehasbed here at
22 tbis depoSition?
Q. Were your statementS regarding alcohol?

23

24

A. Probably 001..

25

Q.

Have you ever made statements regarding

Page 38

10 (Pages 37 1040)

alcohol at Alcoholics Anonymous?

A. Probably.
Q. And what were those statements?
3
A. I ~D't remember- specifically.
"
Q. OLd you ever admit to being an alcoholic?
6
A. I'm Dot sure what is meant by Itadmi~"
7
Q. _Did you ever tell anyone that you had an
8 addiction to alcohol at those meetings?
9
A. I don't !mow that I haye enr said tbat
10
Q. Did you ever tell anybody at those meetings
\I thai you had a problem with alcohol?
A. At these anonymous meetings, you're asking me?
12
Q. Yes. 1 am asking you your statements.
13
A. Did [tell- what was the question?
14
Q. Did you ever tell anybody at the Alcoholics
15
\6 Anonymous meetings that you had a problem with alcohol?
A. I'm not sure.
17
IS
Q. Did anyone ever ask you why you were at an
2

.9

20
22
23
24
25

Alcoholics Anonymous meeting?

A. Yes, J tbinkso.
Q. What was your response?
A. That I wasn't completely sure why 1 was tbere.

Tt seems like you want real sureness in

everytbing someone says.
Q. Well. Mr. Coughlin, I believe this is

A. My opioioo is that I'm oot sure.

Q. You're not sure whether or nOI you have a
problem wilh alcohol?
A. That would be correct
Q. Do you keep alcohol in your residence?

I
2
3

4
5

A. No.

7
8
9

Q. Have you ever kept alcohol in your residence?

A. Sure.
Q. When? When was the last time you had alcohol

lOin your residence?

A. I don't remember.
12
Q. Was it in the past year?

11

13
14
15
16

A. No.
Q. What about the past two years?
A. I don't thiok so.

17

Q. What about the past three years?

A. You know, maybe. I doo't know.

18

Q. Well--

19
A. I might have kept alcohol for olher people,
20 something like that.
21
Q. Okay. Let's talk about it this way. So since
22 your arrest in January 2003, have you ever had alcobol
23 at your residence?
24
A. I'm not sure. It is possible.
25
Q. Have you ever had alcohol in your automobile?
Page 41

Page 41

,2

something you would be sure about.

2
3

4
5
6
7

8
9

\0
II

12
\3

A. Really?

Q. Have you ever had any employers tell you that

they thought you had a problem with alcohol?
A. Not that I remember.
Q. Have you ever had any friends tell you that
they believe you have a problem with alcohol?
A. Not that I recaU.
Q. Have you ever worked in an office or with
someone who said you had a problem with alcohol?

A. Not that I recall.

Q. Have YOll ever had ajob where somebody, either
a coworker or boss, told you that they thought you had a

14 problem with alcohol?

A. I tbougbt you just asked tbat.
15
Q. Have you ever had a coworker?
16
A. Not tbat ] recall.
17
Q. Have you ever had a medical person, aside from
18
\9

your father, tell you that you had a problem with

20 alcohol?
A. [dOD't believe so.
2\
Q. Do you think you have a problem with alcohol
n
23

14

,5

now?
A. I'm Dot sure. [can't say a bundred percent.
Q. Give me your opinion, though.

I
2
3
4
5

6
7
8

9
10
II
12
13

14
15
16

17
18

19
20
21
22
23
24
25

A. in my lifetime?
Q. No. Since your - we are talking about since
your arrest in 2003.
A. I'm not sure. Maybe. It is possible.
I don't know wbat tbis bas to do witb my
alcohol abuse.
Q.
asking you, you said that you made
statements at the infonnal conference that you were a
clean and sober member of Alcoholics Anonymous since
January 1st, 2002. And I want to know whether or not
you have ever kept alcohol in your residence since that
time. Actually, yes, let'S go from January 1st, 2002.
A. And if I bad, what does tbat mean?
Q. I am questioning whether or not you had access
10 alcohol in your residence.
A. Do you mean altobol, say, in - because
alcohol is in a lot of products.
Q. I'm not lalking about products that you buy
over the counter. I'm talking about liquor. I'm
talking about beer. I'm talking about the general term,
the general usage of alcohol, Mr. Coughlin.
A. Um-hmm. Rave I ever bad tbat io my residence?
Q. Since January 1st, 2002.
A. probably, yes.
Q. Okay. What about 2oo3?

rm

11 (Pages 41 to 4n

A- As if tbal meaDs anything.

,3

S
6
7

10
II

.,

Whal about 2003?

A. Probably.
Q. That glass of wine, that half glass of wine
that you had before your arrest, where did you drink
that?

,
6

I'm Dot sure.. Probably at my residence.

Q. After your arrest, did you continue to keep
alcohol at your resIdence?

Q.

A. I believe it was tbe JODes Street address.

Q What was the address?

10

Q- Do you recall when?

,
"

-,
:5

II
12
II
I.
15
16

17
18
I'

20
21
22

23
2.
25

Page 4j

.-;
.,
,
S
)

In
1
~2

'3
_,

'5
16

..

8
9
.:.0
-~

,.,
24
-0Ij

A. 945 West 12th Street.

Q. And how long have you lived there?
A. I'm 001 sure. It's Ixen a while, probably a
few years.
Q. In that few ye~, havc you evcr had alcohol

Yes.

1255 Jones.
And when did you live there?
A rew years ago.
Was it in 20057
A. Ilhink so.
Q. Was it in 2004?
A. Might have been at the end of'04 to sometime
in '06, some'bing like tbat.
Q. Did you ever have alcohol at that residence?
A. Probably.
Q. Okay. AndA. I dOD't keep a log of what I keep at my
residence.
Q. I am JUSt questioning why somebody who's been
in Alcoholics Anonymous since January of 2002, or at
least has admined to bemg a sober member of Alcoholics
A-

Q.
A.
Q.

Page 47

I
2
3

It your reSIdence?
A. Probably, yes.
Q. Have you ever - what kind of alcohol do you
Keep 31 your residence?
A. I don't remember.
0. Why do you keep alcohol at your rcsidence?
A. Do I keep it? I don't currently bave any
alalbol in my residence, but in the past, if [ bad
alcobo~ it was probably because other people that might
sometimes be at my residence migbt drink alcohol.
Ct. Have you had anybody over at the residence
th.:! . the address that you just named that drank
{Jcohol in your presence?
A Not tbat J remember.
I don't undentand what tbat has to do with my
alcohol abuse. Like the judge mentioned in the order,
that's what your question should be tailored to, and
you're asking about what's at my resideoce.
Q. I'm asking whether or not you keep alcohol at
yuar residence, Mr. Coughlin.

alcohol abuse.
Q. What was your last residence?
A. Prior to 945 West 12th?

A. II is possible that I bad alcohol in DOt of my

residences since 2003, yes?

A. r don't understand why you are asking me tbis.

What does that ha"e to do with my alcohol abuse? Just
:!' becau~e yOIl haYe alcohol at your residence doesn't mean
~6
you drink it
Q. Well, that's what I am asking you. Did you
have alcohol at your residence since 2oo3?
Q
A- U is possible.
20
Q. Did you drink that alcohol?
21
A. Not that I remember.
.2
Q. Okay. Ltt's specifically talk about it. When
s 'he last time you had alcohol at your residence?
2.
A- I don't remember.
Q. Okay What is your ClUTent address?

,
t

A- Right. And that's what I am saying. I'm Dot

2 sure wby you're going ioto tbat when the judge's order
3 calls (or you to taiJor your questions to my curtent

A.

4
5
6
7

8
9

10
II
12

13
14

15
16
17
18
19
20

21
22
23
24
25

Anonymous since January 1st, 2002. would keep alcohol at

their residence.
A. You're trying to undentand that? What if you
were entertailliDg somebody?
Q. Did you entenain people?
A. Isn't Ihat a pretty common thillg for people?
Q. I'm asking you a question. Did you have
alcohol at that reSIdence?
A. I can't remember specificaUy, but it is
possible.
Q. And the question was, did you consume any
alcohol that you kept at your residence?
A. I don't believe so.
Q. Did anyone consume alcohol at your residence?
A. It is possible.
Q. Can you namc who it would be?

A. No.
Q. SO it is your testimony that A. I don't keep really specific recollections of
who drank what.
Q. Do your mends drink alcohol?
A. I have friends wbo drink alcohol, yes.
Q. Okay. Have they ever been to your apartment?
A. Probahly.
Q. Okay. Which apartment --lct's talk about

Page 46

12 (Pages 451048)

1
8
9

_boW

10
11

1J1hola_.-"l

12
A. ...... A:.B... - , ....'t . . . . 'U.
13 ........ 1 _ -.......... ...... 14 ftIJ .................... peopkareVf#1rtPL

11 member of Alcoholics
te5uknce. That

15 . . . . . . . . . . - . - - . . . eateF'ba.... ..

16 ~ ... ...,_" ... _

17 _ _ _ -

.. ..,..... -

Q. But that's not you, correct'?

A. 1 ...'tbOW. r_DOIreanydeSCJ'ibiDI

18
19

20 aoyooIf.
21
Q. Have )'Ou ever bad a date of sobriety?

...__ ._111._ ........

A. l'lD IlOl nrc.

Q. You're not sure whether or not you had a date

22
23

24 of sobriety'?
25
A. I object to beiag reduced to a alUDbeI'

\\ c've llready

Page 51

'.st,,9
1
2
3
4

Q. Oh,okay.
A. y . . 1 reallY do, because yOU tbiDk you can
qullfy IO~ by hoW long they've beeD sober.

Q. Thal'S not IU\ objectton. That'S not a valid

5 objecnon. Mr. Coughlin.

6
Can we go oft' the record for two minutes?
(ReoCSS.)
MS. KAGAN: Back. on the record.
Q. So we were asking - we were talking about
10 your date of sobriety with Alcoholics Anonvmo us Do you
.'
baWadalcofsobricty?
A. \ ....................,iI.
Q Haw you ever had one?
A. W. . I ........ _
...... I ...ve,
7
8
9

Q _

WU iI'I

yes.

II,. ~KI ....'t...,_oflt,l_'.

:=:::::~I1 *...I ...... tnck

2
3

f_

4
5
6

8
9

10
II

~~I~d at you; informal conference in January

lSI of
0_. W?y did you have Wine in January 2oo3?
A. I In nOl Sure.

3
4

b Q. Had you had drinks of alcohol before that

etween January 2002 and January 200]?
A. I'm Dot sure. I dOb't believe so"
Q. When did you firsl stan drinking?
A. I'm Dot sure.
.
Q. Give me an estimate.
Was it in your teens?
A. I don't ruall.

17

Q. Let's describe when you were drinking alcohol

how often would you drink alcohol?
'
A. It varied.

24
25

Q. Would that be an accurate statement?

A. J think it would be, but I'm not sure.

Q. Okay. Give me an example of a regular day.

Some days I would drink and some days I
wouldo't.
Q. And the days thai you would dnnk, how much
would you drink?
A. Not mucb.

P~e

I'
12

grapes :lnd-

9
o

14
is
6

7
18
19
20

21
22
23
ZJ

'"'5

O. When you say "alcoholic beverages," you're-A.. - after tbat, because it's all just alcohol.
O. When you say "alcoholic beverages," are you
discussing hard Ijquor?
A.. Anything witb alcobol in it J don't know
what you mean by "hard liquor."
Q. You don't understand what "hard liquor" means?
A.. I don't know wbat you mean by "bard liquor."
Q. I see.
When you would drink red wine, how much red
wine would you drink?
A. J'm not sure.
0_ "-'hat about beer? When you would drink beer,

drinking.
A- le wasn't really impressive. I think well
8 over balf of my peers in law school drank more than I
9 dKl.
10
Q. SO we are discussing law school?
11
A- I drank less tbaD most people.
12
Q. In law school?
13
A. Throughout my life. Whenever I dnnk, I drank
I' less thaD your average drinker, in my opinion.
15
Q. Why would you drink?
A. I'm not sure.
I'
17
Q. Did you ever drink by yourself?
18
A. Maybe.
19
Q. What bappens to you when you drink?
20
A. I dido't keep a drinking log, you know.
21
Q. I'm asking for an estimate of drinks. I'm

22 asking for your best recollection about these events.

23

I'm not asking for "on suchand-such a date, J consumed

2' a quaner ora liter of whatever." I am asking you for

25

your estimation. Do you undersland thai?

S3

Q. Well, first of all, what would you drink?

A.. Il varied.
Q- Okay. Give me some examples ofwha! you would
dnnk.
A.. Sometimes I would drink red wioe. Sometimes I
would drink beer.
Q. Anything else?
A.. Sure, other alcoholic beverages. It's aU
alcohol, right?
Q. Such as, you mean, like hard liquor?
A. You're just distinguishing between

6
7

Q. I'm asking you for an eslimme. I am 3sking

Q. Do you recall writing a leuer to the Stale

Bar staling thai you staned drinking alcohol in your
20s7
A. I think so.

:!1
23

how much beer would you drink?

A- I didn't drink the same lImount every time I
drank.

5 you to describe your use of alcohol when you were

12
13
14
15
16
18
19
20
21

Pag<: 55

A. Yo<

2
3

Q. When you say that you don't believe that you

drank -- the entire time tha t you drank, you don't

believe that you drank as much as the regular person,
5 what would you describe the regular person's drinking 10
6 be?
7
A. I don't know what tbe regular person is. Some
8 people drink. Some people don' t drink.
9
Q. No, bUi you just described it yourself.
lOA. Well, just in a sense, I would go to a party
I I at law schoo~ and r would see a lot of people, a lot of
12 people drinking a lot more than r did, so13
Q. Do you believe that alcohol affected your
14 conduct at law school?
15
A. I'm not sure.
16
Q. Do you believe that alcohol had any effect on
17 your life?
18
A. I think alcohol has an effect 00 anybody who
19 drinks it.
20
Q. No.1 am asking you specifically.
21
A. I would be within that term of "anybody."
22
Q. SO it did affect your life?
23
A. Aoybody wbo drinks alcohol is affected by
24 alcohol.
Q. And specificall y to you, what kind of effect
25

\4 (pages 531056)

did It have on you?

A. The typical effects.
Q. Describe those.
A. I tbink it might bave some pbysiological

2
1

,
4

.!feels.

Q. Such as?
A. A lowered sensitivity to pain. J think
ioitiaUy, it bas an energizing effect followed by
~
somewhat of a somnambulary effect. It <:an be lessening
,~
DOC'S inhibitions. It c.ao be good for your
1 cardiovascular system in amounts dose to a glass a day.
.2 It can have an impairiog effect on oDe's motor
; coordiDatioo.
14
Q. And all of these things you described happened
0

15
0

toyou'.
A. I'm oot sure.
"
Q That was the question.
8
A. Oh, I thought you said wbat do you tbink the
19 effects are on somebody.
Q. ~o. On you, Mr Coughlin.

A. 00 IDe?
~. Yes.
A. I don't know.
C' You don't know - out of any of those things
25 .:hat you just said. the myriad of consequences, you

-,

,.

2
3
4
5
6
7
8
9
10
II

12
13
I.
IS

16
lJ

18
19
20
21
22
23
24
25

ever cause you to do something that adversely affected

your life?
A. I don't know.
And as the judge had mentioned, you know,
sometimes people blame alcobol for their behavior, and I
don't waot to be perceived as blaming my behavior on
alcohol, so Q. SO, then, what was the purpose of your
statements regarding alcohol at the infonna! conference?
A. .'m oot sure.
Q. Do you have any friends that -- cunent
friends that drink?
A. Sure.
Q. And how often do you see these friends?
A. OccasionaUy.
I object to that Bow does that relate to my
CUITent alcohol abuse?
Q. Was there a time of your life when your
consumption of alcohol increased?
A. Probably.
Q. And when was that?
A. When I started drinking alcohol.
Q. Can you describe that for me? 1 don't
understand.
A. Well, for instance, prior to my starting

Page 57

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6
)

0
1~

13
14

,>
8
19
20
.:::

.::.2
_3
~4

don't know which occurred to you?

A. It's a very subjective question.
Q. h's your opinion, Mr. Coughlin, and I am
asking.
A. My opinion is tbat it is bard to describe tbe
effect that alcohol bas on you, particularly if you
don't drink a whole lot of it. Tbe effect is greater
the more you drink..
O. Have you ever been drunk on alcohol?
A. I'm Dot sure. Probably.
Q. Have you ever drank so much alcohol that you
passed out?
A. I don't think so. I know I've never had a
bladwut.
Q. Have you ever had any memory Joss from
dnnking alcohol?
A. I don't remember.
Q Does drinking alcohol make you angry?
A. I doo't think so.
Q Did it ever make you violent?
A. I doo't tbink so.
Q Old it ever cause you to do something that you
regretted?
A. I'm Dot sure.
Q. Well. think abom it. Did drinking alcohol
Page 58

Page 59

drinking alcohol, I didn't drink alcohol at aU. And

2 then when I started drinking it, that would be an

3 increase.

5
6
7

9
10
II

12
13
14
15
16
17
18
19
20
21

22
23
24
25

Q. What about after you staned drinking alcohol?

A. I'm not sure.
Q. How does it make you feel when .. strike that.
Are you ever in the presence of people who
drink alcohol?
A. Sure.
Q. And how does thaI make you feel?
A. You probably drink alcohol,. imagine. And
I'm in your presence.
Q. No. I mean, in the presence of a person
actually consuming alcohol.
A. Sure.
Q. How does it make you feel to see somebody else
conswning alcohol?
A. It doesn't really make me feel one way or the
other, unle$s it's like I'm seeing someone wbo's really
taking other people attask for drinking alcohol who
drinks alcohol themselves; then it kiod of makes me feel
they're hypocritical.
Q. Do you think thai anyone who drinks alcohol is
an alcoholic?
A. No. I would say I doo'l
rage 60

15 (Pages 57 to 60)

2
4
5
6

Q. Do you think that anyone who drinks alcohol

has a problem with alcohol?

A. Probably Dol Depending upon what you mean by

"problem."
Q. Did you ever tell Dr. Ocskay that you stopped
dnnking?

A. I can't remember. I have seen him probably

8 upwards of 80 hours.. [think tbat would be sufficient,

9 you know.
10

Q. Sufficient for what?

II

A For whatever it is you're looking for. You'd

12 think five years of meetings, a tbousand signatures,

13 over 80 bours of seeing counselors would be sufficient
14

(or whatever it is you're lOOking for. But apparently,

15 it is DOt.
16
Q. /wd all of that that you just described, why
17 \....ould you describe that you've Wldergone all of that?
18
A- WeD, some of it has been because State Bar
19 bas direded me to do so.
:0
Q. Are we talking about LAP?

,.
.1

23

A- Yes, definitely. The LAP, in fact, ordered me

to go to a meeting every single day for six mooths in a
row. That's 180 days in a row; no break olTfor Sunday,

24
25

DO day or rest. You're going to go to a meeting every

day for 180 days.

"

2
3
4
5
6
7
8
9
10

attached or that 1 have listed in this matter?

A- Um-hmm.
Q. Tbe reports of Dr. Ocskay - Ocskay how do
youA- Ocskay.
Q. Other than these reports that are designated
as exhibits, were there any other reports that he
submitted to LAP?
II
A- rm not sure. Probably not.
12
Q. At some point, you were actually tenninated
13 from LAP, correct?
14
A. I believe so.
15
Q. Do you know why you were terminated?
16
A- I can't speak for LAP, no.
17
Q. You have no idea why you were tenninated from
18 LAP?
19
A- I believe the language in tbe - and
20 througbout tbis fwe-year period bere, I've gotten about
21 one sentence teUing me why I was rejected from tbe
22 State Bar after I took the Bar and passed law school.
23 And tbat sentence consisted or your reckless driving
24 cooviction; sometbing about some discipline at law
25 scbool that I don't believe 1 ever was actually

Page 61

Q. And did you do that?

A. Yes.
"\
Q. You went for ISO days?
4
A. I believe so, yes.
Q. Did you provide documentation to LAP?
6
A. I don't know tbat I went to a meeting. They
said do a recovery-related activity.
8
Q. And did you do a recovery-related activity for
9 180 days?
. i)
A. [believe so, yes.
Q. Did you provide documentation of that _.
2
A- 1 believe so.
Q. - to LAP?
A. [believe so.
:~
Q. And what types of activities did you
panicipate In (or that 1SO days?
A. Recovery-related activities.
Q. And describe that.
o
A.. I would bave to go back alld look. Mostly, I
20 wellt to meetings. Sometimes I went to see Dr. Oc:skay.
~,
lbiagl of tbat sort.
Q. SO you saw Dr. Ocskay in connection with your
~3 panlclD'Uon in LAP' .
24
A.. Um-bmm.
Q. Did Dr. Ocskay provide reports to LAP?

.,

Pa!~

A- Yes, a number of reports to LAP.

Q. Okay. You've seen my exhibits that r have

Page 63

2
3
4
5
6
7
8
9
10
II

12
13

14
IS

16
17

18
19
20

21
22
23
24
25

disciplined; and failure to fuUilI the conditions of

LAP, something like tbal
Q. Okay. Bue my question was, do you know why
yqu were tenninated from LAP?
A. No.
Q. You have no idea why you were terminated from
LAP?
A. No.
Q. Nobody ever told you why you were tenninated
from LAP?
A. No.
Q. Did it have something to do with the fact that
LAP thought you weren't sober?
A. r can't speak for LAP.
r can tell you that LAP, five minutes after
meeting you and after being told to morutor your alC<lbol
abuse, will go into your pbysician's office and demand
to see anything related to your medical care. And Iben
people with the master's in family therapy wiD make
jUdgmeots based on wbetber or not your medical care
qualifies you as being sober or nol
Q. Is that what happened in this case?
A. I'm nol sure. But to me, tbat kind of sounds
like they're practicing medicine witbout a license.
Q. Do you believe you were wrollgly termimued

62

16 (Pages oIlu64)

A.l'.~
. ., . . . - " '
Q. W. o1J:-.dy_
. . . . _ )i,

2I
3

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...

S
Q. lI .. dIo_~"Ifdlotyou"""'ii
6 your _ _ Vou_you ....... _

do.

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...1

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-"...

...

1 _ _ . . . . . .. -

7 . - of Alcoholics AIIoaymoaa ..... JIIII1III)' III, 2002.

Do you _
dIIII .. oftbil dare, you ...... - you
II< sIiII. _ _ of A1coIIoIaca AIIoaymoa87
10
A. . . .Itddlll. .......... 1.,rloIAIc.......
II _ _ III ....
12
13
Q. 1bon why did you .... dIot pbnI8eolollY'/ 1118
14 actually your 81,'",1_ Mr. CougbIiu. Why did you. use

ripI----I-

8
9

,..n .............

IS

dIIII pbrasoo1o&Y'1

16

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._111 .......

17 1IIenIIIdc_ ....... I ................ ' I

18 _ . _ _ _ _

. . . pC

' ........

. .'1 ...... 1_ .....

__ .bOy,

....

Q. AI the .... that you ..... drinIdn& did you

alcohol in the fice of uptive

19
20
21

Ca' CODtinue 10 use

23

24

carr ..'.rzl, .................... . . . ...

22

~?

A..

r .... ....., ......... ..,l ., . . . _

......... ....,..,

...... 06 On

.....

2S .........

..... "

..-.

,7

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....

I
Q. Do )Ul ba... spoooor'I
2
A.
3
Q. You'R DOt sun:: wbetbcr or DOt)'OU brave a
4 spoooor'I
A.. NN
IlbH
................. ' 1F ' h r .
6S _
,..
.......
_r.
7
Q. WboI is _ _ ",,7
8

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9.......
bedrt."'CI ddw .......... ,.....
10 ~ 1 ....'t . . . W.....
$' We ....
11 .... W.......... _
...... . , . _ . , .
12 botll_I ....~noDy_.,.._.
13
Q. Doyou _ _
14
A. 1_ldo.
IS
Q. Oby. Wbatis _ _ . . . . . of_.
16 _ i s ?
17
.. It'a . . . .' I .. A.A. ............., .... ,..
II ..,..
'c............... AAoIp ....d . .- ..
19 ..,..,.. . . . _ . ." . l ..tpa ... p"sFna20*,_
21
Q AIId do yau .... _,..juoIdOlIae4'I Do yau
22 _ . _ ..... dIIIId....._ '
23
A.
24 _062S
Q. V_jail - . . . II.

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.....

'1" ........_

2....,
I

!'!',," ...1Ve recowrecI_

3
4
5
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7
Q. Do"",1Ioal dill ""' ... _
8
9 driak alcobaI f1DVII

--,..-......................................
to-uy

A. I ....~--,..-I>.r......,. Y..
II _ _ I,.,' ., ........
12
Q. _ _ Lelmenplauolbe..-.
13
A. ... 1 _ _ JrI ... _ _ _

10

14

15

_or __

16 pnay ............................ z pm_

17 dial lin filii Ind by tile ........
b_or..., ...
18
19 caII - . . . . . . . . . " .......... _pIWl' t . . .
"II1II
20 .... a., ... It . . .'t .......t;;'sd S'
poioIor .... _If
21
22
23 proIJI_wldaalcallol or ,...'n .. _ at

_1 __ 11.

"""... _wIII_
....
,.._..,.
.... SIoIeBor_,.._,.._.
7

!"",ibo ,.,,"'.....1)' from alcoholism

24

~II;_.... , _ .......

......

2S

Mr."',..
.,.....Ia
.....
_,.
......
11,.,
..... __ ... SIoIeBor_ ............
_

..

are.

1 ............... c:a-.k,...-elti_ .... ,...

2
... _ _ .....
3
_ _ _ _ ... _ _ _ ,..
_~

7 7 7. . . . _

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~

4 .... 11_,..J.... , . . _....

....... _ ...... ...
6 J_ _ _ _ rorru ... joot_...

5 be .........., ... J... _

7
8
9

Q. Haw)'O\l ever bad to aubmit to blood .....

_diDS alcohol?

-1_...,

10
A. I ...obell....o. ""' ........... bId ...
11 L A P _ ..... 1DIII . . _
.....
12 ..pt _ _ _ _ no,_1DIII _ _
13 10 _ _ _

or

,-.tlb.... II_wby ....

14 J-_or..

no,_tth.y\nJlO". no,

w_ _ ... _ ... ...,..._ ...

15 1IalL
16
Q. So lI!ira)'OUr)llllicipolkJol in LAP, )'0\1

17 _provIdoda uriDo ample?

18
A. 1fII,1 ...... - . . ...
19
~ _ _ .bIood _ _'

20

A.

1........ _1_...,-.' ,',1Ioot

.,kQ*_

21 * " " _ , , , 9 1....

22
~ 0IrIJ. Bow _
bIoocIampIe?

23
A. s.._ .
24
Q. 0IraJ _,... .... lon01_ ..." '
25 1IpOCi8ca1\y-

A. I objCt':t again because I don't see what this

,
1

I
2
3
4

has to do with my current alcohol abuse as is tailored

in tbejudge's order. It seems like you are just
ignoring the judge's order. It seems disresptfuJ to
....

5
6
7
8
9
10
II

Q. Have you ever had to provide a urine sample?

6
7
8

A.
Q.
A.
Q.

9
10

Probably.
In relation to alcohol?
I'm DOt sure about thal
Have you eVer had 10-

A. Probably. I

1\

mean, during my DUI arrest, I

12

think I had to provide a urine sample., even though I

13
14
J5

tested in a negligible - had a negligible amount of

alcohol in my system, they Probably would have used that
to double cbeck, you know. I don't know.
Q. What about since that time, since January
20031

16
p
18

19

12
13

14

15
16
17

A. Not that I know of:

Q. You have never provided a urine sample in

18

19
20

::0 relatIOn 10 alcohol?

21

:2

23
24

~5

expedited for Monday?

MS. KAGAN; Yes.
(proceedings concluded at 5:50 p.m.)
---000---

A. [don't believe so.

Q. 'What about a blood sample in relation to
alcohol?
A. r don't believe so.
Q. Have you ever told anyone that you provided

21
22

23
24

25
Page 73

Page 75

2
l

samples to monitor your alcohol in your system?

"- I'm Dot sure. 1 don't know why (wouJd bave,
but-

8
9

Okay. I have no further questions.

THE COURT REPORTER: Did you want a copy?
MR COUGHLIN: Yes, please.
THE COURT REPORTER; Where should I send the

4
5

6
7

,apy?

MR COUGID..lN: The address on me business

'0 card that r wrote.

oJ
'THE COURT REPORTER: She usually COD's upon

10

"

12 delivery, so -

12

l3

13

MS. KAGAN: Actually, the State Bar pays the

:4 COSl, so Just send the bill to us. We pay for his copy.
l~
He gets a copy.
!6
There 1S an examination that is going to take
pJru:e
tomorrow,
and as part of that examination, I would
"
18
like to submit a transcript or something.
19
THE COURT REPORTER: Tomorrow by ..
20
MS. KAGAN; I think it's at 9:30.
21
THE
COURT REPORTER: I can send a rough ASCII
12 by E-mail. J~s
pretty dean.
:.J
MS. KAGAN; Okay. Let me give you my card.
:"11 be n ghl back.

:.
-'<
~

14

15
16

17
I further certify that I am not of counsel for
18 either or any of the parties to the said deposition, nor

19

In

any way interested in the event of this action and

20 that I am not relared to tiny of the parties thereto.

21

22
23
24

THE COURT REPORTER: And this is still

STATE OF CALIFORNIA )
COUNTY OF ALAMEDA )
f, Shelli G. Eng, Certified Shorthand Reporter,
No. 11397, State of California, do hereby certifY;
ThaI prior to being examined, the witness named
in the foregoing deposition, to wit, ZACHARY B. COUGHLIN,
was by me duly affinned to testify the truth, the whole
truth and nothing but the truth; that said deposition was
taken down by me in shorthand at the time and place
therein named and thereafter reduced to typewriting under
my direction and supervision; that the witness was given
an opportunity to read and correct said deposition and to
subscribe the same. Should the signarure of the \vimess
not be affixed to the deposition, the witness did nOI
avail himself of the OPPOrtunity to sign or the signature
has been waived.

25

WITNESS MY HAND this 1st day of May, 2007.

-~----~--

..--

SHELL! G. ENG, CSR NO. 11397

CERTIFIED SHORTHAND REPORTER

Page 74
Page 76

19 (Page, 73 10 76)

1
Deponent's Correction Sheet
2 To add testll'llOOy, indLl;:lIe 'Add" and print me exact
words you wish to add_ To delete tesumony indicate

3 "Dtlete" and pnnl the ex.act words you W1sh'to delete.

J.b) 1. 2001

ZACHARY B COUGHlIN
'US West 121h Scrft1
RID>, Nr..a 19503

DeposItion of: ZACHARY B. COUGHLIN

Proceedings Date: Thursday. Apn126, 2001

I, ZACHARY D_ COUGHLIN, have the following changes to my

6 proceedings tmnscnpt:
7 PAGE LINE CHANGE (AddiDelcte)
8

,
\0

11
12
13

I.

l'16
17
18

I'

20
21

ShelL; G. Eng, esa

';I

U ,"OIl Ut.l no' ."\SI11O n:a<I)"Our depo~'QM tnnICnpl,

~_ beIow..-4 _
""Lhu! 3S clIoy, (rom !he dale
:.C~
wu ",..kid.

:0

fJeut

22

,=

_J.~

ZACHARY B. COUGHLiN

Page 77

I. ZACHARY B. COUGHLIN, have read my proceedings

tnmscnpt consisting of the preceding pages, taken on
Thursday, April 26, 2007, and I certify that:
(Check. One)

"
1

'J
.

I have corrections as reflected on attached

Deponent's Correction Sheet and that I now approve my
depoSItion as true and correct.

3
4

8
9

10
11
12

-------_.

I certify that the witness was given the

statutory allowable time within which to read and sign
the deposition, and that:

The witness failed to appear for such reading

and signing.
The witness has waived review/signature
on the record.

The witness has reviewed and signed the

13
transcript
and has made no changes.
14
15
16 _ _ _ _ A correction letter has been submitted and
is attached to the transcript.
17

ZACHARY B. COUGIil.IN

18
19

18
1<

20

cO

21

o.

22

22

23

.;3

24

-,

25

;,
I

DISPOSITION OF TRANSCRIPT REVIEW

,
,

Page 19

2
5

t have no corrections.

DATE

23
24

SHELL! G. ENG, C.S.R. No. ll397

Dale _ _ _ _ _ _ _ __

Page 78

20 (Page, 77 10 SO)

Page I
A
AA 9:25 13:24
19,1326,1031021
34:13,1837:5
39,5,8 68,17
AA-reJated 68: 18

7:248:4,16,17
44:947:24,25
apply 19:13 29:19
aware 51:6
10:7,21 11:1,4,6
49:1450:351;7
appointment
28: 18 a.m 77:16
11;2512:10,21,22
52,10,256625
77,15
12,23 13,10,13,18
67,7,9,10
appreciated
67: 18
8
13:2214:3,8,9,1 I alcoholism 14: 17
approve
78:8
81,9,162,83044,5
14,24 15,5,19
16,4,20 17,17,18
Aprill:l84:/2
abeya~ce 65: 17
4,1876,677,5,7
16,617,14,16
17,2323,22 31,13
5,1318,6782
ability 1 J :2
78,1,127904,5,22
18,7,10,17,25
3101740,669,23
7904
able 71:8
back 7: 1 26:3 29:6
19,2210122208
allowable 80:4
arrest
6:147:20,23
34,25 38,25 52,8
above-entitled 77:9
22: 10,12,16,20,22 allowed 37:3
8:169010,14,22
absolute 16: 17
62,1974,2477,12
2223,25 2306,22
AI-Anon 34:23
10,6 1 10243,22
51:12
ball 72: 15
24,11,17,1925,3
ambiguous 13:2
443
45,5,8
11
baUpar-k 31:6
absolutely 50: II
25,10,15,16,18,20 amends 38:13
arrested 6:4,8
bar 1:5 3:9,114:1
abstinence 34: 17
25,22,2426:5,8
amount 55:2 73: 13
ASCll74:21
4: 195:228:23
abuse 5:7,8,9 6:3,3
26,11,1427,5,8
amouots29:157:11 aside 25;934;18
13,1623,1524,24
25:3,10,15,17,18
27,14,19,2428,6
analysis 17:5
42,18
32,1850,10 53,12
25:20,22,24 26;5
28,1629:19302
and/or 24:24
asked 15:14 16:18
61,1863:22,22
26,8,11,1527,5,8
30,133208,17
angry 58:18
16,1919:172105
71017,22,257206
27,15,20,2428,6
38,1,4,840,23
anonymous 8:19,21
24,1325,2528,8
74,13
28,1630:2,13
41:J,8, 11,1642:4
8,249,5,7,20
2904,6,23
30,4
bars 50:6,8,12,16
44:645:1446:21
42:7,10,14,20,22
ILl514,1619,8
42,1565,5,7693
50,17,23
47,449,1159,17
43,3,5,7,9,19,22
20: 10,12,13, 15,19 asking 11 :23 J5:7
Bar's
5:14
64,1765,1873,2
43:2544:6,11,15
20:21 24:525:9
15:10
17:3,4,7
based
5:5 20:23
access 44: 14
44:16,17,2145:9
26:1430:2331:3
18,18,2322,5,5,6
64,20
accurate 6:2353:15
45: 10,14,15,18,20
34:1137:1238:4
27,12,13,2228,7
basis 28:3 49:7
ACOA34:24
45:23 46:5,8, II
38,539,1,12
28,1030,8,10
beer44:20
54:6,25
action 76:J9 77:9
46,13,14,15,18,21
40:12,20,2141:1
38:639:114l:l2
54:2555:1
activities 62: 15, 17
46:2447:4,18
41: 12,16,19 44:9
41:1344:745:13
behavior 59:5,6
activity 62:7,8 65:9
48: I ,8,12,14,21
47:2448:149:15
45:1746:23,24
believe 6:6 8: 17
add 79:2,2,2
48,22 495,11,15
5107 52, 10,25
48,749,9,12,19
10:5,611:1,24
addicted 15:19
49:20,25 50:4,24
66,2567,7,9,11
49:2452:955:4,4
13:914:3,21
15:2
addiction 5: 19
52:2253:4,12,17
answer 5:6,16,18
55:21,22,23,24
16,617,14,18,20
53:1854:9,14,17
11:2412:1,2,6,8
5:236:18:8,13
56,205804 65,10
19:2520:1,3,4
55:556:13,16,18
12:14,1813:10,13
15:12,2416:18
69:1870:17
21:423:6,824:10
56,23,2458,6,9
14:7,8,10,2315:5
19:3,4,5,2025:25 asks 27:18
27: II 28:22 30: 14
58,11,16,18,25
23:1941:869:6
27:1,1631:13,16
asserting 18:9
31:2432:7,13
59:5,7,9,17,19,22
address 13:20 15:4
33,13,1936018
assertion 18: II
33,10,1834,19
60:1,1,4,8,11,14
45:2546:1747:8
65,11 72,23
ASSOCIATES 1,1
41:2542:7,21
47,97409
60,17,20,21,23
answered 26:22
77:1
47:848:1351:12
61,1,264,16
AddlDelete 79:7
29,8
assume 6:25
13 5306 5602,4
51:
65,1867:20,23
admiSSion I:} 14:7
answering 16: 19
attached 63:378:7
56,13,166204,10
5:21
69,7,1070,2,6,9
3!:l865:14
80,17
62:12,1463:14,19
admit41:5,6
70:11,19,2471:2
answers 5: 15 69: 17 attask 60:20
63,2564,2566,13
71,9,12,14,23
admitted 35:19
69,22
attend 8:21 9:1,19
66,15,216708
47,25
72:973:2,8,14,20 Antabuse 52:22
9,25 10,325,12
69,1,8,9,13,14
73:2374:1
admitting 32:7
antiseptic 49:22
26,3 30,23 3103
70,2372,10,18
alCOholic J 1:8,9,13
adversely 59: I
anybody 20: 12
attendance
5:6
8:24
73,21,24
affain 21:4
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9:00 77:16
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06 2002 9:25AM

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FACSIMILE COVER SHEET

DOUGLAS E. TUCKER, M.D.
2887 COLLEGE AVENUE, SUITE 108, BERKELEY, CA 94705
TEL (510) 496-6077 FAX (510) 8488699

Date:

To:

r)J$"""'-

Fax No.:
Re:

~~ ,~.Tr~ ~

(~(,) ,;<,~

"2.."22:V

VVJ.

Number of pages including Cover Sheet:

Comments:

II(~ If iG; ~ ~ W[g

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OfFICE OF THE CHIEF TRIAL COUNSEL I

IMP'ORT 4NT/CONFlDE!....T1AJ.: nb mmmuIIlc.o.tJa. hi InlUldtd onl), for th UM of Ihe J.d.h1d ..J or ullty I, "'hili it I, .ddrtt.Md.
Tbit tn lllloio, clnl.i,., laIorrQUOn from , prlva.le pb)'.klan ",hkb IDlY b. prlvUtltd.. nlllfldull,l .. d rnl!lCl' rrom di.dal1.,.. .fJdo.
Irp!JcahlrllJlul.. trlbr rudtr af tllh mmnlun/util)lll not Ihelnltadtd rrdplcnl or duly dd.'ttd lila! of lUI redpllllt .hUiN ... lIh
Cdl~lT)' of ~f'O!Dmu.I.,.lIo. 10 1111 Inlwdtd r.dpltJIl, you o.n btrlby lotlUld th.1 Iny dJo,.lIlIIlUlloo, dlllrlbilloo, f_InUlllr
"'pyll'l of 1l1l.I 1""Jmluloll II Ilrlttty prohibited.
co' n'ljtJED RAIHNC IMPLIES CONSENT TO TltE AnOVE NOTICE

11
0"'

Ma~

06 2002 9;26AH

HP LASERJET 3330

p.2

DOUGLAS E. TUCKER, M D
DIPLOMATE, AMERICAN BOARD OF PSYCHlA
AND NEUROLOGY
2887 COLLEGE AVENUE 11108, BERKELEY, CA 94705
TEL (510) 4966077
FAX (510) 848.8699

TItY

I
I

I
I

Susan I. Kagan, Deputy Trial Counsel

Office of the Chief Trial COlUlScl- Enforcement
State Bar of California
101 Howard St.
San Francisco, CA 94105
Fax; (415) 538-2220
May 7,2007

Re:

Zachary B. Coughlin
Case No. 06-M13iS5
DOB 9-27-76

Dear Ms. Kagan:

Pursuant to your request, J have performed a forensic/clinical assessment of Mr.
Coughlin, focusing in particular on whether he currently suffers from alcohol abuse or
other drug abuse or dependency, and if so, what if any mortitoring, testing or treatment
are recommended. As part of this assessment, I interviewed Mr. Coughlin at my office
for three hours and 10 minutes on 427-07, and reviewed the following documents:
1) Mr. Coughlin's 9-28-02 application for admission to the State Bar of
California and updates to the application;

2) transcript of Mr. Coughlin's testimony at his deposition on 3-2-07;

3) police report and toxicology results from Mr. Coughlin's arrest on 1-23-03;
4) medical reports of the following physicians and psychologists: Alan Wong M.

D., Mujahid Rasul M. D., Ouver Ocskay Ph.D., and Robert Hunter Ph.D.;
5) transcript from the informal conference on 7-8-04 between Mr. Coughlin and
tbe California Committee of Bar Examiners;

6) records of Ute Office of Admissions of the State Bar of Nevada in connection

with Mr. Coughlin's admission. including the transcript from the formal bearings
on 3-1-02 and 6-21-02 before the State Bar of Nevada; and

Ma~ 06 2002 9:26AM

.-

HP LASERJET 3330
p.3

Zachary Coughlin evaluation

2

7)~rd.er Gran1~g S!ate Bar's Renewed Motion to Require Applicant to Submit to

a

~lCal Exanunahon, State Bar CoUrt of California Hearing Depmment. San

FranCISCO, 4.17.07.
Conclusions

1. Violations

~~eValuation. was triggered by a history of ethical and legal violations

which will be
li~e y sllDUnanzed. In May 2900 Mr. Coughlin took SID from the cban~edrawer at a
rary where he worked, leaVing an IOU and reponedly returning the money the next
d~y. On 71501 he w~s Supposed to twn in hard and digital copies of a [mal paper for
his cy~er law c!ass, which the professor was unable 10 locate, and Mr. Coughlin later sent
offensIve e-matls to the professor related to this issue, and eventually submitted an
unprofesslon.al "rougb draft." On 10-21--01 he was arrested after sneaking into a movie
theater, runnmg from theater personnel after he was caught, and resisting arrest by police.
On 1-2303 he was arrested for nUl (marijuana), pled gUilty to a misdemeanor "dry
reckl~ss" driving charge, and was coUrt-ordered to attend Alcoholics Anonymous
meetings. In September 2005 he entered the California Lawyer Assistance Program
(LAP) after more than a year of delay caused by .his resistance to subrrutting his medical
records, and was eventually terminated by the program in April 2006 for noncompliance
with conditions.

2. Substance Abuse
Based on the information cWl'ently available to me, it appears that Mr. Coughlin meets
diagnostic criteria for Alcohol and Marijuana Abuse, as defined in the DSMIV- TR
(Diagnostic and Statistical Manual, 4th edition, oftbe American Psychiatric Association,
2000). By self-report, be has not had any alcohol or marijuana since March 2003. He
reported first drinking alcohol in his early 20s in college, rarely more than 3 days per
week, any day of the week, mainJy at bars or parties, and this eventually became
"excessive" ("more than r wanted',). His drinking continued to escalate in law school.
especially during his second year, as he attempted to quell his chronic and progressive
back and neck pain. He eventuaUy joined Alcoholics Anonymous on 1-1-02 and
reportedly remained sober for a year. (However, he told me that alcohol played a role in
his arrest on 10-2101 after sneaJOng into the movie tbeater). He returned to drinlcing in
January 2003 after moving to Sacramento "because I was ambivalent about whether I was
an alcoholic." He noted that attorneys in this firm drank na lot, n and that as an Associate
one ofms roles was to serve drinks at their Friday afternoon meetings. He was
eventually Jet go from this finn io February 2003 after his DUr arrest, and he stated. that
be has not had any alcohol since that time.

Mr. Coughlin received a score of 14 on the Michigan Alcoholism Screening Test, a

diagnostic questionnaire in wbicb a score ofthre~ points or less i~ considered. ,
nonalcoholic, four points is suggestive of alcoholl~m, ~d five POUlts or more mdJca~es a
diagnosis <?f alcoholism. He has an extensive farruly history ofalcohoJ problems, With

HR~ DB 2002 9:26AM

HP lASERJET 3330

p.4

Zachary Coughlin evaluation

3
alcoho I dependence in his father atcm
as alcohol-related DUI aTtests' ' :
,al grandmother, and maternal grandfather as well
demonstrated that al11iver fun ~ o~ S,lsters, Laboratory evaluation on 4-27-07 '
evidence of current a]cohol-re~:~~~ ]li~~C~ were curre~tly wi,thin normal limits (i.e., no
date was likewise negative Ii aU b r amage). UnDe tOXIcology screening on that
of alcoholism. urinary eth 1o~
su .stan~es tested. An additional lest for the presence
y g uCUToDlde, IS pending at the time of this report.
Other than a1cohol, there is no evidence th Mr
.
other substances of abuse other
.. at
. Co~~n has had problems with any
marijuana durin
11
. . than manJuana. He mdlcated that he first smoked
parties. This es;a~~te:.ge~n hiS early 20s, smoking ap~roximately once per month at
once or twice w
a er be ~ov~d to Sacramento m early 2003, when he smoked
was arrested 00 ~~~J..~~ :~e WIth hi.S chronic pain condition. ~s. described above, he
of m .j'
pled guilty to charges related to drivmg under the influence
well :Jjuana, f~adl.n~ to .court-ordered atteodance at Alcoholics Anonymous meetings as
.. ass.o
S)O WJth a law firm. During our interview he denied smoking
manJuana smce March 2003 because of the risk to his legal career.
3. Ps~c~atric Disorders Cont~buting to Substance Abuse Vulnerability
In additlon to alcoh.ol ~d ~anluana abuse, Mr. Coughlin meets diagnostic criteria for
several. other psychiatnc dls~rders which contribute to rus liability to abuse substances.
These. mclude ADHD Co~blDed Type (Attention Deficit-Hyperactivity Disorder),
chroruc back and neck pam, chronic depression, and passive-aggressive and
oppositional-defiant personality traits.
Mr. Coughlin reported that he has had ADIID since childhood, though it was never
treated at that time. Symptoms ofh.yperactivity, impulsivity and attention-deficit have
persisted into adulthood, and have affected him personally, professionally and
academicaUy. These have included difficulty sitting through classes and meetings,
difficulty starting and finishing homework assignments, seeking out high-stimulation
activities, frequent restlessness and boredom, avoidance of detailed and meticulous
activities which feel mundane and boring, "workaholism," "byperfocus on some azeas
and inadequate focus on others," impaired social functioning with frequent missing of
social cues, lack of patience or attention required to maintain social relationships,
disorganization, and feeling "spaced-out" or "in a fog." His family history is significant
for identical ADHD symptoms and impainnent in his father and a maternal uncle. He
was officially diagnosed with ADHD by Dr. Rasul in 2003 and prescribod Adderall
(prescription amphetamine) with good result, but this was tapered and discontinued in
September 2006 because of concerns about substance abuse voiced by his father and the
California LAP. Since stopping Adderall he has felt more restless, less focused, and
more fatigued and depressed. Other medications he has taken for ADHD include
clonidine for two years, and WeIJbutrin XL 300 mg daily which he continues to take.

Mr. Coughlin reported chronic progressive neck ~~ b~ck pain s~ce age 19 c~use~ by a
vanety of spbrts and automobile accident-related mJunes. There IS also a fanuly history
of back pain on both sides of his family. Tbis pain has fluctuated over the years, but has

Ma~

06 2002 9:26AM

HP LASERJET 3330

Zachary Coughlin evaluation

p.5

generally. been significant enough to affect his mood and functioning. He was first
tre~ted wlIh narcotics for this condition after law school in 2002, and has received a
vanety of agenls ~clud.ing hydrocodone (Lortab) and OxyConlin (long-acting
oxy~done). He IS currently on no pain medications other than as-needed ibuprofen and
expenen
. rno d erate pam
. as a result. He has used both alcohol and marijuana

.
ces ongomg
m the past to cope with this pain, and denied ever abusing his prescription narcotics.

Mr. Coughlin iD:dicated that he has had problems with chronic. low-grade depression for
many years, WhICh causes general malaise and decreased interest in activities He noted
that this often worsens in coI\iunction with bis pain. He has had about 5-10 ~isOdes of
more severe depression in his life, but was never hospitalized for these. He is currently
receiving the antidepressant Wellbutrin XL as described above, which is effective both
for depression and ADHD.
Finally, it is apparent that:Mr. Coughlin bas clinically significant pathological personality
trahs which have led to distress as well as psychosocial and professional impairment. He
has demonstrated a variety of passive-aggressive and oppositional-defiant behaviors
throughout his academic and early professional careers, which were evident as well at
clinical interview. These have led to a self-defeating pattern of interactions with others,
including authority figures in particular, contributing in part to the need for the current
evalu.at\on. It is Likely that these maladaptive !rallS are related to the conflicted and
emotionally intense relatiocship he has had with his father throughout his life, as well as
other conditions including chronic pain, chronic depression, ADHD, and possibly
ongoing substance abuse.

4. Treatment Recommendations
Mr. Coughlin indicated that he currently attends AA meetings an average of 3-4 times
per week, but does not have an AA sp.onsor. He experiences "rare" cravjng~ fo~ al,~ohol,
especially when his back and neck pam worsen. He r~ported to ~~ that he 1S Sh.ll o.ot
sure" ifhe has any problems w1th substance abuse, or ifvulnerabllity to alcohohsm IS a
lifelong condition. "I'm not sure if I'm not sure if J have a problem with alcohol, it's a

very subjective thing. I don't know if anyone call be sure that they're an alcoholic." His
only current medications include the antidepressant WeUbutrin XL (also moderately
effective for ADHD) and as-needed ibuprofen for pain.
It seems clear that Mr. Coughlin suffers from a variety of interrelated psychiatric
conditions each ofwbich may serve to exacerbate the others. For example, cruonic pain,
ADHD, d:pressioo, and maladaptive personality tra;.ts are all well-reco~zed as factors
whicb may precipitate and maintain subst~ce abuse. Substance ~buse, In~, often
exacerbates these other conditions. Effective treatment generally mvolves Simultaneous
attention to aU of these problems. In Mr. Coughlin's case, assuming that he is not
currently abusing substances,l would recommend that he receive outpB.?ent colla~r.ative
care from an established pain management program as well as an expenenced add1ctlOn
program. ([[he were currently abusing substances, be. would li~ely require a. residential
rehabilitation program.) A high-quality pain center Wlll be eqUIpped. to prOVIde a range

THE STATE BAR

INTEROFFICE COMMUNICATION

OF CALIFORNIA
Dale

May 4, 2007

To:

Susan Kagan/Bill Slephens

From: Pam

lawyer Assistance Program

POley~

Subject: Requesl for records of Zachary Coughlin

Enclosed you will find find Ihe following:

ConlacllnformaHon
Evaluation Plans/Participation Plan

Correspondence between the lAP and Mr. Coughlin and with his attorney of record, Mr. Jerome
Fishkin

History of illness/Diagnostic ImpressionsNerificalion of Participation

;opoet 0/ !his

message

t~

, 10 III sole use 01 the '"tended reCipient(s) Any revIeW,

disbibulion213-765.1121
OfdlSClDsufl! IIf\d
brothel'S
IS
senderuse
by"call>ll{llhe
del8t., ,,'

"Nii I'!IImage
mayIfcotHam
and/orrecl~nl
pnvrleged
, nl) please contact
.lleIly
r;rohobi!ed
you ereconfJdoolial
nollhe m!ended
(ormalena)
auloonzadr toerece .. e for the reopII

0 -,

-1

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1997- 98

Fellowship in Forenail;' ~s)\'hi"\T)

I. Luke's Mcdi...."ll. . . \\\'"

RUlb-Ptosbytorian~

Douglas E. Tucker, M.D.

Page 2

RF.CENT HONORS/AWARDS
2006

Elect~d 10 status of Di!ltlllgllish~d h'lltm lit

American Psychintric Assor.:iilllUn

Ihl'

ACADF.~IIC APPOINTMENTS

1988-97

As~istant Clinical Professor of Psydlhllry,

Umvcrsity of ('alifomia. Los Angcks Schon! lit Mt:dlrltu'

1994-97

Faculty. UCLA ForclHlic ['sychiutry !,'c lluwllhlp

1997-98

Assistant Professor of Psyc hiatry,

Rush Medical College, Chicago

1998-2001

Assistant ('linien! Professor of Psychialry.

University of('ahfomia. San Francisr.:o St:!lIln! of t-.kdlrllll'

2000-

Faculty. UCSr: Forensic Psychiatry Fello\\'!lhlp

2001-

Associate Clinica l Professor ofPsychiutry,

UniverslIy ofCalifomia. San Frnneiscll Schtlll! tlf r-.lnll~tlll

BOARD/SOCIETY CERTIFICATIONS
1989- Diplomate in Psychiatry
American Board of Psychiatry lind Neurology
1992- Certified by examination in alcoholism lind other drug dCpltllkllrll'~
American Society of Addiction Medicine
1993- Added Qualifications in Addiction Psychiatry
American Board of Psychiatry and Neurology
1994- Added Qualifications in Forensic PsychiUlry
American Board of Psychiatry and Neum!u!-\y

UCENSUlUt

California Medicnll .1.('cn,.!- C.II If'!l1i 0 .. Jl ttr ,,1 1111' III

DUnoi. Medical
U.S. Drug

jI

I If VItllili. rI III I' ," I' 'jllhl;ll

Llcen.c (jdtrfllHrUllillllllllfU!,' r I1Vn.IlItI,I,\ 111,lm

'''lu,,,,I,

E~~n::~enl Adtninilalrillilltl ( ""t,,/IINI HuhoUulf. , ,jf ,,;,11." (f,ll fihfIlMIO',

numucr IVI,lahla UpOtl n:clur.tll,

PROFESSIONAl, ACTIVI'J'IY.N

1988-92

1989

Stafl P,ychllllnlli. f lullyw""d Mt.:rttailicullih );l:r'lI';&1.

lot Ansel.,. Counly IJCVlJfll1lCfll ul Mell'.' HAlih

Visiting Staff ""Ythullrl.!, t 'mvoJl,ly of (,uadaJaJlul , lVI' H,"PI"',

J.liJeo, Mexico

198990
19!J0.97

Attcndin. P.ychiatrlll and InpatumllJnl1 C:lud.

Wett LA Veteran,' AdmimlluU"N Mediul ('entct, J..IlI An~k:I. f.:.Miltma

Poychialrlc ConIul""t, (leean P,ych"k'lIIcol8crt,CC',

Santa Monic., C.lifornla

MedIcal Di_, Duol rna_i. 'f""'ment Pro......, We I". AntIdco

V ........ ' WII.. Modical Center, Loto Anpln, CaJ,~.

I'I)cbIIIrio C-1IInI, Ufe Adj_ T..... Cui ... C.lly, Cahron..

~ ,.,cllillric IIohIbIIlIIIlon ~. CIioJIcIIIIaaRh CcoIer
......'..,opbrtaiallld poyobialrlc RehablJ/IIIlon, lJU.A

l)ougl:lS f' rud.er, M /),

Pag.: 4

11)95_ 1)6

A lIencli 11 gI ('nmiull iLlll I'Hyd 1Ii1111HI !rUl,'r 1-illl11 It ( Hili rIlIIut y Mt"UIo,1 III: IJ1I1
Clinic, SI KlIda Austmlla
-j

1()1)5_ I J()

<)96-97

Attend i 11g! ('ol1!iull all! I'hyduil1r itd. I)cpUrlmt:1I1 ul J )nw alltl A k/lhul
StudlCH, SL VIIICCI1I's IlulI]lllal Mdhll1J1llc, Alllillillia

Attending, PHychia1nHt, !flydllilI1 IC [rHcl1Hivc ("an' I lilli, W'-~:o;1 IO!j Anp,de.,.

Veterans Aflatrfi Medical ('Cllltl', l.(Hi AllgeIeR, ("aldt)lflla

lOC)()

Independent Mcdlcall':xII111111(:r, P'Iyci1iallic 1)IHUbllltyC'CHIHUI1al1\" Inr,

Nor1hanlJ')lon. MasRilclillflCl111

1990-

independent Medical Exallllller, C'ollccll1 ra Preferrcd Syf-ltC1HH(prcvimuily

Managed J le.IIth Ilcndil(;), W1I1111l}(hm\, ('OIIIICClll.:ut

1'Jt>R-9c)

Atlendlllg Psychialri!i1, I'sychmloc iul MedICine ('lime, Sail h"illiCil-ieo

Gcncral llospilid

1995,20fJO

Attending P"ycliiatrisr, New !.e:tfTreulrmmt ('enter, ('oncord, Cuhfnrniu

1998 200(J

Member, hm:rlsic Mcntnl ll cn ith PIIIlCI, Supcrior Court UfCllhfi)t"nia,

San Maten

1998-2000

Member, ForenSIc Meruai ll ca lih I'anel, Su peri or ('ourt of ('u lt forma,

Sun Francrsco
1998-2002

1998-

'''urcilsic I',vlt lu utor, ('a irfo rn ia I)cpllrtlllent of Menul l li eu Ith,

Sex O m.:ndcr Screen ing lind I ~va l uatio n Program
psychiatric

CUlHiII ltant, Committee 01" Bnr 1':xml1I1lCrB. Siale Bill

or

C allfomia

1999-

Starr Ph YSICian, Rock Medl cll1e Program , Ilai ght AHhhury Free (' \rilles tile"

San Francisco
19C)C)-

Independent Medical EXllminer, Hellchmark AdlllllliHlrativc SelVlces,

5_10, California

Officer, MRO Services, Inc., San 1."'lIl1dro, ('uld'tunia

2000-

Expert Medica l Reviewer, Mcdu,:ul Hoaul til ( 'nhfoPua, Sou'ran",'n!

California

2000

Associate Editor, California Socu:ty Ilf Atldl,tion \'c:chtinc

200 I

Presi dent, llay Arc;l Mcntailleahh AUtl('i;lle5

2002.2(0)

Forensic Evaluator, Sexually VIolent Pu:dalor I ;ml, Kin" t Qunty

Prosecuting Attomcys. Wil .. llIn~t(J11

2002

"""-11t1l0

Psyc1uatric C'onsultilill. Board III" Bar !ix.ullInm, '\UPTen-te CGurt 01

Texas

2003

Forensic EVlIlmllor, Wash11l~lun St.lle I>('parlm ent o( ('orTe<liOllJ, JOIllI

Forensic Unit (Sexually Vlnlent I'rcd,lhn CommllIllCD( Progr.am)

2()()4.

Psychiatric Consultant. Llbcrty IIcillthcafe Cnrporahnn fdlllle,,1

management of conditionally released "ScxuJ,lIy Vililent P',cdatoB" III
California)

TEACHING
1989-95

Clinical Supervisor and Attending Ph)'1iclan, t J( 'I.A Matlc;!1 S,hOtII, '\fll

and 4th year medical student c1erkshlps in psychiatry

1990-95

Clinical Supervisor. UCLA Departmenl of P'ychl'UY ResIdency hlucalln"

Pro~ Ist year resident inpatient psychiatry rotation

1990-95

LeoIunI". MedicallIUdonI pB)'thialric lecture sen"" (Clerk, hlp PS I /)-1" I.

"MIIDIl,DUaallrl," Brentwood VAMC

~...=::=:~ency
~_.

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_d:ly~talions.

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Doug/as E. Tucker, M.D

Page 8

2001 -05

2002-05

2004

Forensic Sciences Committee

American Society of Addiclion Medicine
Psychopharmacology Commiltee
American Academy of Psychiatry and the Law
Technology Committee
American Academy of Psychiatry and the Law

Pl:BI.ICA nONI JOURNAL REVIEWS

Consultant/Reviewer, "The Community Re-Entry Program: A Rehabilitation Module for
Training Community Adaptation Skills," The Social and Independent Living Skills Series,
51 MacKain & RP Liberman, 1995.
Consultant/Reviewer, "Of Psychopaths and Pendulums: Legal and Psychiatric Treatment
of Sex Offenders in the United States," Brakel 1.0. and Cavanaugh 1.L., New Mexico Law
Review, Vol. 30, No. I, Winter 2000, 69-94.
ConsultantlReviewer. "Just Like a Woman, ReaJDoJls and Paraphilia," Laslocky M.,
Salon.com Magazine, 2005.

Peer Reviewerl Independent Referee for:

American Journal on Addictions
Annals of Internal Medicine
Health Research Council of New Zealand
Journal of Dual Diagnosis
Journal of psychoactive Drugs

Schizophrenia Bulletin
Schizophrenia Research

The Jowna1 oCNervous and Mental Disease

J J..'UIIJ

l.:.u:;.::! _", M II

", (11 ,1( A"t,

,ViiI;:,.; ;",.,
A i:.:';;:;// 'I ud:cr VI:
Mtnphln:-

t=,

lif '

atHl

(.6y

Ott. Walker BB, Akil H, 0Des-Tyrosmc-D>norphin

Phorm, 85 (1982,. 121-122.

AnaJ~s1.it," FUrf)peon J

Liberman KP Perspectives on the Future of Psychiatry: Biobehavioral

-:JfiY If)r Ji'J:1lly Jt:gtuJ$Cd Suhstance Abusing Schl7.-Ophrenics. in Proceedings of the

IJnllm', ( 11II/~" 1 '4I/u' ( ''-Imp/II/emf! (/lIh'erflly, ." fadrid, 1991.

.i.uhcr:' I I , "lh~:" A, f:.ebnan TA, 'J.:lClcer DE, Vaccaro JV, "Effectively Treating
! 1IjI,'ur.:AbuJ)ng ~chl/,l/phrerucs: Mission Impossible?" in Liberman, R. (00.). New
/lir. :"I/fJ/ll!fll MI."wll/l-'fl/th\'er.,u(!s. ~o. 53, Spring 1992. Jossey-Bass, Inc., 55-65.

.,

LI

..;

/. Aff Ar..nguren FP. eI aI., tds. University of Guadalajara Cbnician's Manual.

I-,;I"'~,

ny"r ( :uad.daJara Press,

1993. Authored aJl sections on psychiatry.

1,>- (

r:~mo M. Mm'/.), paz G, Arias M, Tucker 0, Lopez S, "Inunigrant Families

(~~rl"g w.,h ...chl,mpnrema; Behavioral Family Intervention vs. Case Management with a
I A)W, IUc'")fIlC Spam~_h Speaking fJopuiation," Brllish Journal of Psychiatry (1995). \'01.
i 1,1. ~', If,,473 .47'J.
I'

haria A. r c.Junan TA H,obcrts IJ, Wilkins J1'\, Tucker DE. Tsuang JW, Mintz J,
ilililhillty Incorne, Coca inC {jsc and Repeated Hospitalization Among Schizophrenic
( '(jC.:ilnC Abuser::: A (iovcmmcnt Sponsored Revolving Door?" New England Journal of
M(,t!/cll/C (JfJ?~J. \-'01 333. "lo. 12,777-783.
Wllkm, J, ( iorclick I), J..c\-'IOC D. Gold J, von Raffay V, Tucker D, Roberts L, Eckman T,
J{.u;cnstclII J, Shaner A. Ahhofteh A, Jerger D, Li S, "Double-Blind Trial of Desipramine
fur I rCdlmcllt of ('{Jcall1c Abusing Schizophrenics." NlDA Research Monograph Series
o f~' II"Iihltwrr of IJrug [)('pendence /995, 6/95.
~h.ancr A. klJhcrf~ I., Eckman T, Tucker 0, Tsuang J, Wilkins J, Mintz J, Monetary
RCln(orccrncnt of Abstinence from Cocaine Among Mentally III Patients with Cocaine

f)"pendence, I'sydlllltric Services (\997), vol. 48, No.6, 807-8\ O.

Shan... A, Roberti U, Eckman TA, Racenstein JM, Tucker DE, Tsuang 1, and Mintz 1,
Soun:et of Oia8J1oItic Uncertainty for Chronically Psychotic Cocaine Abusers, Psychiatric
....rvtea (1998), vol. 49, No. S,684-690.

sa.....Ir

f."''''

U IIIId Eckman TA, Disability Income, Cocaine

I hllllllll'l I'
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V'II 2(" Nf, 2

All,lIolllII ("m,uIUlh'm i(cg.<:ttding f.tJF)XJfationl and

Nt,"",It,,,,,,. of IIII' ('IIf1!rmJlII .)"fII/I'ty '4 Addlfl/'In Mp4/rme (2()Ol), Vol 2"'1

I)eul,," h R. '11II:hr III':, I (Ire' ifill(;

BWrilll("lI1lrtl.

Nu.4

SltIith IlIl., (illIl! W, "l'm.Mcr I ,,~. I)clIl~.h J(, Styrn(Jur J( U. Drug l e1ting in the Wori::place:
IntcKnllill,K Mt:d'fUI l{cvlCw ()Iliter (MH( J) fJulle. inlQ ()C(;tJpational MedICine Practice.
ill J. Zwehcn (cd.). Addlt't/Illn ,,, 11/1' W,,,k,,IIIf'f' (2(]l12). volume 17. no. 1
Tucker I>P. ACCOlllll1udulilJllI1 1m 1'lJydnallH.: IJI~abilititi on the Bar E-xamination:
Pcnpcclivetl 'hun lin Expert U,c:viewer, The flllr Rxamurer(2(tJ2,. Vol. 71. No.4, 14-19.

Tucker Dn and Hrukel SJ. Sexually Vi(,lcnl Predator Law!. in R.. Rosner (ed.), Principia
nnd Prlll'llre of Forf:'I1.'/C' I'.,ychilltry,

RdillfJn. f nndon: Arnold, 2(t)3.

ruckot DE. Introduction to Bioethicli ~tnd Addiction Medicine, New.deller Qfthe

('all/nrnla .vorl.ty 01 Addlrt/on Medldne (2/tJ4), Vol. 29, No.2.
SlIv. JA, lAonI OB, Tucker Oil, Wein.IOOk R, Ferrari MM, The Theory of Mind in
DInpnIUI DtIIIIionII Milldlndllcation, Journal 01 Foren8ic Sciences, in preparation.

,!c.".,

1JII1JMDl of Dual Diagnosis

, . . JIIIIduoed jointly by the

I hllY\'1 ~It \' of Will h'llgnlltol (iwdllatc Schuol of Ilcallh :lIId Medical SClCIH.:C'i with
IIw N~'\\ S{'lIth \V,dl'S hhl~illlull atld I rilll1ing FOllncilllil)l1, N.S.W., AUhlrahn
J.lt}

1\ kdlil hlll'l' Il'W "l)s),l'lminglcal Pmfilc!J of MaIm Murdcrcr~"

1t) 1'\' N~'twm).. News (Nuticl1lull':dltlun)

"nOll

\bha hH~''''Il'w' "Meg.tIl's I.aw aud Sexual Offender Prison Release Issues," Palo
\ttl\ llall~' N~'''s

'00'

i\tnli:\ Inter\,ic\\' "M~giln's tuw lind C lergy Sexual Orrender Issues," San
H~'l1lardill\)/ I~ht:rsld c ('ounty Press Enterprise, California

' i ' .,

\lnUa lnh:r\'ie\\ "Child Mlliesters and Community Safety," San Francisco

( hrnlllrk

"

.\kdta Inlt:r\,l~''': "Currently Available Treatment for Sex Offenders," Munhwa

Bl'n:llkasling Corp., Seoul, South Korea

PRon '~IO'\I PRESENTHIONS (SEU:CTEIl)

I ~S\)

"DepreSSion in the Medically III," University of Guadalajara Civilllospital,

Department of In lema I Medicine Grand Rounds, Jalisco, Mexico

1189

"Psychl:1try in r..lc:xico," UCLA Neuropsychiatric Institute. Transcultural and

(\llllmunHy Mcnluillealth Seminar, Los Angeles

1991

The Future of Biobehavioral Therapy In Psychiatry," Universidad Complutense de

~tatlrid. Slimmer Courses, Madrid, Spain

1992 "~klhcaJ Aspects of Substance Abuse,"

West Los Angeles VA Medical Center,

Department of Intemal Medicine Grand Rounds

:992

"Po,.lariju:ma Jnd psychedelics," California Society of Addiction Medicine, \ 992

Revie'\\' Course, Long Beach, California

1995

"Drug Dependence and Headache," UCLA School of Dentistry, Chrol\lc Pain

fellowship Seminar Series in Complex Headache, Los Angeles

1995

"forensic Aspccls of Substance Abuse," UCLA Neuropsychiatric Institllte.

"!III<\I!\".) '~:U'IUOW '.I1U!W' NUI!JI([-o

1'~\Hh1.) ' U~'II\~ I')\ISSV "1,)\\\L\)I'~ll ,1I1~lncllIHUl~I!1".) fQ='! ltmr l'U'W~ ttl .,(owOUV
\lIIIJ\\JlI11.)

,,'S;)SIl'~I')t I 11\11\\\ ,'1\111\1\ pUll 1.')ll111SIO .)IIU'I,\(SclllOlnPll1.";:'UUJrqns,,

tl661

11,11>1.1\11'\.01 1illS 'Pllld~1111 Illl,.'1\1.~t.l Il,lSI.lllt'!':1

\I\~S UIIIHlh'lS mill\\! I I .: .)I' IHI \ .1.m\I II'IIl\~ plLll hlp II '''I{ I 1'''.) liS ,II )1 1111111'1 I
hUII,'( I "Ihu P,II ~ 11!1I1l11 \' \\1' 1 .1\1\ pHIL_\ L)I11II'\'\"t1 .II I
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'0011

"\ k\!I\';I! ,(111 rr\';'IIIII.'1I1 of ~n, nul Onl'lIlh.'r,s," ( '1Ildi1nllll Scx ua I AS!llIult
Ill, \'~II~illl\l~ .\,sS\I\,.,lI HIll {~u Ii 1i.1I nill ( 'Ou l. l HHI 011 SC)( 'UlI ()f/Clld"IN, .1hl 1\ 1111Ull)
rr.lIl11l1g ;lIId I'n,'al ownl {\mll'no.'" el', Ikr"-clcy. Call1i)I'J1T1I

'0(\1 ,

"\ It",tall)ISllrdl'l' Ulll.l SI.'\ual Ilomicidc," Onicc l)f the Stille Puhlic l)cJcndcr, Sal'
1 r"UK1Sl'\1, (';, IT I\mli" (\' 'licol'onfcrcncc.!d 10 Silcrumcnto)

'l~"l

";\kd ,(.iI Aspccts 1.,t'SuhSllllll'C Ahusc," Drug t':nforccmcnt Administration, Sail

FnulI'isl',) Fidd I)l\lsioll, DCTl1l1nu Reduction Seminar, SucrIIll1cnto, Culiforma

~()O()

"nl1Jg illld ,\lcohlll-Rclnlcd Violence," Puhlic DlJfcndcrs' Orricc, Contra ('osta

('ounly,1\lartlllcl. C'ali lom iu

~t~lI

"ForCllsic Aspects of Impulse Control Disorders and Behavioral Addictions,"

AUlI:ncan Academy of PsychiutlY and the Law, Annual Meeting. Boston

2001

"Drug Aousc In the Workpillce," 3yd Annual Mcdical-Scientific Conrcrcncc.

Amcrican Society of Addiction Medicine. Atlanta

rd
2002 "Medicolegal Aspects of Club Drugs/' 33 Annual Medical-Scientific Conference.
American Society of Addiction Medicine, Atlanta

2002 ""tl siv CoDaiderationa with Ecstasy and Ketamine," Forensic Issues in
iII\IGitI~ Workshop, American Society of Addiction Medicine,

I IIIUl'

t.,'J

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)/ '1

ON&: til 'I' ",YI III d. I )~II

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Add I' h'!l1 MI.dlf '"I" WfHk'lhllP. I\mlII('.illI ShtlclynfAdtlicliou
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.Il~ll'"lj I" 1';YIIHllhll. l'h Y~lrI. ,jjlJ, 1 0" (Iillnl:. ('lIlllhll1lil

J(11/4

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J'Iye IIIUII Y ,lIld Ihe I ,IIW. AIII II '" I Mt:!:! Iny,. Smtl!oldalc, An/Qllu

'I'l l"'''''!;

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and Violence," ( 'a brorllill Society or Addiction

i'.t1uril I1lJ1l Plograln, ()akl!lI1d, ( ' altforniu

" htlil y J 1111111'11"'111U lJlIIJ(, l .cvd In!t:rprcIUIHHl 111 "orcllfiic Cascs." American
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( (/llwlc:I. Mill Yea I Mr:cIJlIK. Salt 1.llke ('Ily, lltuh

" Mpltclll

A~'iC~~"It:"1

A!cY'~I"II"" III

jllIII '1Icalnu:l1l of Sexual {)llcndcrH," Forensic McnUllllcalth

( 'ahlcHl1ill, 1()tI' Annual ('Olllcrcnce, Seilludc, California

"iJl1l Mock Trial," Cla,ml Conference of Northern ('"hfurnia, Oakland, California

"Cltnie.11IIII LqII Manaaoment of Dangcroul Serial Offenders 111 t'anuda and tho
Unitld .. Izn" ~III Acldemy of Plychiatry I1I1d the Law, Annual Meeting,

~oo"

2006

2006

"Psychiatric Aspects or Arsoll," hHl'OHIt'

Oukland, Calirornla

Sl'I~'IIIT" I'rll~'."UIl

"Suhstance Usc in the Real World," t (,S ir Schoulnl M I'll II

medical stud ent elective, San l imllr.:iNCIl

"Biological Treatments lor Sexuul

111',111

1111'

It"y~ t .~, 11.-

.1

"'uulh yr,1/

Of!cndcnl," ( allfllllllil ('/11111111111011 '\":"11.11

Offending. Ninth Annual rrainlllg ('unit-felice. SHIt Malt'll, ,',LI, Inllll,l

2006

Las Tecnologias Scxunlcs A Princlp1UfO Ikl Srl.lil) 2 1. PUNlt'r 1'11','11'111.1111111, ,\", 1I,.I"d
Mcxicana de Gcografiil y EstmlisllCw, l:1l laHlont, 1,1111111,1, Mlt'lulillari. M,:)l:u'o

2006

"Outpat ient M :.magclllcnt () r the Sexually V IUlttl1 I'rcclil!1I1 " A IIlt'III',UI Ai.' ,UII'IIIY 1.1

Psychiatry and the I.aw. AnnuIII Mccllllg. ('llIl'ugo

2006

"Theory of Mind Model orC'apgrn'l J)clllsu,n and Vl(llcllec,"II(I~It'1 PII.''lt'lltall'lll,

American Acaocl11Y or Psychi<llry lind Ihe Law, AmIlHI! Mcellnv" ('hll:aJ~fI

2007

"Scxually Vioicilt Predator Law and Tn':'lll11cnt," MeUlal1 Ivalill law 1'1IIP-1,IlIl ,
Hustings College orlhc LllW, Sun Franci!;co

Coogllhn I01d ..

aIlOme, 01 roootd

Pill1lopohon

!At ....""'"

Po ley. Pam
Full Name:

~Name:
I~Name:
RhJ Title:
Home Address:

Zachary (Zach) Coughlin1

Coughhn1
Zachary
Attorney
2104 Madera
Sacramento, CA 95825

Home:
Mabile:

916-486--0773
702-525-7532

Categories :

LAP - Former

Drug of Choice Lortab, marijuana, alcohol

Sobriety Date:
Sponsor none
Meetings:
Groups One
MentallJlness:
Type of Law' Just passed the Bar
Employment unemployed
MOMor'
"Therapist
Psychiatrist'
Meds
"-reatment None
OCTC ActIon: Moral turpitude problems and a OUI

F ....

~onsultant:

........... # 177
D~k .... 9/27176
Bar'# hasn't been issued a number yet
3113/03 - NS at grp, he's moved back to NV Wilhdrawn from the LAP
3/6/03 - TC wI Zach. Has passed the Nevada and CA Bar Says he has been to all kinds of specialists to fin d the source
of his back pain (C-5/6). Used Loratab and Marijuana to manage his pain. He hasn't had a drink in a couple to weeks,
IJsed pot until he was able to get heaJlh care and then started on Loratab. Was pulled over for not wearing his seatbel!
and blew a 0.0 but he had smoked po! 6 hrs before, received a OUI He's In pain when he sits. He might move back to
Reno where his mo lives. HIs fa IS involved in some type of impaired phy program In NV (fa IS In AA). Zach was living in
Las Vegas for past 4 yrs Seeing Randall Perry, chiropractor, wanls to see a chronic pain guy. Was workmg for a firm,
~hey let him go after our, now unemployed Wants to stay in CA but Isn't sure if he'll be able to financially. Set appl for
I'";take on 3/10 He had lots of questions about what Will happen 10 him, referred him to call Cydney, anonymously.

3/5103 - Janis completed phone intake

Poley. Pam
Full Name:
Ir~Name:
(- Name:
Jo ... fitle:

Zachary (Zach) B, Coughlin2

Coughlin2
Zachary
Attorney

Home Address:

1044 West 1sl Street

Reno, NV 89503

Mobile:

(775) 338-8118

E-mail:
E-mail Display As:

zachcoughJin@hotmail,com
zachcoughlin@holmail,com

Categories:

LAP - Former

Drug of Choice:
$obnety Date: Jan '03
Sponsor
Meetmgs:
Groups: Out of state - Reno
Mental Illness.
Type of Law: Not licensed
Employment self-employed
Monitor
Therapist:
Psychiatrist
Meds.
Tr... .,tment: None
tj "'-.: Action,
EL ,,;msultant
Case # 000-04-0456
DOB 9(27176
Bar # N/A
10!4/~ _ TC from Zach. he thinks he may need to be here but isn't sure about needing to be here for 5 yrs. He thought he
sh,:,uld check in wi his atty, Jerry Fishkin first Asked him some questions about his use of Loratab and pot but he said he
c:; .. jdn"l answer my questions w/out consulting wI Jerry. He has to have a final report in to CBX by Jan 2005, Told him that
would be rushmg things.

3121/04 _ Janis completed phone intake. Jerry Fishkin is ally

Telephone Intake

Completed By: -"PAamIIL_ _ __

r",Date:

6/22/05

Case #
Participant Name: Zachary B

-=:-~~~.~C::OU:g~h~l~in~__________________________

Email: zachcoughlin@hotmaiJ.com
Home Phone: 7753482667

Home Address:

Mobile: 775 338 8118

Pager:

1255 Jones, Ap t 132

City: Reno

-..:::.::.:~--- State: CA

----

Date ofBirth:9/27176

Zip:89503

Marital S_t_._tu,-s..::.::'________ Spouse: ____________

~ame of Employer.:_:::U:::n:::e~m:!p~lo~y~e",dc...._______________________________________
Work Address:
City: _ _ _ _ _ _ _ _ _ State:. _ _ _~Zip'_:_ _ _ __
Phone: _ _ _ _ _ _ _ _ _ _ __

Type of Setting:

OSoio Practice

OGroup Practice

OOther

Area of Practice
Group Facilitator: __________________

Location: _______________________

Case Manager: J:p.Qo1fle'l'~---------------------Dllaa1e..teNotified:

Pro bJems: Substance: ~Aul"co'"b"Olll___________

Mental Illness: aA.J.Dul:t.IDLL_____________

Prior treatment Problem

Faciliryl Therapisl
Chronic pain -

Modality 110

Caller Referred By:

Addressl City

OOCTC

SBC

Judge

Date

Employer

Office Staff

o Family 0 Web 0 TX Facility 0 Colleague 0 PefS. Physician 0 Participant

o Outreach Material OOther
?'Iotes: Paxil CR, Adderall, Clonidine, Oxycontin. Goes to 34 mtgslwk.
BarNo: N/A

Legal Action' CSX \' erb.t1 consent to release information to:

OCTC

0 sse 0

Attorney (name):

THE COlv,MITTEE OF B AR EXAMI NEKS OF

THE STATE BAR OF CALIFORNIA
OFFICE OF ADMISSIONS
18 0 HOWARD S TREET. S AN FR ANC I SCO, CAliFO R NIA
CO"'",IIIt'f!

of Btlr ExI1""tlt!rs

9~10$-t619

(415) SJ8

March 22, 2005

JOHNL DODO
Clt~"

r...,,~

PERSONAL AND CONFIDENTIAL

BEVERLy J EAN GASSNER

scon W

Jerome Fishkin
369 Pine St #627
San Francisco CA 94104

DAVENPO RT

DEAN E. DENNlS

1.4, A~8tIf!:1

RE:

Abeyance, Zach Coughlin

KIMBERlY A. GAAB

Dear Mr. Fishkin:

GALAL S GOUGH. M_D

WKiTNIE C HENDERSON
MARY ANN M, HERLIHY
A~DREW J, HOPWOOD
Sa~ .. F~ Sp;i~&.

JAMES B HUSSEY
JOHNW, KJM
Lor A"fd~
" AN MALKENHORST

r
.... k

HUM6'_ B."rlt

,'RliDEN.HAMtTER

This is in response to your letter dated March 9, 2005, and sent to Kathy
Crary,
regarding the abeyance of Zach Coughlin 's moral character
application.
Me Coughlin 's Abeyance Stipulation requires that his abeyance be
monitored by the Lawyers Assistance Program. This program has been
designed to handle, and routinely does monitor, persons who Jive oul-ofstate as well as California residents.
Un til Mr. Coughlin enrolls in the State Bar of California's Lawyers
Assistance Program, he is not fulfilling the terms of his Abeyance
Stipulation.

ANNE E SHEEHAN
LEE H WALLACH
MATTHEW B WEINBERG
Sa" Ft'GM'U(I

ALA...: S_ YOCHELSQN

u,.AIt:du

If he does not enroll in the Lawyers Assistance Program by April 15, 2005,
the Committee of Bar Examiners will be considering his application in light
of his failure to comply with the abeyance stipulation.

rely,

"-' dt

i /,

ebr~ ~~;PhY

JEROME BRAUN

.$0",.. u,~,_

.....u,_

GAYLE E MURPHY

0.,""",,,,_ Ad..m""""",

JOHN It RODRIGUEZ
'" ~".,,," U"""1l' '''UOI

EBRA MURPHY LAWSON

Dir4>"
oJ Cliu-.. lklf!:T""IUI'"",-,
DEAN E. BARBIERI
D.rn,., &'-'''allt''u

.'

Lawson, Director
Mo ral Character Determinations

)0)

..... ,J
1M" .11 =

..!.___
Plan
..it-rN

......5'!dandw,e~
=---.::~
like
S~

thai you 'igned u that is r.omething that i!t 'igned upon intake. You haven't
to do thai. Anything that)'01.1 ma), have ~docloredM rOf eitherlhe EP Of a release
Atio. Id
yourcoofttnllo speak to Debra LawlOn 10 make sure this is not a waste or lime

.rs . . . . . . .

via. . .

hIII ........~ 1M MX111ep iD &be proteH of being evalUed by the LAP program. I will call you on
wlII be ob~ to ......"''' proems
of.m.n. "." ........ way to
...
_ _ I ........ Mr.Fbhklnmy.I..... LAPf...... (...Iucfin& ....._ ... ..................,. bow.... J ..vc another let of ori&inals IbaII can aead directly lOyou. if

..... 1oI ... _

I' .......... I_Id ..................-

ii~i~s~E~~=the;~-

......

_let

. I dki not undmtIOd wbdber I was to inIerl the DIIHS and

ofportieo who . . """""""
10 'obIaInIcmclooc'
left h blonk untilireoeivellorther
-.
me


~un 10 05 03;SSp
14]57017290

p _l

Jerome Fishkin
ArrORNEYATLAw

PHONE; 415.43.1300

WWW.Fishki.n.l..aw.com.Jcromc@FishkinI..aw.oom

fAX: 415.78q290
UncU.y Kohut SImer
O{Counse]

June 10. 2005

Janis ThIbault, MFT
lawyer's ASsistance Program
State Bar of California
1149 South Hill Street
los Angeles CA 90015-2299

FAX 213.765_1122

In fa ; loch Coughlin
Dear Ms. ThIbault:

lOCh Coughlin has Signed the contracts, as modified per ow correspondence. Copies
are enclosed. He wiU be COJling the LAP numbel. 213.765.1190 forthwith, to get thIngs
starfed.

\ Very Truly Yours.

copy: Debra Murphy Lawson,
DIrector Moral Character Determinations

'=

J un

10 OS

03:S9p
FiShkin-Slat.ter
14157817290

p.l

Jerome Fishkin
)69 PINE STREET SUITE 627
SAN FRANCISCO CA 94104

AlTORNEyAT L4w

WWW.Fishki.nJ...dw.comJerome@FishkinLaw.com

P!-10NE: 415.40).130
FAX: 415.781.7290
Ltndsiy Kohut S!~ttet
OfCoWl5t'I

June 10. 2005

Janis ThIbaUlt, MFT
lowyer's Assistance Program
Stale Bar of California
1149 South Hill Street
los Angeles CA 90015-2299

FAX 213.765.1122

In fe: lach Coughlin

Dear Ms. ThIbault:

lach COUghlin has signed the contracts, as mOdified per our correspondence. Copies
are enclosed. He will be Calling the LAP number, 213.765.1190 forthwith, to get things

started.

\ Very Truly Yours,

copy: Debra Murphy lawson,
(\
Drrector Moral Character Determinations

"

....

Apr

13 O::i 03:00p

("f15J?Ol-?0!90

J'he patpo5e of this doc\llmelrt ts to set bib the i&:rmi- aod coaditioas of my
patioiplaaa. In Ibo Propa!a durio.s the evalnatioo. JIrOC'l!'lL'.

~ tbr- filldiap oft!: I!VIIllllllioo Olmmiu.., 1 _ to IXlIllI>IY _ 1110 folloWing

04- /-M.1"f9 C<:M~"'-'"

...... "'" oondltio""

I. I wiIl_ ... 6ocIU"ood """" .......... " " _ " ' _ ..

..,-10< ~";';l"'~

........ _ l f I ......... ,.,.tIood,IWill..-... u...pF_ I""" \

ormy Cue Manager prior 10 5Il4,,~~. If I mtlat mi..q a GrouplDCCti:Dg, I

WW

maIa:o-up the mlism metJlbJ8: by ~'I \rlJ:h ~ Cue MmlaI:L

1. J wiH IIItmd

nhstiomae-~ self..fteip rDfII1linis1 ~ a1II brnIaR

_ _ .r"lOopeoiIiod

). - ode AI.:.\..I"1:

fll\u1<jl"""'l

!(art"\

3. Ifrcq~ 10 do 90, I WlU rJbtUD III Addid.i.ulI ~\'1llUitioll awj/'O{ p$yr.billtl'iC

eVlhWioa IPd arratIgc rot tbo P!pW't to be 5Cat '&0 !:be Program.

4.

(LC(.....)

/1101.'4

r wiD provide am..." 1m iho I'ro;p1on ID oow. aU ~ mIlc.I. k&oI

IIIId tlcaiIDs;tt t'Ol'O!'d3 a

1~

5. I will obotaln Ii<Im 1bc "., of alcohol "'" all P")'tlIotropic drug< I!Xctp, th...
prescribed fur fIJCi by a IilYsiclan uwkr ~.....aultat:ion 'l'r"ilh the ~gmn.
6. [wUf rcpmt totllY case Manager ,II ~l WIC "f~tiOQ ~iutiDcr:s.

1..w"'._ ...... of.U~"8~

_rim!

,. I ,vnr'/iI)I!;wj/jl,gly nvort to my Cue ~ or Oroup FecitiCSlDr IQY

rel!ljiio or .... Orany
drug or akobol.
..... _. '-

I,.. C-L

S. I will piWVUl: QIMkw,u" ob'c(V(d biologic.al CuJd ~lmcua .. requestad, The

WI., orlbel>hDtory drua,."...,.u"g MU be pr."dod to 1hc Pmpm. I
will Itd,Y 'Ib" fMI fo)[' oo)lootioa eud tesnllJt at tItc time of the oollection,

0(1

'8

STATE BAR OF CALIFORNIA

P.03

~ ~lat.cd

9. 1 UDda"SblQd and agree tbt any

to the tt:quit1:mmtJ of the
Program ate my rt!:ilpOllsibility. 11iutQer lmdcntand. ad 8d:now1cdp that

lay . .d aU C3cpcwcs ~ during Or as. ~rn1t of my partic:ipation in the

P:roaram are lDy respollsibilliy.

10.1 WId=- _ "i= !hot i"YlDCnl of Progzam ~.,. to be kopt <urrea,

aarding to the p3.)'lQI!Q'l amnganents thAt have bc-co..ID.!Iidc.

11.1 undentmd and agree that my participation in the Prognun does not affect,
alter or curtail in any manoer, the StBtJ: Bar of Calitomi.'s authority to
investigll.te aAd take discip~ actica for any CODduct comm.ittcd by me
Whether before. duriog or after my participatioa in the Program.

agree 10 obey all ieder'al, nate and local laws. as wellll$ all rulea govemiqg
the Pl'I!Ictice orla....., ill the State ofCalifolllia, and r will immediately report any
anest or conviction of ally oft'ense to my Case Maoager.

12. I

13. Other

I tllrdler

acne tbat 11ri1I maiat:ai.b die aaollyaUty Qd CODJideaeea oftbe

DQu LA.P Gl'Ol:IilJ Partitipra.t:lb.

I.avc rtad _lid dilcuued tfab docame.o.t -.ria- the ProVUO Caae MIlaca- uIII
lUIdRltu.d atld agn:e to.U ot tb~ &enu. nd coadUiobl OlittiDed abon_ IlRrtJter
acbcnrWCc that 1 hue nreived copy of tIlU .EuIQ.lio.D Plu do~taL

D"" ________________
Case ~tne.u (Print)
Signature

lanis R Thib.u1~ MIT, CADC, Direct<>,

00'9

1.d1S?81729~

..,

LAWYER ASSISTANCE PROGRAM

EVALUA nON PLAN

I,

.?AfIlthef:oUG-{+f.../~f
, am an applicant seeking evaluation for
LA WYER ASSISTANCE PROGRAM (hereinafter "Program"

partIcIpatIOn

In

or "LAP") I hereby acknowledge my understanding of the following.

I will be scheduled to meet with the Evaluation Commitlee for review and
evaluation to determine if 1 am appropriate for and would benefit from

participation in the Program.

'

In meet the criteria for acceptance into the Program, the Evaluation Committee
will also determine the terms afmy Participation Agreement.
The purpose of this document is to set forth the terms and conditions afmy

partiCipation in the Program during the evaluation process.

Pending the findings of the Evaluation Committee, T agree to comply with the following
8)
terms and conditions

/' (AiV'J LC~pl,,-,.,*

I will attend one facilitated Group meetings per ~elk...as....ctiFeeted, at the

assigned location. IfI am unable ro attend, I wilt contact the Group Facilitator
or my Case Manager prior to said absence. IfI must miss a Group meeting, I
will make-up the missed meeting by agreement with my Case Manager

I A'~ ,,,.i~~

p-er ~""'

I will attend _ _ atistinence-based self-help meetings (or mental health

group meetings as specified
)

Ifrequested to do so, I will obtain an addiction evaluation and/or psychiatric

evaluation and arrange for the report to be sent to the Program.

I will provide consent for the Program to obtain all pertinem medical, legal
and treatment records as requested.

5_ 1 will abstain from the use of alcohol and all psychotropic drugs except those
prescribed for me by a physician under consu ltation with the Program.
6. I will report to my Case Manager all personal use of prescription medications.
r will provide copies of all corresponding prescriptions.
7. I will immediately report to my Case Manager or Group Facilitator any
relapse or use of any unauthorized drug Of alcohol.
8

1 will provide random, observed biological fluid specimens as requested. The

results of the laboratory drug screening will be provided to the Program I
will pay the fees for collection and testing at the lime of the collection

0010

9. I understand and agree that any expenses related to the requirements of the
Program are my responsibility. 1 further understand and acknowledge that
any and all expenses incurred during or as a result of my participation in the
Program are my responsibility_
10. I understand and agree that payment of Program fees are to be kept current
according to the payment arrangements that have been made.

II I understand and agree that my participation in the Program does not affect,
alter or curtail in any manner, the State Bar of California's authority to
investigate and take disciplinary action for any conduct committed by me
whether before, during or after my participation in the Program
\2 1 agree to obey all federal, state and local laws, as well as all rules governing
the practice of Jaw in the State ofCaJifornia, and I will immediately report any
arrest or conviction of any offense to my Case Manager

---------------------------------

13 Other

I further agree that I will maintain the anonymity and confidences of the
other L..\.P Group participants.
I have read and discussed this document with the Program Case Manager and
understand and agree to all of the terms and conditions outlined above. I further
acknowledge that I have received a copy of this Evaluation Plan document.
Date

Applicant's Name

M([KId?
I (?;1n

( r:tM

Case Mana

Signature

0011

\<.6 TV"'--N
\~-!P 7
LA wYER ASSISTA'-:CE PROGRA,"
\:'0:::'"''
i'<.s. TEl)
PARTICIPATION P L A N )

,I

(::'"'<t
"LAP" Or
"PrO,gram").
T, Zachary
B. COUghlin, am participaling in Ihe Lawye; ASSistance Program (hercina/l"

On August 18,2005, Ihe La"),e; Assislancc Program Evalualion Committee

(Comm"'ee), In eValUaling my particular Cil'cums"nc,s, designcd Ihis Participation /'Ion 'oo."i,'
me In my rccO\ ery frOIll a subslance reiated disorder and a n'ental heallh di,order
Thereforc,

In "

cOOper"i'e effort wilh the LAP, I

a6~ee

10

lite

liJllo'~ing condillOns,
I wil!:

PART A

I. Attend the LeL grOUp meeting each week.

2. meeti~gs,
AUend a daily
recovery aClivily including abstinence based self-help meetings, LCL
and therapy.
3.

4.

Engage in psychiatric medicalion management wilh a physician approved by Ihe Program

and arrange 10 have my physician submit quarterly wrillen progoess reports 10 Ihe
Program. These reports are due in September, December, MarCh, and June.
Continue individuallh,rapy and arrange 10 have my Iherapist submil quarterly written
progress
and
June. reports 10 the Progoam. These reports are due in Seplember, December, MarCh,

5, Obtain a well-being monilor to obse",e my condition in and aboul my law praclice and
submitlhc name of my monilor to Ihe Progoam. I will arrange 10 have Ihe monilor submil
quarterly
and Junc. reports 10 Ihe Progoam. These reports are due in Seplember, Decembce, MarCh,

~.
'7

Abstain from Ihe u" of alcohol and all psycholropic drugs excepllhose prescribed for me
by an approved phYSician in consultation with the Program. I will provide Copies ofalJ
prescriptions wriuen for me.

Provide biological t1uid samples as directed. Collections wiJ/ be random and mny be
observed. The laboratory analysis of these samples will be submi!:ed to th!' rrnt?~.1In
Testing frequency will be 12 to 24 limes per year.

S. Obtain an addiction evaluation by a phYSiCian approved by [he LAP. I will schedule an

appointment within 14 days.

9, 1PrOvide
quarterly reports ii'om my primary care phYSician regarding the medicllIipns Ihat
am using.
PARTS
I.

I wiH majntain the 3no.rymity nnd con1idenccs of the othel' LAP Croup
parlicipants.

/...2.C~ry B. Coughlin Participation Plan

Page 1 Qf2

0012

THE STATE BAR

OF CALIFORNIA

Lawyer Assistance Program

1010 Hurley Way, Suile 110
Sacramento, CA 95825
(916) 564-5222
(877) LAP-4-HELP (inside CAl
FAX: (916) 564-5214

April 7,2006

Zachary B. Coughlin
1255 Jones, Apt. 132
Reno, NY 8950)
Dear Mr. Coughlin:
In anticipation of the report to the Conunittee of Bar Examiners (CBX), on February 16,
2006, the LAP Evaluation Corrun ittee met 10 review your participation. At that time,
your participation did not warrant a favorable report to Cax. You were given a period of
time to explore arrangements that might allow you a more favorable outcome. To date,
we have not received any infonnation from you, but must report to CBX.

The LAP Evaluation Committee has detennined that you have not successfully complied
with their reconunendations and appear not to have gained insight regarding your alcohol
abuse. In addition, your participation in the LAP has been terminated.
We hope that you will choose to pursue recovery and we extend the invitation to Contact
the LAP for assistance in the future if you choose.
.
Sincerely,

~au~t
Director

cc: Pam Poley, MFT, CADC

Debra Lawson, Director, Moral Character Determinations

0014

THE STATE BAR

OF CALIFORNIA

Lawyer Assistance Program

1010 Hurley Way, Suite 110
Sacramento, CA 95825
(877) LAP4-HELP (inside CA)

March 8, 2006
Zachary B. Coughlin
1255 Jones, Apt. 132
Reno, NV 89503
Dear Mr. Coughlin:
You were scheduled to meet with the LAP Evaluation Committee on February 16, 2006
because you were nearing the end of the abeyance period and a report from the LAP to
the Committee of Bar Examiners (CBX) wou ld be necessary. Although last-minute car
trouble prevented you from attending the meeting, Ihe Committee discussed the
circumstances of your participation and the report to CBX.

Your LAP participation thus far does not warrant a favorable report to the CBX,
therefore, two 0Plions exist.

The LAP can send the report to the CBX advising that you have not fully
compJied and do not appear to have gained insight; or

You can submit a request [or CBX to extend your abeyance period thereby
extending an opportunity for you to fully participate in the LAP. (Note: I am not
making any stalemel}' in behalfof the CBX. I do not know that such a request
would be considered by [hem or could be accommodated}.

Please advise the LAP of your choice between these options. Ifwe do not hear from you
on or before March 23, 2006, the LAP letter wi ll be sen! to the CBX.
Sincerely,

'\.

J::R~:~a:=f
Director

cc: Pam Paley, MFT CADC

Jerome Fishkin, Esq.

Fishkin & Slatter LLP

---------

Jerome Fishkin and Lindsay Kohut Slatter

Attorneys at Law

----

February 6, 2006

Pam POley. MFT

LaWYer's AssIstance Program
145 J River Park Dr. Ste 196
Sacramento. CA 95815

In re; ZOCh Coughlin

Dear Ms. Poley;

I have been sWapPing Phone messages with you and my Client for qUite a While. I will
be out of town this Thursday and Friday. so this COuld toke a While. Thus I write.

It is my understanding that you Want loch Coughlin to take some SOrt of test. I am not

Sure if he knows What that test is. Please send him a Short letter and let him know What
test you Want him to toke. so we can get the report to CBX underway.

I will be on the road Thursday and Friday and bOCk in my Office Monday. If you Want to
reach me after Wednesday. please call me on my cell Phone: 415-505-4300.

Very truly YOurs,

Fishkin & Slatter UP

.
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ranclSCO ":.>" Conduct and Professional RespOM/bill!;'
. S
S 627 S F '
CA 94104. Phone 415.403.1300. Fax 4J5.78J.7
www.FishkinLaw.com

0(116

THE STATE BAR

OF CALIFORNIA

Lawyer Assistance Program

1010 Hurley Way, Suite 110
Sacramento. CA 95825
(877) 527 4435

REQUEST FOR EVALUATION COMMITTEE MEETING

Participant Name: Zachary Barker Coughlin

Case Manager: Pam Poley, MFT, CADC

Group Facilitator: Out of State

Dale ofMeeling: February 16,2006

*******************************************************
Dale ofInitia! Contact: June 22, 2005
Reason for Request: Zach is meeting with the Evaluation Committee (EC) because his
abeyance period is complete. At this time, the LAP owes the Committee of Bar
Examainers (CBX) a letter about the level of insight Zach has gained while in the LAP.
According to 2ach's letter dated December 20, 2005, he believes he bas been compliant
with all tenns of his Participation Plan (PP). Instead, J believe Zach has been out of
compliance with all tenns of his PP except for his weekly visits to the Lawyers
Concerned for Lawyers Group and his weekly therapy appointments.

Recommendations: Encourage 2ach to extend his abeyance period with the CBX so
that he may make another attempt to become compliant and perhaps face his disease and
begin his recovery.

Submitted By:

Pam Poley, MFT, CADC

Dale Submitted:

January 9, 2006

0711nlO3

O(l17

THE STATE BAR

OF CALIFORNIA

Lawyer ASSistance Program

1010 Hurley Way, Suite 110
Sacramento, CA 95825
(916) 564-5309
(877) LAP-4-HELP (Inside CA)
FAX, (916) 564-5214

February 1,2006
Zachary B. Coughlin
1255 Jones, Apt. 132
Reno, NY 89503
Dear Mr. Coughlin
This is confinnation that you are scheduled to meet with the Lawyer Assistance Program (LAP)
Evaluation COmmittee at 10:45 AM on Thursday, February 16,2006.
The LAP Sacramento office has moved to a new location and the meeting will take place at
J01 0 Hurley Way. in Sacramento. There is parking available in the parking lot directly behind
the building.

Please take a seat inside of the LAP office, Suite 110; someone will come get you when the
Evaluation Commiuee is ready to meet with yOll. For last minute emergencies please call Pam
Poley's mobile number at 916-837-4174 instead of the main LAP line.
Best Regards,

~~
Justin Ewert
Program Coordinator
Lawyer Assistance Program

0('18

Fishkin & Slatter LLP

Jerome Fishkin and Lndsay Kohut Slatter
_
~t.~rney_s ~~_~w

---

December 20, 2005

Janis Thibault, MFT
Lawyer's Assistance Program

State Bar of California

1149 South Hill Street

los Angeles CA 90015-2299

Fax 213.765.1122

'I", .

In re: Zachary COughlin

Dear Ms. Thibault:

Mr. Coughlin has been enrolled in LAP in aCCord with an abeyance agreement with the
Committee of Bar Examiners, Under thot Agreement, LAP was requested to submit a
report on him ofter six months. The six months has passed by. Please submit the report
to CBX at your earliest convenience,

Very Truly Yours,

copy: Kathy Crary,

Moral Character Analyst

Fishkin & Slatter UP

. - .

...

t Conduct and Professional Rtsponrrbf/i.{y

A lawfirm speCUlIIZlng,~ AUa;;:94104. Phone 415.403.1300. Fax 415.781.7290

369 Pine Street, Sle. 627, San Fran~:.. FishkinLaw.com

0019

,~

THE STATE BAR

OF CALIFORNIA

lawyer ASSistance Program

Suite 110
Sacramento, CA 95825
(916) 564-5183
1010 Hurley Way,

September 19, 2005

Zachary Coughlin
1255 Jones, #132
Reno, NV 89503
Dear Zach,

Enclosed you wilJ find a copy of your Participation Plan for yOur records. Please
remember to send in any completed signature cards.
Sincerely,

.~

I~r-

Pam Poley, MFr, CADC

Case Management Supervisor

Enclosure

Ol)20

THE STATE BAR

OF CALIFORNIA

Lawyer Assistance Program

1010 Hurley Way, SUite 110
Sacramento, CA 95825

(916) 564.5183

August 31, 2005

Zachary Coughlin
1255 Jones, #132
Reno, NV 89503

Dear Zach,
Enclosed you will find your Participation Plan as discussed with you at the Evaluation
Committee. None of the tenms may be modified or changed. Return the signed
document in the selfaddressed stamped envelope within five days of receipt. If we do
not receive this document within five business days, we will assume you are no!
interested in the LAP and YOUr file will be closed.
Sincerely.

Pam Poley, MFT, CADC

Case Management Supervisor

Enclosures

0021

THE STATE BAR

OF CALIFORNIA

LAwyer Assistance Program

1010 Hurley Way, Suite 110
Sacramento, CA 95825
(916) 564-5222
(8 7 7) L\P-4-HELP (Inside CAl
FAX: (916) 564-5214

August 31, 2005

Zachary B. Coughlin
1255 Jones, Apt. 132
Reno, NY 89503
Dear Mr. Coughlin:
Welcome to the Lawyer Assistance Program (LAP). The LAP Evaluation Committee
~on:n~lly a~cepted you into the program on August 18, 2005. The Committee designed an
mdlvldualIzed Participation Agreement that includes recommendations to enhance your
recovery. Your Case Manager will provide a copy OfYOUT Agreement for review and
signature. Please sign ~..'ilhinfive business days and return the Agreement /0 your Case

lvfanager.

To accommodate changes in your circumstances in the future, the Evaluation Committee

can modiry the Agreement either at your request or at the request of LAP staff.
Amendments will then be provided for your signature.
The Evaluation Committee determines completion of the program. The LAP will
acknowledge and velify both Successful Participation in the Program and Successful
Completion of the Program.
Successful Participation is defined as achieving and maintaining sobriety/stability and
full compliance with the tenns of the Participation Agreement.
Successful Completion is defined as follows. These criteria must be met in order to
receive certification of completion of the Program.
I The participant has maintained three years of continuous sobriety or, in cases of
mental health, stability;
2. The participant has made lifestyle changes sufficient to maintain ongoing recovery or
stability;
3. The participant has satisfied the tenns of the participatio.n agreement; and,
4. The pal1ieipant has participated in the Program for a penod of five years, or as
otherwise deemed appropriate by the Evaluation Committee.

0022

August 31, 2005

Zachary B. Coughlin - Page 2
Please accept our welcome and our offer to provide the best assistance possible in support

of your well-being.
Sincerely,

__

~z~cWLt
Janis R. Thibault, MFT, CADC
Director

Cc: Pam Poley, MFT, CADC

0023

THE STATE BAR

OF CALIFORNIA

Lawyer Assistance Program

1010 Hurley Way, Suite 110
Sacramento, CA 95825
(916) S6~5309
(817) LAP-4-HELP (Inside CAl
FAX: (916) 564-5214

July 25, 2005

Zachary B. Coughlin
1255 Jones, Apt. 132
Reno, NV 89503
Dear Mr. Coughlin:
This is cOllfinnation that you are scheduled to meet with the Lawyer Assistance Program (LAP)
Evaluation Committee at 9:00AM on Thursday, August \8,2005.
The LAP Sacramento office has moved to a new location and the meeting will take place at
1010 Hurley Way, in Sacramento. There is parking available in the parking lot directly behind

the building.
Please take a seat inside of the LAP office, Suite 110; someone will come get you when the
Evaluation Committee is ready to meet with you. For last minute emergencies please call Pam
Poley's mobile number at 9168374174 instead of the main LAP line.
Best Regards,

~c.srJustin Ewert
Program Coordinator
Lawyer Assistance Program

THE STATE BAR

OF CALIFORNIA

Lawyer Assistance Program

1149 South Hill Street
Los Angeles, CA 90015-2299
(213) 7651190
(866) 4366644 (inside Calif.)

LAWYER ASSISTANCE PROGRAM (LAP)

NOTIFICATION OF ENROLLMENT

Name: Zachary B. Coughlin

Bar # NJA

This is to serve as notification that Zachary B. Coughlin contacted the Lawyer Assistance
Program on June 22, 2005 and has completed the telephone intake process.

Pam Poley, MFT, CAne

June lO, 2005

Date
Case Manager

Notice of Initial Contact

Revised 03106103

Lawyer AssistanCe Program

1149 South HiI\ Street
LoS Angeles, Cfi.. 90015-2299

THE STATE BAR

(213) 165-1190
(866) 436_6644linside Calif.)

OF CALIFORNIA

January 12, 2005

(date)

LAP Participation Report During Evaluation

eo,~~~----==
~p~mber

Participant 'Name: Zachary 8. Coughlin

Bar#: NIA

Date ofln't,.1 Contact:

Signed Release aflofa:

-=

2 \, 200'

(date)

~ ."nu",a"rtLC-I"'2' '2~0' 0~5_- ' --------~------

N~/A;""'_----OC'-----------------
__
(dale)

lntake Interview completed:

(date)

Signed APplication Agreernent: - - - - - - (date)

-------------------Outside Evaluation Completed:

Attending LAP Group:

:t:UlJA~---------------------

yes

(date)

No

In Compliance w,th lerms of APplical,on Agreemenl:

Yes

No

---------------~-------------------------

If nO, which terms and comments',

Evaluation Committee Meeting:

N

(date)

1'80 (to be determined)

January 12,2005

c
z

:".--." c:
!:~

ar
~Jl:lBJ.!D'--~----------------
(dale)

Pam poley. MH, CADC

~.

Case Manager

1\/22/2002

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-------

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-----

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"

LANE

- - - - - A T T O I I H I [ Y S AT LAW' _ _ _ __

5"4' Kic'>lc. Lonol SW>nd Floorl Ro:no. Nevada 89511

Tel.pIIo". (77S) ]21-30001 F..,j""c (115)186-6179

!
I
I

Websi .., bUI':I/www.h:alc'''''''.cOnl

August 17,2005
ild.....,d

E~en"

H.l.

(l929-I99l)

S'C"" Lane

To:

1. Slcpbe~ Peek
Ka=! D. OcnruSOll

II CDI,HQv.W
<;tephcn V. ~"'I<
kidla,d L. Elmo'"

k..:hard Bel ...."

Re:

State Bar of California; Lawyer's Assistance Program;

The State Bar of Nevada; Whom it May Concern

Zachary B. Coughlin, Esq.

Ale>. J. FIanIoU
""SUI) B. )o,leMill;,,,

J.....,. L Ken)'

Dear Sirs:

KoUyT=olin

N. P~lnd FI""""",
Mll1iy,o,. E. l<loodhead

Micllc:lk D. Munm.
II"'.... W, Jeppson
Lance: C, Eo,1
J=yJ.Nork
Dlvid A. G=oa
Fml O. Cib$on. III
1-. F. Cadiih

T'mDl1'IyA.

t...b>

Fdc:ncll J. Sdln~dl
J.tn>es Nc'."".,
lony It. Somers
Pamc~ J R~~l!y

So:ool O. Fkl1lin;
Scon S~""""
Anlhoo)' '. II.U
Jr:rry "-I. Sn)'Ck<
!lIen! C. Edersley
frede,iet R Bon.he<

Palm ... CHJllslc.d

I am proud to recommend a close personal friend, Zach Coughlin, as a member of the

Califomia Bar. I was asked to write as one who functions in the capacity of a mentor
or A.A.sponsor to Zach.

Zach and I now work at the same law firm. Prior to being hired, Zach and I discussed
his recovery with Olir firm, making the firm aware of the pertinent information in that
regard. Upon being hired, Zach promised to join me in attending the noon A.A.
meeting held near our Jaw finn, Monday through Friday. every week, indefinitely.
Since starting with our finn Zach has fulfilled that promise. Since July 15 11>, 2005
Zach has attended the noon A.A. meeting 19 times. Zach missed the noon meeting
tour times in that period due to firm obligations, such as an associate meeting and a
lunch for the newly hired attorneys.

Mallh.... I, Km,lIz",
8. 1{'l'Pkr

M,o,,_

8,ad M. JolltISfOIl
B.,u K. KUnllllOlO

::loufIu c. Flow.,.

Zach appears to be on course in his recovery and 1 would like to supply my

recommendmion that he be admitted to the State Bar of California.

;"","C.~

... _M.V .... ~

DIn Y.

Ojll,.nov~

1( Ue:

II.DIChy

~E,Lo..

Leip C. 0 .....

Thank you once again for the opportunity to recommend such a special and
impressive young man.

ZahIry 8. Coughlin

Very truly YO~

IA'~~~

R<>, f....,.,
P""IiI>o:N,uc
Andrl: .. ~I

Kelly Yahn, Esq,

JIAL LANE PEEK DENNISON ANO HOWARD

!..AS VEGAS OfFICE: 2300 WC5l.sm",,,, Avenue I El,hlh FklDI" 180.. 81 Lu Ve'l$. N tdl891021 Phon. (702) 222.2SOO I F""imM (102) l6~.69010
CArlSON CITY OfFICE: 777 E,m WIlham 51,.." I SUlle 200 I Car~ Cily. N~.adI8970! I Phon. (77S) 68460001 Facsrmile (nS) 684-6001

OOM,,')'("DQCS\HLIINODQCS1.470617\1

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I J

LAP INTAKE QUESTIONNAIRE

D.,e:_--,["-, '41_"'::C,-,)~_
,e..o2Z"".

Please complete this questionnaire and bring it with you to your initial appointment.
A. Please tell us about yourself.

/ NLI
Ho~ Address:

Street
City
Check box if home is preferred mailing address.

(; N.!k
Oilier Address:

Street

City

State

Zip Code

State

Zip Code

State

Zip Code

Check box if other is preferred mailing address.

"T; 3D ullJ<
Telephone

Age

<', c<

V"\"

2.,( L{""C"...(7fL.;"! (};k.n./,uL'u,/\

Cell Phone

Email

Gender

Marital Status

'

nJ cPt

Date Admitted

Bar #

C~, '- C-'i 5 I r)1'..i

Ethnic Origin (i.e. \Vhite, Hispanic, Black, Asian)
Current Living Situation (i.e. Rent/Own, house, apartment, members of yo
8. How were you referred to the LAP?
o

Self referred

The Other Bar

[J

OCTC (Exp lain on next page)

Rn 5113103

ousehold)

......
......

I. Mental Health

" 40

"--<- C; <'

~\7J'"~ ~

A. Please tell us about your mental health history, if applicable.

Abtl.~

L-

~,\ ~h,"" J,.

Problem:iDiagnosis

Dates

Type'ofProgramlTreatment

Medication

'

~k
c-~s

Was it helpful?

Dales

ProblemIDiagnosis

Medication

Type of Prograrnffreatment

Was it helpful?

I.

Dates

Problem/Diagnosis

Medication

Type of Programffreatment

Was i. helpful?

B. Please tell us if you bave ever experienced any of the following and indicate dates and

dur2tion, e.g., las' 6 months,S years ago:

Conditions/Symptoms

IF' "Depression

o Anxiety. excessive worry

o

Suicidal ideation I behavior

1
ite "/1,10 I

Mental Health (cont.)

,......

,.

,
I

1/.,.0

Homicidal ideation I behavior

Abuse of any kind

Difficulty concentrating

Fights

Compulsive behavior
(eating, sex, work, substances)

Shopping sprees

Phobia

Mania

Feelings of worthlessness

Hallucinations

Feelings of intense shame or guilt

f\a~

1-1-11 vCc.;J ~ wI

L.i9:0
U

II [J \.~.C

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tlO

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V\-o
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C. Please tell us if you have experienced problems in any of the following areas, please note
tbe approximate date and give a brief description.

11'

Gambling

Sexual compulsion I Addiction

Eating Disorders

Relationships

Internet

Other'

nO

he
V)O

1'\(>

0(13~

Mental Health (cont.)

D. Please describe any negative consequences you have experienced as a result of mental
bealth in the following areas:

Relationships

Career

Financial

Health (include emotional health)

Legal

Spiritual I Personal

Sexual

E. Please tell us if you would like a referral for mental health services.

JkW Sfl]ltll

0035

II. Substance Use

A. Please tell us about your history with substance use, if applicable.

/1

I.

SUbstance Used

Method of
, Use (e.g. oral, inject, etc.)

'" -Zoo 3

, l \c

Last Use

t'GA-nvi'

((7/I~C\'

Reason [or Stopping

2.

(':0 0
Method of Use (e.g. oral, inject. etc.)

013

VP.l(,";.;.c.'

o:;~ It' I

Date of first Use

a+ S);,..er--

Q,",-

eason for Stopping

3.

Substance Used

Method of Use (e.g. oral, inject. etc.)

Last Use

Frequency

Date of first Use

Reason for Stopping

4.

Substance Used

Method of Use (e.g. oral, inject, etc.)

Last Use

Frequency

Date of first Use

Reason for Stopping

5.
Substance Used

Last Use

Method of Use (e.g. oral, inject, etc.)

Frequency

Reason for Stopping

B. Have you ever experienced any of the following?

o Overdose
(J

Shakes

)\.0

o Blackouts
o HallUCinations
(J

fo/.L-v

~fl.V03

Convulsions/Seizures

1/

Date of first Use

-V\l,y

,..
r
I

Substance Use (cont.)

C: In gener~1 terms, please describe the way(s) you used substances, i.e., alone, with
friends, settmgs.

I
I
I

D. Please describe any negative consequences you have experienced as a result of

substance abuse in tbe following areas:

Relationships

Career

Financial (please include an estimate of the annual cost of substance abuse)

Health (include emotional health)

Legal

Spiritual! Personal

Sexual

003'7

Substance Use (cont.)

E. PI ease d escn'be any treatment you have undertaken for substance abuse.

I
f
f
f

I.

Problem/Diagnosis

I
I

Dates

Type ofProgramffreatment

Medications

Was it Helpful?

2.
ProblemIDiagnosis

Dates

Type ofProgramlTreatment

Medications

Was it Helpful?

3.
ProblemfDiagnosis

Dates

Type of ProgramfTreatment

Medications

Was it Helpful?
4.

Dates

Problem/Diagnosis

Medications

Type ofProgramffreatment

Was it Helpful?

F. Please describe any significant periods of sobriety/abstinence in the past 5 years and the
means you used to achieve it.

keY

~111/0]

VI'd

SUbstance Use (cant.)

the
G. cirCUlDstances?
Date at Wbicb You began to tbiDk You had a problelD witb alcobol or drugs. Wbat Were

I
I

I
I

groups.
IOclude
dates.
H. Please
describe
YOUr involvement witb 12 Step or otber abstinence_based self-belp

I. Please tell us if you would like a referral for sUbstaDce abuse services.

~c" 511)103

"I.
I

I
I
I

Physical Health

A. Please tell us about your physical health.

,I

Please describe all serious illnesses, hospitalizations and surgeries. Include treatment and
response to treatment.

Please describe any current medical concerns.

Please describe yOU! level of exercise, past and present.

Please describe your eating habits, including frequency and type of food.

Please describe your past and ptcscm use of tobacco and caffeine.

Who is your primary care physician (PCP) and when was your last contact? Does PCP
know about Substance Abuse I Mental Health condition?

B. What medications are you taking currently? Include any OTe medications, herbal
remedies, health food preps, vitamins.

I.

'\...~(..\('t...

Medicati n

Source (e.g., Physician)

c: 1\,0 ";c

j,G'

Reason for taking it

1

2.

.k: va,

Side Effects

11 y!2-

\U

Source (e.g., Physician) \

/'V-""-../
Side Effects

Is i

V/
.
'RJA.S 1
Source (e.g., Physiclan)

J.

elpfuJ?

"

~
oj I.J '''-Q_~
J -.

"I

1\" v'-..>:;
Reason for taking it

Rev 51/3103

Side Effects

In

Is it

pful?

Physical Health (cont.)

"

4.

(,o~

of\\D{~

Source (e.g., Physician)

~;;> (/ (\J.>

Side Effects

Is it H

ful?

C. Please tell us if you would like a referral for medical services.

Rv SIt3IOJ

11

0(141

IV. Employment History

A. Please tell us about your currcnt employment.

Solo practice

Partnership,___ Law firm_ Number of employees _ __

---C.-\~-'-I"--e~r
1A-O-~_-'_.~".,<'i;: : 'k-':;-):'- ;:=.":~r:~ :'-: I!fJ[V~"i; {~" s '.~4
~

COrporate setting Government

Specialty/General Focus _ _ _ _ _ _ _ _ _ _ 1_,"',;::,:..'_ _ _ _ _ _ __

Job Status (suspended, wilJ be fired, medical leave. etc) _ _ _ _ _ _ _ _ _ __

Number of hours worked per week: minimwn

'20'

maximum

_-:L:1./_o=__

Co worker knowledge of problems - - - -_ _"OlJi2"'-___________

Length of time in current practice

Ie72 +iYW\.

~iceose

0''''

''''d\-W\

B. Please tell us ",bou! your

St,atus (otber states, problems, restriclioos, MCLE/
status)
............... ,..\..,
,q,eCl,S, ..,..........
t
.
ct' .... ~c\
V'\ AIL

~2J""o__:+-<2..:l~,-~

C. Please feU us about your FuturelRetiremcot PlanS'--tl/i,''''i(!fli

v

D. Employment History:
I.

Duties

5V/1
)

(" 5 ,...-'...f'

'i?<;.'

a.

Reason ror Leaving

0("14

Position Held
2,

.h:';;
Employer

Duties

'--I2r"\

rio

1/ r-

lD /..., 5'\ "":j ,

!2.e,0tv\~,
L f1f1,,,~,,,., Dates
\..

VOOc-vi

\ -

reS4~' c

("'V

I..-\.;(",rl<

1<1,;r...JI'i/
Posi ion Held

3.
Emp oyer

Dates

~~~~~~{'~'~-------------------f:no

~IIJI()J

I?

Ot\4')~

Employment History (cont.)

4.

\ov..J c

Position Held

E. Please tell us if you would like a referral for career counseling.

No

i"" ,/~

-Family & Relationshtp (cant.)

How would you describe the quality of your current relationship? (i.e., good, troubled
distant, suoportive. violent, conflictual).

Please indicate the number of times you have been married, and if divorced, the length of
the marriage(s) and the reason for the marriage(s) ending.

If substance abuse was involved in a relationship (i.e., your partner used), please describe
the relationship and the effect of substance abuse on it.

Please describe your sexual orientation, (i.e., heterosexual, homosexual, bisexual)

Do you have children? _ _ Living at home? ____ Not a1 home? - - - - - -

Nrunesand ages _________________________

Please describe significant friendships and indicate if substance abuse is involved.

Do you bave any pets? Please describe.

Rev 51\3/0)

-(

v. Miscellaneous (Recreation, Financial, Spiritual,

Education, Legal)

A. Recreation

Please describe your recreational interests, including hobbies and favorite activities.

When was the last time you took a vacation? Place? Length?

Please describe any use or ownership of weapons.

B. Please describe your financial status.

Current source(s) of income and amount of gross monthly income.

Please describe any bankruptcies.

Please describe your current level of financial stress, (i.e., concerns, challenges, crises).

How would you characterize your ability to meet your current expenses and lifestyle.

Do you pay alimony and/or child support, and if so, bow much?

Please describe any significant outstanding loans or debts, including unpaid taxes. Please
indicate the last year in which you filed a tax return.

Do you want a referral for credit counseling services?

C. Please telJ us about your religious/spiritual history, (i.e., denomination, church

attendance, spiritual beliefs, & practices).

Rev SfIJ103

Miscellaneoua (conL)

D. Please tell us about your education.

('Y't0 - ttrl
Dates

College/University Attended
() AIII

Ne .\,,,,Lo-::' Ve.G- />C)

Law School Attended

EP >'\0

J'"

4v I r~ r -

t-ec.:Z oo \

DatdJ

I~ r 6-'-/ SdI,.<,)

Other

E . Please tell us about your legal history.

Please describe any arrests as ajuvenile or adult, including charges, dates and disposition.

Please describe any impending legal concerns, including present status on probation, if
applicable.

VI.

What are your expectations of the Lawyer Assistance Program?

Rev S/Im3

17

0\)47

-Zach Coughlin LAP Intake Questionnaire July 2005

Dear Pam,

r hope you do nol mind my typing my answers to some of the questions for which J had
longer answers. There simply did not appear to be enough room on the page to write as
much as 1 wished to. Further, my handwriting has never been aU that legible to others
and 1 thought this might help in gelling around that. Lastly. I think my answers are more
complete because I typed, as 1 can write more quickly when typing and am liable to write
more by avoiding the hand cramping I experience when writing answers by hand_
Thank You,

2ach Coughlin, Esq.

~~/-,~)

Page 2;

C. Presenting Problem
The circumstances, which prompted me to seek help from the LAP program, relate to the
Abeyance Agreement that I signed with the California Bar Examiners (CBX) in July of
2004. While I have great respect for the LAP program, I did not intend to enroll in it or
seek help from it. Rather, the CBX directed me to have my recovery from alcohol abuse
monitored by a LAP professional during the period of my abeyance.

However, I suspect this question would best be answered by explaining the circumstances
that I have gathered prompted the CBX to direct me to LAP. During my informal
interview with the CBX, I was asked an open-ended question, essentially requesting an
explanation for two incidents, which occurred in my Jast semester oflaw school.
The first incident relales to my reaction to an academic fraud investigation that I was the
focus of In a class called Cyber Law, taken in the summer session of200], I was
accused of dishonesty in some respect. I was never told exactly how I was suspected of
being dishonest. The facts are that I turned in a paper on the due date in class in July of
2001 The professor emailed me on September 7th of2001 and requested that 1 "turn in
another copy of the paper". I wrote the professor and explained that my laptop's
motherboard had been very damaged (apparently as a result of a power surge related to a
broken USB port) in the intervening months and that aliI had was a very rough draft of
the paper The professor told me to turn in the rough draft. 1 did, and an academic fraud
investigation notice was the next response 1 received. I was cleared of any wrongdoing in
regard to the academic dishonesty investigation, given a passing grade, and graduated
from law school. I had already passed the bar exam at the time of this investigation.
After the investigation was started, I wrote several emails to the professor involved
explaining why I thought it was unfair to stan an investigation in this situation. The
school and the professor took exception to my emails and forwarded them to the bar.
Two weeks after this investigation was instigated, I went to a movie theater and entered
without paying after having waited in the line for 30 minutes while the cashier was

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C. (page 7)

Mr use ofaIcohoJ started comparatively late in life compared to my peers.

I did not
dnnk alcohol whatsoever in high school. I began drinking mid-way through college. It
was typical for me to have olle or two drinks and call it a night after a weekend's
drinking. I never experienced a black out. The only time I vomited from drinking too
much alcohol, or rather a poor combination of different alcoholic drinks was very early
on in my use of alcohol, before I became accustomed to its effects. I rarely drank during
the week. This continued for several years. Somewhere around age 19, I developed a
progressive case of chronic back and neck pain. Several years later I discovered that
drinking alcohol was helpful in diminishing my physical pain levels

However, there were several instances where my drinking resulted in negative

consequences. These included arguments with friends and lovers, family tensions,
lowered interest in schoolwork, and embarrassing behavior in general. While I never
drank alone in the initial few years of drinking alcohol, I eventually drank periodically
when I was alone. Sometimes, such drinking would be used when I was in pain from an
aChing back or neck. The stresses of school (carrying 85 pounds of books in a backpack
on a daily basis, sitting at chairs that poorly accommodate my 6 foot 4 inch frame, poor
healthcare, etc.) would exacerbate my chronic pain condition. I had made attempts to be
treated for chronic pain with the sparse medical coverage I could obtain, but I found
alcohol to be a more readily available and cheaper alternative to medical treatment. I
became another example of one who may have been able to avoid substance abuse had
they received adequate care in time for the debilitating condition of chronic pain, and to
some extent, ADD.
D. (page 7)

1 experienced a great deal of negative consequences as a result of substance abuse.

Relationships. My relationships with friends and lovers suffered from a variety of ills
concomitant to my substance abuse, including basic neglect, disloyalty, poor judgment,
emotional anarchy, and unreliability.
Career My Jaw license could have been granted in January 2002 in Nevada and shortly
thereafter in California. However, due largely to behavior that occurred While drinking, I
was not admitted in Nevada until March of2005. Over this period, the average new
attorney would eam in the neighborhood of$220,000. I earned very little money during
this time, struggling to find work in the legal field and elsewhere.
Financial- As indicated above, my career suffered enormously. Also, my legal fees
before both bars (including mandatory counseling sessions) totaled over $25,000.
Health My health suffered somewhat, including poor physical appearance, and dealing
with a great deal of sorrow and despair related to setbacks in my career life.

LegalJ did
noth
suffer
all th at great Iy from a legal standpoint, however, I was arrested
one night
after
'
incident w'
avrng consumed a moderate amount of alcohol (from the movie theatre
general ~ir~:~~as consumed that night and may have contributed to my judgment and

applies he

thS adnces). Also, to the extent the delay in getting licensed as an attorney
re,

e amage was greaL

Spiritual-This cuts both ways. I feel I have grown by leaps and bounds spiritually
. . penads
.
.
'
H
h owever
1ft' I have also gone tm ough some utterly demorahzmg
In .
life that seem
to
t:ve e so~e real wreckage upon my spirit. However, recovery has taught me that
ese expenences make me more useful to others who have gone through such trials and

seek to get sober.

Sexual- I believe substance abuse led me into some unfulfilling relationships and led me
to damage some fulfilling relationships by exhibiting erratic behavior related to drinking
alcohol
E. (Page 8)
I was self-diagnosed for alcoholism as early as 2002.
My pro~ram. and tr~tment regime is .detailed below. r have found it very helpful, though
my sobnety IS contmgent on the contmued maintenance of many things, including my
spiritual condition.

Please consult the materials I have provided to CBX, which include letters detailing my
work in recovery wlth my sponsor, LCL, AA. meetings, and my personal studies related
to recovery (which include relapse prevention, stress reduction techniques, and a variety
of other endeavors related to getting and staying sober).

J have attended in the neighborhood of 500 AA meetings in my lifetime (many of which

1 have gathered signatures to document my attendance for and mailed to LAP), have
listened to over 300 hours of "speaker meetings" from the AA cassette tape archive's in
Reno's AA. Central Office (my checking out of these tapes is recorded at this office).

I have read a great deal of literature related to recovery, some highlights include:
"The Big Book" of Alcoholics Anonymous (many repeated readings and attendance at
step study and book study meetings that use this text)
The "12 by 12" of A.A.
"Sennon on the Mount" by Emmett Fox
"Staying Sober- A Guide For Relapse Prevention" by Gorski and Miller
"Each Day a New Beginning" by Hazelden
"..
"Celebrate Your Self-Enhancing Your Own Self-Esteem by Corkille Bnggs

"Breathworks for the Back" by Swayzee

"As Bill Sees It" by Bill Wilson

''Not-God'' By Forsett
"How to Beat Burnout" by Minirth

There are perhaps over one hundred recovery based texts that I have read in the last 4
years, these are merely a few highJights.

J have also been attending the State Bar of Nevada' s LCL Since March 0[2003 on a
regular basis
I have met with a sponsor for over 80 hours and worked on the steps (please see the letter
from my sponsor Kelly Testolin that was provided).

(page 8)

I have been sober since January 2811\ 2003. I had been sober throughout 2002, however I
drank alc?hol and smoked marijuana during the first part of January 2003 I had had
many penods of sobriety/abstinence in the past 5 years. Periodically throughout 2000
and 200 I I would quit drinking alcohol. I did not use any other substances during that
period. 1 did not have any major periods of abuse during this time: however, I did have
some negative consequences, though nothing very noticeable. 1 was using will power

alone during 2000,2001 to stop drinking. J attended AA in 2002 in an attempt to get

sober J redoubled my AA efforts in late January of2003 and have had success in
staying sober since then.

G (Page 9)
This question is quite hard to answer because so much of the answer is to a matter of
degree. However, I really felt that I wanted to quit and needed to quit near the end of
2001, corresponding with the two incidences oftroubJe in my last semester of law school.
There were various point in college when I thought I. would be benefited from quitting
drinking, however, much of that was part ofa whole self-improvement bent and not in
relation to a stark desire to end the type of negative consequences that I would later
experience in late 200 I
This early desire to quit related to gaining weight, a lapse in physicaJ appearance,
desiring higher grades, and embarrassing social behavior relative to alcohol use.

H. Please see the letters I have provided ITom my sponsor and LCL, in addition to
my answers to the question on Page 8, as well as the meeting signature lists that I
have provided to document my attendance al A.A meetings. I greatly value my
experiences in A.A. and the courage, strength, and hope that 1 have gathered from
a great variety of individuals in those rooms.
I feel I am already quite involved in A.A., LCL, and recovery in general and that I
already benefited and learned a great deal from a variety of other substance abuse
services (including over 60 hours of counseling with either a psychologist or
psychiatrist). Therefore, I do not wish to receive any such referral.

III

Physical Health- Page 9

0 '5"
\ I

.;.J

- J have not had a

.
ill
ADD ] have not ~~~ous
ne~ses behside: th.at ~fsubstance abuse, chronic pain, and

y surgenes or ospnahzatlons.

-My current medical conditions or concerns include chronic pain ADD

d
..
on my path of recovery 1 a b'
..
.
. ' an contmumg
physician that is warkin'
m emg mamtame~ on a pam ma~agement regime by my
my chronic pa'
d" ,g W(~II for.me, after trymg a great vanety of methods to deal with

massage

d '"hean ILIOn mcludmg acupuncture, physical therapy, chiropractic

an at er methods).

h!v~urrently exerc.ise a good deal and 1 have always been one to exercise a great deal I
USed m~ny ddferen~ methods of exercise over the years including bike riding Tae.
..
.
'and recreational sporting
'
B o' Y oga Pilate.5, aerob les, weight
I
hftmg,
cardlO
machines,

eagues for tenrus, basketball, and volleyball.

-1 hav~ embraced .eating healthily both before and after recovery. I eat three square meals
a day III accord wIth the governmentally indicated food pyramids.

-I .do not c~rrently smoke or use tobacco and only rarely did so in the past. I currently
dnnk caffemated beverages periodically.

-My PCP is Thomas O'Gara, M.D Dr. O'Gara has been made aware of my sobriety,
chronic pain, and ADD.

Section Five (page 14)

A.

-My parents have been divorced since] was 2 years old. I am not sure of their substance
abuse or mental health history and believe that I do not have a right to comment on that
for them. I can say in a general way that there has been what appears to be alcoholism in
my bloodline. My parents are upstanding, honest, and hardworking Americans. They are
both in their mid-fifties and enjoy productive and healthy relationships in life. Neither
exhibits any substance abuse patterns. Both sides of my family have a history of chronic
pain, particularly emanating from the back and neck regions. This has been present in
my Father's mother, my Father, my Mother's mother, my Mother's brother, my Father's
brother, and several great Aunts and Uncles. Attention Deficit Disorder has been present
in both sides of my bloodline as well.
-My parent's disciplinary style patterns and parenting styles were fairly conservative and
fairly carried out. The children in my family were taught to earn their keep, be polite to
authority figures, and have manners.

-I have twO sisters. They are two and four years old than me respectively. They have no
substance abuse or mental health histories. They are friendly and caring young women
who are living full and healthy Jives. Further, I have a stepbrother and stepsister, five and

three years younger than me, respectively They were disciplined mostly by my
stepmother, though supported financially almost exclusively by my Father. My

stepmother's parenting style is somewhat more lax than that afmy biological parents.
Lastly, my Father and my stepmother had one child together. a girl, who is 10 years

younger than mc_

-I was not abused in any way by my family of origin My Father told me that he would
pa~ for my law school tuition if l would take out loans in my name while in school.
~ltJmately, my father informed me that I. would need to repay the loans by myself due to
his other obligations. I was told of this shortly before the two incidents at the law school
that were the subject of my Character and Fitness inquiries. I am currently repaying the
loans and am no longer resentful towards my Father ahout backing away from paying
these loans or misleading me in this regard to influence my decision to continue on to
graduate school I have around $80,000 in education loans to repay_
-My entire family is aware of my substance abuse problems. Some family members
question whether I have a problem with alcohol or any other substance. They cite my
achievements in life, and the fact that they have never seen me drunk, but rather, have
always regarded me as a light drinker. These family members view my chronic pain
problems as the most instrumental force in the delay of my license, in combination with
'talking back' to the wrong authority figures_ However. others in my family feel that it is
a wonderful thing that I am in recovery and see that onJy good will come of it and the
spiritual principles I have further embraced Until the problems with the law school in
my final semester of school, and the following delays in getting licensed to work in my
chosen profession, my drinking had never been questioned in any real way or been a
cause for concern among the members of my family. However, most alcoholics (whether
subconsciously or not) go to great lengths to hide their problem. and consequently. 1 did
not base my decision to join A.A. and announce my recovery to both State Bars (by my
own volition) strictly on the opinion's oflhe members of my family.
-The entire fam.ily is supportive of my recovery. My Mother has made particularly
incredible efforts to help me get through what was a very difficult period. This period
included dealing with the enormously upsetting delay of my license to practice law for
nearly three and a half years and the concomitant economic hardship that presented as
well as the identity displacement that went along with that. Adding these stresses on top
of the general 'heavy lifting' that occurs in early sobriety made for quite a challenging
time for me, and my Mother made great efforts towards helping me get through this time
B (Page 14) Please tell us about your relationship history.
_] am currently single and dating. I am not currently in a relationship. I have never
been married
-I am not currently in a relationship.
-I have never been married

005:

M drink
- Y
l?g ca~sed problems in a relationship thall was in during the summer of
2001 _D~nng this Summer I was studying to take the july 200 J Nevada Bar
and living with my girlfriend allhe time_ The enonnous stress of
studymg for the bar, in addition to laking 6 credits of Summer school further
worsened ~y. chronic pain condition. J was uninsured at the time
despite

Ex~natJon

and

numer~us VISits to the student health clinic at my university, was unable to find any
rea] rehef ~br the daily agonizing pain I felt in my body. and the mental distress that

a~cornpaOJes such a condition.

Drinking alcohol at night reduced my pain levels

faJrly well, however, such drinking caused undesirable side effects such as mood
chan~es. irresponsibility, lack of intimacy, egotistical behavior, a lapse in
physical appearance. These character defects placed even more strain on a
~elationship that was already very strained from the stresses of the graduate school
lifestyle and the pressures of preparing for a bar examination. The relationship was
mutually ended by myself and my girlfriend of two years in August of2001. The two
incidents at the law school that both State Bars have focused on occurred shortly
thereafter.

and

-J am heterosexual.
-I do not have any children.
-Substance abuse is not involved in any of my current significant friendships. Most
of my friends are finnJy entrenched in the recovery lifestyle (i.e. attending AA
meetings and functions). Prior to entering recovery, severaJ of my fiiendships were
with individuals whose drinking patterns were similar to my own, that is their
drinking seemed to be capable of causing negative consequences sooner or later. I
am no longer close with such individuals.
-I do not have any pets.
Section Five: Miscellaneous (Page J6)
A

Recreation

-My recreational activities often center around AA. meetings, functions, or the
'meetings after the meetings' I enjoy the company of those who have been through
similar experiences as those that 1 have been through
Writing and recording music is also a hobby of mine. I do trus in my spare time as a
way of relaxing, for entertainment, and as a creative outlet. I play the guitar, piano,
and sing in addition to writing both words and music for songs.

-The last vacation I took was in September 0[2004. 1 spent approximately 5 days
visiting Lake Tahoe with several friends. My finances have been quite limited since
leaving law school (an in fact, prior to and during law school as well) and, as such,
my vacations have tended to be rather humble.

1,,111 IUln'lUl, \\111~lIIl'I. lit Ihl' ,\lI"I'~ \\1'lIlhllll'\I' mltl'tIIl, Nl'\lldU 1.1111 puul \K 1'1 !til
h"111 1"1111.. tll'l'h'''IH.ud\ III h\llH~ n \\'I'\'~ \\llh n WI'I'kIV pnvrlr\"'~ I'nll1111ij III nlllllll,l
", hi I 11,\ 11I1! h", ~ Iwallh msurnuIT I hnw IItII hUll nn \lnn III Iny 1i1..1IIy. VI'I tllrd filII
l\llltllllllll~ Ill' 1\11' \I';II\'h t \1'1.' fU\' p~\'\'hllll1l-ti~1. 011",'1 (kk.~ilY. I'lt I) !lUt'I' a llH1Il11t 1

_un \\,;)l.kll~ lit this

11\\1 11111111 \'1II111I1d;1 sllituhl\~ 11lbilinl1 U\lItIllltll1llt'y I hilVl' 111','11

,'lull ~('d,ItI!ot \\\\11. 111 lit,' k~1I1 tldd 1111 npl'tllxlIIlIIldy (. w,'I.k... I'hi .. t:1)!tt',
SO.l\lt1lllh 1 hnd \\,1110.1'1.1 ill I\lnn"s IkpiIIlnll'lIt ,\11111' 111 RI'IIll, N{'vudu 1111111 h) IluII
110m ':lL\ltRI\ '(1(1' thtl11l",h I\hl\ lUO\ 111'''tRIII'd h\ltl1l\1urv'~ to PUt~II(' ICRlII WillI.. 11111
ttlt)l" Ih\\\C\\'I, I \llllm;l!\'h nt'nlt-II hI hq.(in \"t1II..LI1/ot III f\,kn's Wl'lulmusll Wh('I1IIlY Joh
Int{';\ Il'\'In},>

sC<lh'h

hwl.. 1\11l~\'1 than 1 1"1'1'\,11',111

\(1 tn\..,'

\I, ,'Ulll'1I1 1c\'d IIflin:lIIl'ml StlCSS IS not unmunnRcillIlc IlUn hy no mcun~ well all', hut
I t"l1thllll~c tht'llpitttilill \\.l,,,lth my hll1 in rt'C(lvt'IY hns heen hlessed with und "!like ~urc tn
Il\c \\1111111111\' m~';lns Iln'''I'n'! I ~'t'ltuinly 11111 illlplt'~sed wilh the "e,"t'ndn\l~ IUI10tJIII

fTlI\llt\ I mH' 111 1,\(1\1111011111 hllllls lind 1t'~11 1 fi.c~ stcl11111in~ IhltlllllY BIIIIIPI)licntiolls
\1'" IIIllmilillh.d h, the jllllSpcct Mpnvitl/o\ the Ices ns~nciOlcd with the 1.1\11
111111-/.1,1111 ,\s It rUIIl'IIIh-' slumls, I dn .IUI set' how I could evcl Umlld III hllvc II liullily u n
Ill'

nC! alii

UI\ ('!llft'lll cml1l1lKs

lind debts

I mn pHlud (lfnlY ('lit rent ability tu l1ICcllllY current cxpenses !lnd lifestyle, Dealing
wHh Iht' ulH.",pc~'h.'d derny in ~cttll1g my low license lind the enormous identi ty
displal'l'uwllIlh:u h;ls ~hmmleJ Ihmithul ddny tlnd my sllh~Ctlucnt need 10 lind suil nblc
..'lI1pl<lymcnl in II pl'rind ofdl'('P ,,!collomic insl'<:ltlity with tespcct to our notion's
C, ..O/l(lllJ" was 110 tluuhl. very ditlicull, however, I endured Currently, my fiunnccs
llet:c~sll;tlC Ilrat llravc ulinust nu discrctionary income for enlel'lUil11ncnt expenses or fOl
mm-l'sSl..'Uuul it~lTIs Ilowe\"cr, Ihls hlls {(.)recd II1C to grow nnd cmbnlcc Ihe l1on-Jnutcriuls
JU)--'s hI11l'I~)ulltI in lift:. sudl us friendship. sri,iluality. service 10 others. und creativity,
.J do 1Il)lllIIlie any alimony payments or child sUI>porl pnYlllents 10 pay

.1 h.1liC ncnrlr StW,O{)O in ctluculional J<luns It) repay The last tltX rclU.n 1 filed was fm
the ta'( ycnr of 20lU
~ t hllve

iI"d do
(.

ahcudv donc It grcut dcalofrcscarch lind learning \IS it relates to cred.t counseliug
wi~h 10 receive 1I rcli.:rrlll it)!' ~lIch SCIV;CCS

nol

(I'a,l(c 10) itcligiouslSpinluulllislUlY

O\'5G

/
J atten~ed church as a youth with my parents, splitting time between Methodist and
Cathohc ~hurches. My Mother brought my sister's and J to the Methodist church where 1
was bapllzed. at age 1.2. ~~ ch~rch attendance waned during coUege and law school,
howev~r mY,mterest In spmtuahty grew during coll ege and law schooL I did a great deaJ
of readmg with re~ard to spirituality. self-help, and eastern philosophy during this period
FUT1?Cr. ~y ent~ mto A.A. and the recover lifestyle brought on a great deal more
rea~mg, Joumaling, praying, and congregating in a quest for spiritual education and
enhght~nment. I currently attend church onJy sporadically. I split time between
Buddh!Sl, Methodist. Unitarian, and Catholic churches. Rather than organized religion,
my maIO focus is on spirituality and I seek out guidance in that regard from a multitude
of sources, including books, tapes, movies, A.A meetings, speaker meetings, work with
my sponsor in A.A., praying, meditation, yoga, pilates, and breathing exercises. One of
my favorite spiritual texts is Emmett Fox's "Sermon on the Mount" a self-help style book
that explains Jesus' famous sermon in a way that helps me apply its basic tenets to my
everyday life and recovery.

Part E. (Page 17) Legal History

My first arrest occurred in October of200 I . This was the movie theatre incident I
mentioned earlier (this was reported to every Bar to which I have applied). 1 entered
a movie theatre without paying. I wanted to pay, but the cashier was having trouble
with the cash register for over 30 minutes and a long line had fonned. 1 made a very
poor decision to enter without paying. I fled upon being confronted by theatre ushers.
They pursued me out the theatre and we came upon a policeman. I was charged with
resisting arrest. The charge was dropped without any conditions in January of2002.
This incident occurred in Las Vegas, Nevada
I was convicted of'dry' Reckless Driving in Sacramento, California in February
2003

I do not have any current legal concerns. I am not on probation.

Part Six (page 17) My Expectations of LAP

-Upon signing the Abeyance Agreement that 1 en~ered into with th,e CBX in July 0[2004,
my expectations of LAP were that a LAP profes~lonal would morutor my recovery ~rom
alcohol abuse during the six-month abeyance penod. I am aware of the fine reputatton
that LAP has gathered over the last several years for helping those attorneys in need of
assistance, I do not really have any expectations, One of the central tenets of A.A. and
the recovery world in general is that expectations can often set one up for
disappointment As such, I make a concert~ effort,to m~mize any tendency to cany
expectations and live life as it happens, focusmg o~ Impro~mg my overall level of
acceptance as it relates to the developments affectmg my hfe.

Thank You, Zach CougWin, Esq. 7753388118

I
~

Ralston Family Physicians

January 10, 2006

Pam Poley, MFT, CADC

Lawyers Assistance Program
1010 Heardly Way, Suite #110
Sacramento, CA 95825

Re: Zach B. Coughlin

DOB: 9/27/76

This is a 29year-old gentleman who has been followed for the last three years in our group for
ceryicaJ midthoracic pain. MRI of cervical spine has bulging C4, C5, C5, C6 and C6, C7 without
central canal or neuroforaminal stenosis. This gentleman has been through two pain
management evaluations the latest one on 9112/05 by Dr. Alan Wong. His evaluation slates that
the patient is tolerating medications well and is very functional and has no changes or
recommendations at this point. The patient's medications include clonidine 0.1 lUg t.i.d.,
oxycontin 80 mg b.i.d. The patient has exhibited no addictive behaviors and is tolerating current
regimen well and as per the information provided by Mr. Coughlin we will provide reports as
necessary.
Please call if we can be of any further assistance.

TO/mrr
Ce: Chart

Richard C. Inskip, M.D. Thomas D. Q'Gara, M.D . CoUeen M. Capurro, M.D Shannon l. Zamboni, M.D.
601 Ralston Street, Suite 100, Reno, NV 89503 (775) 786-1110. Fax (775) 788-8075

C. COE SWOBE

ATTORNEY AT LAW
3 Bret Harte Avenue

RENO, NEVADA 89509

January 4, 2006

Pam Poley, MFT, CAD, '

,awyer's Assistance Pf{"gram
1010 Hurley Way, Ste. 110
Sacramento, CA 958-' ':
Dear Ms. Poley:
I have been ask!!d to write a letter for Zachary Coughlin as one who functions in the
capacity of a monilor in and about his recovery and practice of law. I have had the
opportunity to observe Zachary on a weekly basis since he moved to Reno in April 0[2003.
My contact with Zachary includes his regular weekly attendance at the local Lawyers
Concerned for Lawyers meeting wruch I coordinate for the State Bar of Nevada. Other
contacts with Zachary include seeing him at various Alcoholics Anonymous meetings in the
Reno area, and the occasional lunch and socially. Zachary continues to work on his own
recovery.

J appreciate this opportunity to write about his young man's recovery and progress.

C. Coe Swobe, Esq.

Coordinator
Nevada Lawyers Concerned for Lawyers
CCS/kmf

cc Zachary Coughlin

Oliver Ocskay, Ph.D.

PS.L'chorherapy

Clinical Psychology

License IIPY088

December 21, 2005

Pam Poley, MFr. CDAC
Case Management Supervisor
Lawyer Assistance Program
The State Bar of California
!OJ 0 Hurley Way. Suite 1]0
Sacramento, CA 95825

I have been asked to write regarding psychological treatment with Zach Coughlin. r have
worked with Mr. Coughlin since 4/28/03; he has attended 34 psychotherapy sessions.
Mr. Coughlin has been an active participant in psychotherapy. He has made significant progress
in organizing his life to more skillfully meet life's demands. He has learned to improve his selfmonitoring and stress reduction techniques to cope with difficult situations. During this time he
has responded to a variety of situations more adaptively. He continues to appear to be on a
course that is working well for him to establish the patterns necessary for maintaining a more
consistent pattern of good judgment and adaptive behavior.

Sincerely,

(~~I;/j,

."!.",,;..

W 2nd

'Suite 304

Reno. Nevada 89503

(7751 786577S

Oll60

--

t'\.

Zachary B. Coughlin, Esq.

1255 Jones#132
Reno, NV 89503
Phone (775) 338.8118
NV Bar No.: 9473
Pam Poley, MFT, CADC
Lawyer's Assistance Program
1010 Hurley Way, Suite 110
Sacramento, CA 95825
December 20, 2005
Dear Ms. Poley,
Please accept this correspondence as the quarterly report required by the tenns of the
Agreement.1 entered into with LAP. I attest that I have complied with every condition included in
the Evalua~lon Plan and th~ ~articj~ation Plan. The reports from Dr. O'Gara (the required report
from my pnmary care phYSICian), Ollver Ocskay, Ph.D. (the required psychiatric management and
progress repo~). an~ the required addiction evaluation by Dr. Alan Wong have been requested
and should amve with LAP shortly. The letter's from Kelly Testolin and Coe Swobe are and were
submitted as the required report from a weJJbeing monitor required by the Participation Plan.
Please find enclosed the 'signature sheets' for my daily recovery-based activities. Please
consider the materials I have previously mailed to LAP as part of my submission directed towards
complying with the Evaluation Plan and the PartiCipation Plan. I have included photocopies of the
various certificates of mailing and signature confirmations for Ihese mailings that I have
previously submitted. Please let me know if the mailings that are indicated in these receipts were
not received or were deficient in any way.

,.,

The reports required by the Participation plan call for quarterly submissions. It was my
understanding thai the first quarter for which these reports were required ended this December,
given that the PartiCipation Plan was signed and entered into in MidSeptember of 2005. Please
let me know If my understanding in this regard is wrong in any way. Similarly, it was my
understanding thai the first required -semi-annual report of my recovery progress (to be
submitted by myself) is due in March of 2006, and that the five annual hours of substance
abuse/mental health education must be completed by September 2006. Please let me know if
my understanding is incorrect in this regard.
I would appreciate confirmation of the receipt of this report and the accompanying quarterly
reports required from my health care providers from LAP as well as confirmation of the date and
time for which my next meeting with LAP is to take place, as well as an indication of what I need
to do next to further the conclusion of the LAP monitoring period called for by the Abeyance
Agreement thai I entered into with the State Bar of California (which calls for a report from LAP to
be submitted to the Board of Bar Examiners at the conclusion of the Abeyance Period).
I am continuing to be represented by my attorney Jerome Fishkin, and ask that Mr. Fishkin
continue to be apprised of the status of my involvement with LAP and any other matters related to
the LAP monitoring mentioned in the Abeyance Agreement I entered into with the State Bar of
California Board of Bar Examiners.
As a courtesy to me, I would greatly appreciate if you would contact me if this report is deficient in
any way or missing any of the required materials.
Sincerely,

Flit'~fi-O-i
0\161

2ach Coughlin, Esq.

1255 Jones #132
Reno, NY 89503
(775) 338-8118

Pam Poley, MFr, CADC

Lawyers Assistance Program
1010 Hurley Way, Suite 110
Sacramento, CA 95825

September 20, 2005

Dear Ms. Poley

Please accept this correspondence as the report required by the terms of my Evaluation
Plan. I attest that I have complied with every condition included in the Evaluation Plan,
including, but not limited to, counseling sessions Oliver Ocskay. Ph.D., attending
Lawyers Concerned for Lawyers weekly, and engaging in a recoverybased activity daily.

The reports from my physicians and counselors will be forthcoming, I have requested
these reports and am awaiting them from the respective parties. Please fllld enclosed
with this correspondence 'signature sheets' for my daily recoverybased activities. My
accept the materials that I have previously mailed to LAP as part of my reports required
by the evaluation pJan, including the letters from Coe Swobe, Esq. of Lawyers Concerned
for Lawyers (of the State Bar of Nevada). reports from my therapist Oliver Ocskay,
Ph.D., a Jetter from my sponsor Kelly Testolin, Esq., signature sheets showing attendance
at A,A. meetings, and all other materials formerly submitted. My records indicate, by
U.S. Postal Service certified mail receipt, that the Lawyers Assistance Program received
these materials on December 2tll of2004.
As a courtesy to me, I would greatly appreciate if you would let me know if this report is
deficient in any way and whether there is anything called for by the committee or the
Evaluation Plan that I have failed to do.

Sincerely,

Zach Coughlin, Esq.

Jan ~O 05 06:31p

Oli~er

Ocska~.

Ph.D.

775-828-0220

p.3

Oliver Ocskay, Ph.D.

Psychotherapy

License ttpy088

C/inicol Psychology

December 11. 2004

Palrice Eicbman
Stab:: Bar of Nevada

600 E. CbadesulG Blvd.

lAS Vegas, NV 89104

I have been asked to write reganliDg psycbol:ogicaJ treatment with Zadl Coughlin. Mr. Coughlin
bas been attcodiDg psycbodleRpy sessions since 4128103. He bas alIr;odcd 24 sessions.

/.

MJ'. CougIaIin bas: beea an .clive participant ill his tJcatmcot. He bas OOIdioocd to improvc IUs
ability to 1Ke pe:rsooallespoasibiJity for his beU.viOl'. He Us COIdinued 10 minimize tbe i..m.pIIct
cL aJIIhority CODfIicts and hyperseasitivity to criticism on his behavior-. He bas coatinued to usc
se1f-tDOllitori., aad stress tedttClion tcclmiqoc:s to cope with difficult siInatiom.. Tbesc ad oCher
~ve behavioral stnICgics have coaDibated to oootioaed improvemeot u. his ability 10 assess
aDd. respolld to a V3riely fI situllioas more effectively aDd actapcm:Iy. He cooDnoes In giYe
m
everJ i",ticwrioa that be is DO a .COIIISC that is woding weD n.. him and bdpiDg him to majnra
!be $InIC1DI<S be oecds 10 maint>iu consisleB. paIItn of good jodFDent and..tapti"" beha';or.

388 W 2nd . Suite' 304

Reno. Nevada 89503

(775) 78fr5775

Oliv~r OC$kA~.

Ph.D.

775-92B-0220

p.2

Oliver Ocskay, Ph.D.

Psycnothero.py

Clinical Psychology

License #PV088

August 16. 2004

Patrice Eich........

600 E <lwIesloo Blvd.

Stale Bar of Nevada

Las Vegas. NY 89104

f have been asked to write reganling psyc:boIogjea1 treatment with Zach Coughlin_ Mr. Coughlin
has been attend:iD~ psycbotherapy sessions since 4l28I03. He has ~ 21 sessions.

Mr. CoogbJiD bas been an active participant in JUs tJealmeoL He bas improved bis ability to take
pcrsooaI rcspoosibility fur his behavior. He has learned to minimize the impact or MIIbority
conflicts and ElypcrstDSilivity 10 aiticism on bis bdiaYior. He ba lcamed to use seIf-IDOPitoring
ud sItts!;...ructiaa ICdmiqaes ID ""'" _
difficult _ _ n - .... ""'" 0DgDitive
bc:havionJ strategies have improved his ability to assess aDd RSpOOd to a variety oC sibIalioDs
IDJIfC. cffCC1iwdy aad adaptiw:Jy. He would Cllll'elldy .-ppear to be 011 a romse that is wOltint
welJ' for him and helping.tUm to establish the stroc:rures be will DOCd to maiOWD a more
~ goodjudgemcotand ......ve beIlavi....
ooosi...... _

888 W 2nd. Suite 304

Reno. Nevada 89503

(775) 7865775

--'2,16

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Zach Coughlin, Esq.

1255 Jones # 132
Reno, NY 89503
(775) 338-8118

Pam Poley, MFT, CADC

Lawyers Assistance Program
1010 Hurley Way, Suite 110
Sacramento, CA 95825

September 20, 2005

Dear Ms. Poley

Please accept this corresponde~ce as. the rep~equired by the tenns afmy Evaluation
~Ian. attest that I have complied with every condition included in the Evaluation Plan,
Includmg. but not limited to, counseling sessions Oliver Ocskay, Ph.D., attending
Lawyers Concerned for Lawyers weekly, and engaging in a recovery-based activity daily.

The reports from my physicians and counselors will be forthcoming, I have requested
these reports and am awaiting them [rom the respective parties. Please find enclosed (.5 P4bf"..sJ
with this correspondence 'signature sheets' for my daily recovery-based activities . . Plal.;i@_
accept the materials that J have previously mailed to LAP as part of my reports required
by the evaluation plan, including the letters from Coe Swobe, Esq. of Lawyers Concerned
for Lawyers (of the State Bar of Nevada), reports from my theraPift Oliver Ocskay,
Ph.D., a letter from my sponsor Kelly Testolin, Esq., signature sheets showing attendance
at A.A. meetings, and all other materials fonnerly submitted. My records indicate, by
U.S. Postal Service certified mail receipt, that the Lawyers Assistance Program received
these materials on December 2ih 0[2004.
As a courtesy to me, I would greatly appreciate if you would let me know ~f this report is
deficient in any way and whether there is anything called for by the committee or the
Evaluation Plan that] have failed to do.

Sincerely,

Cf,ho/O),._Gz11&lt1d . .D.:. . 1f:u::f,Lr'/ v

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I..........._.................. ...... .....................

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MARCIA D. FIUPAS
i
Notary Public Siale Of Navada E
,
. ' AppoinIment Recorded In Washoe COO'lIy
'.
No: 00-61~2. Expires March 20, 2008 !
"
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Zach Coughlin! Esq.

'_.-_._Psyt:hotherr:tPV

Oliver Ocskay, PhD.

Chnir:al

PS~';;9V- ----

Ure1lS "PY08R

December I l. 20(}4
Patrice Eichman

Stale Bar of Nevada

600 E. Qlar1esoo Blvd.
Las Vegas, NV 8910-1

I have been asked to wrile regarding psycboJogk.a1 treAtment with Zach Coughlin. Mr. CougWifi

has been attending psychothernpy s~ssjons since 4128103. He has attended 24 sessions.

Mr. Cougblin bas been an active participant in his treatment He bas continued to improve his
ability 10 take personal responsibility for his behaVior. He has continued [0 minimi7A:- the impact
of authority conflicts and hypersensitivity to criticism on bis behavior. f;fe has continued to use
self-monitoriag and !'uess reduction lCch.n.iques to cope with difficult situations. These and otber
cognitive behavioraJ stralegie<s have contributed to continued improvement in his ability to a..c;scss
and rupond 10 a variety of sitwuions more effectively and .adaptivefy. He continue!> to giv-c:
every indication tblll: be is on II course 'that is working weU.for him and be-l ping him to maimain
(he StrUctures he needs lo maintain a consistenl pauern of good judgement and adaptive behavior.

Sincerely.

.,
tU,(pv~ /1tfJ
/.

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.;80 IN 2nd. Suite 301

R~nr)

N(,V(\c1a 1)9503

(775) ,805771

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Poley, Pam

.-....

From:

Zach Coughlin [zachcoughlin@hotmail.comJ

Sent:

Sunday, July 10, 2005 7:30 PM

To:

Poley, Pam

Subject: RE: Intake documents

Hi Pam,
I am sony for taking so long to get back to your email. I started a full time job this last week at a retail
men's clothing store and do not have internet at home. I did mail all the documents to you and the one
document to Ms. Lawson. I have the day off tomorrow, Monday and am available all day. I have to
work on Tuesday from 10-7 and talking on the phone at work is not pennitted and lunch is only 30
minutes long, tops. I will keep my cell phone on me tomorrow, Monday, June 11th if you caB, 775 338
8118, and I will call you 1omorrow as well.
Thank You,
Zach Coughlin

>From: "Poley, Pam" <Pam.Poley@calbar.ca.gov>

>To: <zachcoughlin@hotmail.com>
>Subject: RE: Intake documents
>Date: Tue, 5 Ju12005 08:59:19 0700
>
> Thank you. My schedule is no longer going to accommodate a trip to
>Reno. How's your schedule look for an extended phone intake this week?

>
>

>
>
>

>From: Zach Coughlin [mailto:zachcoughlin@hotmail.comJ

>Sent: Monday, July 04, 2005 II :58 AM
>To: Poley, Pam
::.-Subject: Intake documents
>

>

::.-

>Hi Pam,
>

>1 amjust checking in with you to let you know

J have almost completed

>the intake questionairre and other documents to sign and will mail them
>to you this week.
>Thanks,

>Zach

01.0J
711212005

7..ach C'.oughIin
J 044

W. I- St, Reno, NV 89503

ZachCoughlill@hotmaiJ.com
Tele: (775) 3]8-8118 Fax: (267) 220-6025

June 18th, 2005

Pam Poley, MFT

Lawyer's Assistance Program

1451 River Park Dr. Ste 196
Sacramento, CA 95815
Dear Ms. Poley,
I apologize for the inadequacy of my previous correspondence with you. The omission of pertinent
infonnation was unintentional and a result of both miscommunication between my attorney and myself
and my own uncertainty as to what I needed to insert into the space under "Entity/Person Authorized to
Disclose/Obtain Infonnation" and with respect to the need to put checkmarks next to the "information

subject to disclosure will be limited to the following" section of the "Authorization for Disclosure and
Release ofInfonnation".
Pursuant to the LAP Evaluation Plan, and subsection #6 in particular, I am enclosing a phannacy
printout detailing all personal use of prescription medications. Also, I am including a listing of my
current medical providers, as the space devoted to that in the "Authorization and Release" is not large
enough to provide the contact infonnation for each care provider. Please let me know if I am not
including the type of "EntitylPerson Authorized to Disclose/Obtain Information" for which this
document is asking.

In order to complete the intake interview, please let me know a time that will work for you and I will
make sure to be available.

Sincerely,

Zach Coughlin

Jrc C'--C0-LJC(I~ \
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Security Deposit Itemization

(Deductions for Rep;oirs, Cleaning and Unpaid Rent)

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RenmlPeriod,

1. Security Deposit Received .

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2. Interest on Deposit (if required by lease or law):

3. Total Credit (sum of lines 1 and 2)

$Qf;O-a-O

4. Itemized Repairs and Related losses:

'P
Totd Repair eo.t

$ _ _ _ _ __

5. Necessary 9eaning:

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TotalCleaningCost: $~

6. Defaults in Rent Not Covered by Any Court Judgment

(list dates and rates):

Total Rent Defaults: $ _ _ _ _ __

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130

0001

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Ren~ Costs, "Homey Fees, $ _ _ _ _ _ __

7, Nnount of Cotnt JudJlment for

8. Other Deductions:

Spec;fy,...J'!'''' au+fUj/) i
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a. Total Amount Tenant Owes landlord:

b. Total Amount landlord Owes Tenant:

978'1.&; -07

s 70,[.
$

$ _ _ __

Commen~: ____________________________________________________________

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...
0002

Attorney and Agent Detailed Infonnation

'. (I)

United States Patent and Trademark Office

Homol S;te I"dex I So",h I FAQ I Glo"",,, I Gu;de, I (o"tac" I eBu,;"o" I eB;, alort, I Now,1 Holp

Boards & Counsel> OED> Patent Attorney/Agent Search> Search Results> Detailed Information

Last Name

Coughlin

First Name

Zachary

Middle Name

Suffix

Firm Name

Address

945 W. 121h Street

City

Reno

State/Province

NV

Postal Code

89503

Country

US

Primary Telephone

775-338-8118

Registration Number

53905

Attorney/Agent

AGENT

Date Registered as Agent

05/0212003

Data extracted on Mon May 07 17:28:09 EDT 2007

I.HOME I INDEXI SEARCH I eBUSINESS I CONTACT US I PRIVACY STATEMENT

Last Modified: 05/07/2007 EST

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ul ilpplicants to the State Bm of California to determine their

m(lr.lll'hurlIrll'l I,udl;!r), Bilrker ('ollghhn hus upphcd tu become a member of the State Bar of
"l"OPY or an AlIthnrii'alilln und Rclcuse signed by Mr. Coughlin permitting us 10 receive
du(umcnts ullll infornmlillll relcvantlO him is enclosed, Also enclosed is a form IR002, and Affidavit.

('lIhftlrniu

1 am rt'quc:4tinlf, the h,lluwing dueurncnts from your agency, (1) Drivers License Data Ten Year Record.
(2) Chationlchll.rginaJ documents and cOllviction documents ror conviction on 1/9/03 or speeding,
".,lon no. R1153 t 7. (3) citation/charging documents and conviction documents for conviction on
1/20105 of speeding. cilation no. 0000982687. (4) Failure 10 Appear (FrA) citation no. I02053878A.
and dilpolition. (5) Failure (0 Appeur citation no, 102497085B. and disposilion and (6) Failure to
Appear citation no. I02497085A. and disposition.

I would IPProciate these documents being certified.

Should thIro be

charae for copyinatc:ertific::ation. please send me an invoice for prompt payment

11',.. ... ..., ".-..... pl_ con_ mo 01415/538-2540.

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f. l ",d "" appl,<,;;aU'Ul ..... " _h 'he (" : .... T\0'\,\\l:. ...

("Cnmm iucc'). Ilo.:rcby Ctm-...:.nl lO haVl:. an

jflve~fjpafjon made as 10 my quaJificHion for gc)Q(l m o ral charaCler.

I ha ve. can:ru\\y re-ad the
que.... Uolis in th e foregoi ng application and have answered them truthfully. funy and completely.

without mentaJ reservation., of any kind. I fully wldcrs tand that failure to make a fun
di.... cJosure of any facl or information called for may result in the denial of my application and

receipt of an adverse moral character determination. J therefore agree to give the Comminee
Ihrough [he Slate Bar's Office or Admissions any further information which may be required in
-ererenc!! to such investigation. J undt'fstand that the contenlS of my moral character investigation
are contidential and !.hat I will not receive and am not entitled to have disclosed to me the
information rece ived or obtained during such investigation except as provided under California
Evidence Code section 1040.

I also authoriz.e and request each and every law school having control of any documents,
records, or other information pertaining to me to (i) furnish such to the State Bar 's Office of
Admissions, as required by the Committee: (ii) permit the Canmittee or any of its agents or
rcprcsentali <
\'cs to inspect and make copies of such documents , reoords and othe r informacion; (iii)
answer any inquiries, questions or interrogatories concern ing me which may be submitted by the
Comminee; and (iv) appear before the Comminee and to give full and complete testimony
concerning me, including any information furnished by me .
1 further authorize all educational institutions and testing organizations to release to the
Committee any information, files or record s pertaining to me requested by the Commillee in
connection with any studies oonducted by the Committee regarding the admission process.
I hereby release, discharge, and exonerate any law school, educational institution, or testing
organization, any of their respective employees, agents and representatives, and any p::rson or
organization supplying requested documents, records, and other information pertaining to me from
any and all liability of every nature and k.ind arising out of the furnishing of such documents.
records and other infonnation to the Committee.
I further authorize and request every person, firm, company, corporation, governmemal
agency. bank. credit company, instrumemality. law enforcement agency, coun, associar:ion or
institution having control of any other documents, records am olher information pertaining to me
(including any confidential or sealed records; files of bar associations or disciplinary pertinen! data)
to (i) furnish to the Committee my such information; (ii) permit the Committee or any of its agents
or representatives to inspec:t andmakecopies of such documents. records and other information; (iii)
answff any ioquiries 9 questkms. or interrogatories concerning me which may be submitted by the
Comminee; and eM .t!ll!.~ 1M: Comnittee and to give full and rompJelc testimony

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AFF I DAV IT

Being flfsl du'Y sworn under ponn,ty of porjury I horoby stuto:

I /18'1e read. tully understand and agree to abide by the laws and regulallons now In "Ueci
anti hfH8mat\Of ena<:;\ed
nt
or adop.ed regardIng the manner in which persona' inform8tlon Irom the Dopartme
01 MolQ( Vtif,'C""
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license and regis.ra,ion files and records may be obtolned ond tho limIted UlJe& WhICh are perm,\tfld

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Ie)
Id)

pfoV".on~ ,....t

I understand that .my sale or disclosure of information so obtained mu..t tm ,n ac.cordanol) ,/,It, 1M
Ihis section. SpecIfically. that I must keop records of 8uch 88113 or dllsclo'!lun, lor "Ie fIlar. (fJr
1
inspection. and thai such sale or disctosuro may only be lor a
pflrm t!f.td undor 'all.

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I understand thai a violation o( the provisions o( NRS 48106"" a ,romlnal ol1on,. Speof,,-,,"

dfJP~rtmant,

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url~",

'j",at."
to make a false representation to obtain any information frorn the
or \.0 \r.w."lfI'il rJbt;)." r.;'f '1
any information from the files or records ot the dopartment for any use not permltled
1t,1: ,,'f'/n:y-po\ ?
chapter.
I

DATED this

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TrUe (if applicable)

S9'*' and swam to before me this

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DCJr Sir or Madam'

fhc atx)\"C-namcd indi\ iJual h01:- "\rrli~J tl' ix.'1:'OIl1(' a ml~m\'l~r ll( th\.' St;H~ lbr 1",1" C~II i furnin I'he
Bar of Calif()mia licenses and \lisdplint.'s ,Ill C,llit~lOli:l atll)Oll':- s_ I'his t )Ilil"l' im \.'stigatcs the
back.ground of upplic~ults to the St~n(.' B~lr. A COP) l)f ~Ul l\lIthl'ri /,\lil)n ,lnd Rl'Il.:~IS\.' ~igJ1\.'lI hy Mr.

Statl.:

Coughlin is attat.ht.-d. \\ hh.:h Autill.)ril utlllll p('nnits u.s W rt. ...t.~i\ 1,.' Jl)t:'UI11l'IlIS .lIld inlllrlll;lliull n ..'k\'unl to

Mr. Coughlin.

I understand that ~tr. Coughlin h.ts rt.'siJl'J in ~t.~' ;ldil SIIlI."(.' .lrrnr\.imatt'[) PN I I '\ ish to receive:
copy of Mr. Coughlin's Statc orNC'v,lda drin:r's IiCC'IlSl'IS \\dl.1S a l'I.)P) of his driving hi.story
(including any violations of Ncvada driving h",.s) since ~lpprl'xinhlh..'I:- 1991.

Should you have any questions. please contact me at.J 15 5J8-~2q~ .

Thank }OIl in aIvIDce for your cooperation.

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concerning Oll', indulhng .111) iuhHll\ation hllnio;\tl't\ h\ 11\\'

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nature Nld kmcJ afililili

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any and

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of overy

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reqUO.l overy ponon. nfm, \.'iIIllIIIUl' I ill 111\\ ,1\11 1\1 \ ~tll' \'\ !l\lli 111 .11
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lntormllion: (U)pClrmh Ih" t '\llIlIlIlIlw I~ ;\111 ,\I ' 11 1i IlrC' III ..
documol\1l1i. rOI.~uhh4u,,1 \11111'1 111111111111111111 \1111
concernln 11\" whu-h 1\,,1\ \1.- 'I\I\11\1I1h II 11\ 111\

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..,19 .... .. Cowa::Jaet. it) pamn ... C<IDIIIiaee or MI)i of its aJCl3'S or

infonnariolt (ui)
4 ,..... ~~ me . . . . . , be willa ..., by cbe
... \ I . . . _ . . . _ _ IAII to Ii.. WI ... rompk" ~
_ ..as_II\) WftfUmaIlUl fv.raisMd by _ _
... _

...... 01 _ _ ...... MId _

ll'wt'fb, I"I!tN . dbdartt .oo. e~uotmr.~ law boot cduQIioaal ~ or IeSIin&

\1CI'."'-' at\) f."f the... ~h'f ~yees. qcm and ~rives. &ad any pmoa or-

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r<>nI .lIIdooher -penainia& 10 me from

_ 0\1 IIobIIII) 01 ...", _
and tlod arm",
of ... fumillliq of sucb 00c..........
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00'

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,,-_1
iIII\)noaJioo peruinina \0

me

oIiIs_

ma,y be _ " " " II) die

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luudl"'l>';lIld Ih illlhl' I,U': I111;l1I alii

iI Cahhlrtlill :ll'lllu.:::nnt will he
co 1l1nlunl\:.\\CU
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admuung 'ullll' ... ii ' well ii' IU the Nilllollill Co ntere nce o f Bur Examiners ;:md by thal. ai;\,."C)' \~
,

JC 1 othcr Bar 'l(.hm ltll1g JUlhoritu:s it'\ may IIlqUITC. and I further authoriz.e the Committee to release
ar.y lOti JII ,ul;h mall'rials suhmiucd In suppurt of this applicat ion to ether Bar admitting entities and
Ihe ~ational Cnnkrt:m:c uf Bilr Ex.'lnincrs for purposes of olrer moral character investigalions
~naHlIng,

10 me

I als!} U!}t\c"t,,!}d lhal pu"ua'l to Rule VI, Scclion 7 or lhe Rilles Reglllating 1dll1lSS'Ofl To
P'IJelicf' L(1\\' In ('u/ifortlia. 1 am und!.:T a continuing obligation to keep my application currem and
mus\ u\lda\c in writil\J!, my responses to the application whenever there is an add ition to or a change
in{orl1\i\hll\l prcvimlsly t"urnishellthc Committee
\ hereby rc\ca~c anuc)r.oncriltc the State Bar of California (including its Board ofGo\ernors.
""l ommiucc. m4.:mhcrs or the Committee of Bar Examiners. and officers. employees. agents and
rq1fC'iClltativc'dll' the State Bar) rronHmy and all liability of every nature and kind arising out ofrl1e

furmU\ing, or 1I\\lll.'ltinll of such UtX;UIt'l!nts. records. and other information penaining to me or t.he
mlJrd\ ch.ulcter itwc\tigilliuns made by or on behalf of the Commiuce.
For purpOSl: '> of this rdCa\c.lhc undersigned ghes permission to use a photocop) of his 'her
nn thi ... form a\ an mittin,,! \ignaturc

nitturc

1I1('rehy dl'dare under p4!ually of pcrjuT)' under the laws of the Stote of California that
the unS\\l'rs nnd \tnh.' IU~\t!, pro\idcd b) m(' in the foregOing appication nrc true and correct.

SIGN HEilE

recel.ed Iftore Ihan 30 da,),s a htr bE'inl:, siJ:,nl.'d \\ ill

bl~

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01/20/2005

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DEPARTMENT OF MOTOR

UlQUBsT ~TE

.-S-DlvTs~o~

CENTRAL SERVICES _ RECORD

555 Wright Way
1-0250
Carson City, Nevada 8971
1775)684-4590
09/18/2006
suP. TRAN 10

31902780

BAR OF CALIFORNIA

IIIliIfARIl ST
FRANcISCO CA 94105-1639
DRIVERS LICENSE DATA
TEN YEAR RECORD

LICENSE INFORMATION
-

STATE OF REC,NEVADA
LAST.TRN.DT ,08/16/2006

:3200175008

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CARll DETAILS

CARll HAS BEEN ISSUED

ZRDtvroOAL DETAILS

ZACHARY BARKER COUGHLIN

09/27/1976

945 N 12TH ST
: RENO NY 89503
9.5 N 12TH ST
: RENO NY 89503

EYES ,GREEN

HEIGHT:6'04 NEIGHT, 210 HAIR,SRONN

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STATE BAR COURT OF CALIFORNIA

6
7
8
9
10
11

HEARING DEPARTMENT - SAN FRANCISCO

IN MATTER OF APPLICANT
FOR ADMISSION
ZACHARY BARKER
COUGHLIN, ESQ.

)
) Case No: 06-M-13755-PEM
)
)

12
13
14
15
16

Trial on Application for Admission to Practice Law

May 8, 9, 10, and 22, 2007
San Francisco, California

17
18

Judge Patrice McElroy

19
20
21
22
23
24

Also Present:
Susan I. Kagan, Esq.
Deputy Trial Counsel, State Bar of California
Zachary Barker Coughlin, Esq.
Applicant

25
26
27
28

1/486 Complete Transcript of Trial 06-M-13755

5/8/07 Transcript:

Judge McElroy: This is the matter of Zachary Coughlin case

number 06-M-13755. Today's date is May 8 th, 2007. today's the first day

of the moral character hearing. Parties, state your appearances for the

record.

6
7
8
9
10
11

Ms. Kagan: Morning, Your Honor, Susan Kagan appearing on

behalf of the State Bar and the Committee of Bar Examiners.
Mr. Coughlin: Good morning, Your Honor, Zach Coughlin
appearing on behalf of myself.
Judge McElroy: The court is going to proceed in the following

12

manner. There's gonna be opening statements from both parties.

13

Applicant is then going to present his case the applicant is initially

14

going to furnish enough evidence of good moral character to establish a

15

case. In this case, the applicant is going to have to furnish enough

16

evidence that he has good moral character which would include

17

evidence that he has addressed any alcohol abuse issues, okay? Once

18

the applicant has made his showing of good moral character the State

19

Bar is going to have to present evidence to rebut that good moral

20

character and then the applicant is going to have to rebut the showing

21

of bad moral character with proof of rehabilitation or an explanation

22

for why his behavior may not indicate bad moral character. In terms of

23

scheduling witnesses, how many witnesses are you gonna have, and how

24

are we going to schedule them?

25

Ms. Kagan: Most of my witnesses are scheduled for tomorrow okay

26

and I believe there are at this point seven witnesses scheduled for

27

tomorrow.

28

Judge McElroy: Tomorrow we're only going until four o'clock so.

2/486 Complete Transcript of Trial 06-M-13755

1
2
3
4
5
6

Ms. Kagan: I don't think it's going to be a problem if anyone is not

able to testify they can testify Thursday.
Judge McElroy: Mr. Coughlin, how many witnesses do you have?
Mr. Coughlin: I don't have any witnesses other than myself, if the
court wishes to hear from me.

Judge McElroy: Okay, well you're going to present your case first,

so do you want to start with opening statements and you would go first

because it's your burden. So, let's start with opening statements.

10

Mr. Coughlin: Okay, should I stand up?

11

Judge McElroy: Sure but whatever it is you're comfortable with.

12
13
14
15
16
17
18
19
20
21
22
23

Mr. Coughlin: Good afternoon, Your Honor, I apologize again for

being late. I think I should start off by addressing what would
probably appear to you as a paucity or a lack of witnesses and things of
that nature. I don't have any excuse for that other than to say that this
process has kind of gone about as far as I can go with this process, and so
I'm just here to answer any questions you might have. I think you've got
access to a thorough description of the issues that the State Bar was
concerned with and my attempts to address those issues and simply put
I don't think anything I've done is so bad that it should prevent me
from getting a license, especially when viewed in combination with the
steps I've taken to address the concerns the State Bar has.

24

Judge McElroy: Do you have an opening statement.

25

Ms. Kagan: It'll be just very brief, Your Honor. As set forth in the

26

pretrial statement this case is about candor and cooperation. There are

27

Mr. Coughlin the evidence will show that he has an inability to be

28

candid with State Bar in relation to its investigation and this

3/486 Complete Transcript of Trial 06-M-13755

proceeding. He, first of all, omitted things from his application and he

failed to update his application. When he did provide updates to his

application there are many misrepresentation made in those updates

and he has essentially failed to cooperate with the preceding and that's

evidenced by his deposition testimony as well as his dealings with this

court and the State Bar and based on that the State Bar submits that

Mr. Coughlin will be unable to prove that he has a requisite good

character for admission.

Judge McElroy: Mr. Coughlin, what you should do now is present

10

your evidence of good moral character and because you're representing

11

yourself you'll have to get up on the stand and present your evidence of

12

good moral character in a narrative form. Okay, so you're gonna have

13

to be sworn.

14
15

Mr. Coughlin: Can I bring my notes with me to the stand?

16

Judge McElroy: Sure.

17

(The oath was administered to Mr. Coughlin.)

18

Mr. Coughlin: Good afternoon, Your Honor, to present in a

19

narrative form why I think I should be given a license I would start off

20

by pointing to the issues that the State Bar has highlighted. To start,

21

the omissions that the State Bar is pointing to are of the type that past

22

case law in this state in licensing and moral character applications

23

have been viewed as so minor as to not qualify as the type of omission

24

that reflect adversely on candor, particularly when viewed in light of

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the fact that I reported things of a far more serious nature such as a dry

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reckless driving charge.

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I reported the incidents at law school to the State Bar. I reported

my arrest in October 2001 to the State Bar and from the State Bar's Pre-

4/486 Complete Transcript of Trial 06-M-13755

Trial Statement some of the omissions in which they're taking issue

with are things things like, and I'm quoting here: Mr. Coughlin said he

was a patent attorney he's an attorney who is also listed as a patent

agent it's unclear whether he's a patent attorney. Things of this sort

which are really overly technical and and I'm not even sure that's an

omission if you look at the record thoroughly. Throughout this five

years of interacting with the State Bar I've been, if anything,

extremely candid. I don't know how many people you have come into

the State Bar informal conferences and bring up drinking as an issue,

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you know, who you don't have a DUI, and who never been convicted of

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any crime other than a dry reckless driving charge January 2003 and

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perhaps some minor speeding tickets along the way.

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Further, the State Bar has been presented with, in my estimate,

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somewhere in the range of over six hundred signatures from recovery

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based meetings. So, if the issue is recovery, you've got someone who

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came in self-reported and they went out in going to a great deal of

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meetings and present documentation as well as letters of support from

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the State Bar Nevada's Director of that bar's Lawyer's Concerned for

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Lawyers program, and attorney mentor, and several other attorney

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letters of recommendation testifying to my character specifically.

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Judge McElroy: Before we proceed, do you have a list of exhibits,

did we get a list of exhibits from you?

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Mr. Coughlin: Other than what the State Bar submitted, no.

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Judge McElroy: All these attorney mentor letters, where are

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they?
Mr. Coughlin: They're included within the State Bar's.
Judge McElroy: Okay.

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Mr. Coughlin: Pretty much everything I would have submitted as

an exhibit has been covered by State Bar's.
Judge McElroy: So you don't have any exhibits, okay?
Mr. Coughlin: Other than what I would be able to use out of the
State Bar's.
Judge McElroy: Okay, I mean what I need is evidence of good
moral character, okay?
Mr. Coughlin: I see, Your Honor. I would point to as evidence of

10

good moral character included in that is one's attempts at

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rehabilitation as I understand the law. In addition to what would be

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contained in Exhibit 3 when I did an update to my moral character

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application which is followed by approximately 45 pages of signatures

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for AA meetings from over from early 2003 to the present day these

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were done and just voluntarily on my part, for the most part other,

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than a six-month period in which the LAP program had directed me to

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attend one meeting a days for 180 days in a row, or one recovery

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activity.

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But that's an hour a signature and so I think that to me illustrate

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a great deal of time and effort that's been put into this which I don't

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know if I think can really be summed up in words, but hopefully this

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number of signatures and the number of pages that have been

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submitted can make some impression. Additionally, there's a letter

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from Coe Swobe. Exhibit 40 contains letters of reference from a number

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of attorneys. I apologize, that's actually Exhibit 39.

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Ms. Kagan: Your Honor, I'm sorry, I'm going to object to any
reference to letters of recommendation in this matter on the basis that

6/486 Complete Transcript of Trial 06-M-13755

the State Bar never agreed to have character witnesses by declaration

or by letter.

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Judge McElroy: So the objection is hearsay?

Ms. Kagan: Ha. Exactly!

Judge McElroy: Sustained.

Mr. Coughlin: Your Honor, if it is a trial exhibit, does that mean

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it's part of the trial and is to be considered by the court or?

Judge McElroy: It depends on if they're admitted into evidence. I

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don't know what's going to be admitted into evidence. What I would

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suggest is that you tell the court in your own words why you think

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you're a person of good moral character. What volunteer work you've

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done. I mean just give us why you think you're a person of good moral

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character and why you should be admitted and you can refer to some of

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the exhibits. Some of them may come in, some of them may not, but that

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should have been worked out with you in terms of a declaration with

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the State Bar in terms of whether they would accept declarations from

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people that you were a person of good moral character and in general

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they accept declarations but you have to work that out ahead of time

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because otherwise it's all hearsay.

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Mr. Coughlin: I would refer to those letters and I know you

sustained the objection so I don't know to what extent I can still refer to
them but they are included in the State Bar's exhibits. There's a letter
from a Reno District Court Judge John Kadlic in there. There's letters
from attorneys that I've worked for, the Johnson Hanan firm, the
Morishita firm.

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Ms. Kagan: Your Honor, I am going to object to this based on

relevance.
Judge McElroy: The problem is, it is hearsay. I mean the problem

is these people there should have been declarations are they should

come in here and testify. I mean, I can tell you generally in moral

character trials, what you do is you have eight or nine witnesses come

in and say that you're a good moral character and that you should be

admitted and they give examples of what things that you've done that

would indicate that you're good moral character. And you can do it I

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mean, if you don't have other witnesses, of course you can do it yourself,

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as you can start testifying as to why you believe you are a good moral

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character.

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Mr. Coughlin: Okay, well, I think I'm a good moral character

because I've, you know, I graduated from schools, graduated from
college, graduated from law school. I passed three bar exams and I've
never been convicted of a crime other than a dry reckless driving
charge. I self-reported that perhaps alcohol was an issue to the State
Bar, which to me is presumptive evidence of good moral character. I
don't know how many people you get to do that a year, but certainly if
that's not looked upon as exhibiting some degree of candor or
cooperation then I think that sets a dangerous precedent for those in
the future who might be thinking about self-reporting or taking a look
at their drinking. It creates a climate of distrust and fear and secrecy
with the State Bar if you got a guy who came in never was arrested for
anything other than it dry reckless driving charge who said to the
State Bar, you know I think I have a problem with drinking and I'm
taking a look at it, who then went out on his own at his own direction
collected upwards of six hundred AA signatures from one hour a

8/486 Complete Transcript of Trial 06-M-13755

meetings, submitted a bunch of letters from different AA attorneys in

Nevada and attorneys in Nevada who have been active in AA and on

the Nevada State Bar's substance abuse chapter for years and years,

and letters from district court judges.

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Ms. Kagan: Objection, hearsay.

Judge McElroy: I'm gonna overrule the objection because he hasn't
really got into details about what they've said. Do you do any type of
volunteer work? I mean, what do you do?
Mr. Coughlin: Well, in AA I do volunteer. I make coffee, I have

11

held commitments in AA where I get up before the meeting and make

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the coffee before the meeting. I have people in my life who have started

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going to AA because I've taken them to AA meetings and they've

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started getting sober because some way I think helped that to some

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extent by taking them to a meeting. In some way I think just being

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here is a bit of a service that I'm doing because this isn't a comfortable

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situation for me and probably there's not a whole lot for me to gain out

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of this, but I believe, I have strong feelings about the way this situation

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has gone and the way my particular case has been handled and I think

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it deserves to have a look taken at it to see if perhaps there are some

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issues here that we need to be concerned with in terms of the policy

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that's set forth if this court and the bar is to look at those who self-

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report and go on to treat them in the way that my case has been treated

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and what the ramifications of that will be.

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In addition, I think there's some issues to look at in terms of the

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LAP program and how it deals with the individuals who present with

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either some sort of a ADA issue or some sort of condition or health

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problem that maybe takes them out of the realm of their typical

9/486 Complete Transcript of Trial 06-M-13755

participant, one who maybe is just a garden-variety alcoholic. But, how

does the LAP program treat those who present with ADD or who

present with back pain or who present with diabetes or something that

complicates the matter and is the LAP program being respectful of that

person's doctor-patient relationship? Is it trying to commandeer that

relationship? Does the LAP program and the State Bar discriminated

against individuals who maybe I've had to take certain medications

that the LAP program would rather them not be taking.

Judge McElroy: I mean I think what you should do is address the

10

issues of the honesty, fairness, trustworthiness. Those are issues that

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this court is concerned with. Present through your testimony evidence

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that you're trustworthy that there's honesty, candor those issues, okay?

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Mr. Coughlin: Well, to go back to something like in high school, I

was an all-state basketball player three times and I was a captain of
team, things like that, never missed a practice and developed a good
relationship with a group of people in that way and I think was you
know someone who was doing something to be productive with their
life. From there I went on to college and then law school and basically
was just a student, you know? I think something that's really
illustrative of my candor and trustworthiness is the self reporting to
the State Bar that I mentioned earlier in addition to the prompt
reporting of my dry reckless arrest and of the movie theater arrest and
of the law school paper matter. This isn't a case of someone who got
arrested and didn't report to the State Bar. These are situations where
I promptly reported to the bar and just this determination to face
adversity of you know graduating from law school and passing bar
exams and not being licensed, and going from the time I passed you

10/486 Complete Transcript of Trial 06-M-13755

know the Nevada Bar to get actually getting license was well over

three and a half years.

So just hanging in there trying to stay active in the legal

community, which was not very easy I think most people who are

trying to work it in the law who don't have a license but passed the bar

would say that it can be difficult to find a good position in a firm given

the economics of law practices and the state of the economy in those

years that I'm speaking of which was roughly 2001-2004. So I think that

illustrates a lot of character in that I stayed persistent, I stuck with it.

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I had to do something to get the Nevada bar to license me because from

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my experience they don't take that lightly at all and you know it took a

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lot to convince the powers-that-be in Nevada that I should get a license.

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I think that's something that perhaps this bar could consider and give

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some weight to especially considering that I was in Nevada for the

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better part of my life. I only lived in California first something around

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two months and so it's those in Nevada who have had the opportunity to

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observe me and make judgments about my fitness to practice law.

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Judge McElroy: Okay, so for the record what you need to do is

establish because it's not on the record that your are a Nevada lawyer,
that you have proven to the State of Nevada that you have good
character by definition. I mean, you have to present evidence because
I'm not hearing it now. What you, I mean I can presume your a Nevada
lawyer because I have all the papers, but it's not in the record. You've
got to do that, okay?
Mr. Coughlin: Okay, well can I state under oath that I am a
Nevada lawyer?

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Judge McElroy: Of course, that's what you're here for. I mean

what you have to do is prove that you have good moral character and

you have to give us proof so you have to set it up so that it's in evidence.

Mr. Coughlin: Okay, well I am a Nevada lawyer. I also have

passed the patent bar exam, the U.S Patent and Trademark Office's bar

exam, and have been licensed with that office.

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Judge McElroy: Was there are moral character component in

getting the license for Nevada? Was there moral character component
in getting a license to be a patent attorney? These are the things we
need to hear.

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Mr. Coughlin: Yes there was-

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Judge McElroy: Okay, so go ahead.

14

Mr. Coughlin: In both cases, there was a thorough process, in both

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the Patent Bar's licensing application ,moral character application and

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in the Nevada Bar's. I was given the license as a patent agent prior to

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become an attorney in 2003, May of 2003, and I was subsequently given

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a Nevada practice law March of 2005. From march of 2003, I've been

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active in Nevada bars Lawyers Concerned for Lawyers program which

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is a program affiliated with the State Bar of Nevada that is somewhat

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analogous to the LAP or The Other Bar programs that are in

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California. That's including meeting once a week with a group of

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attorneys for an hour long meeting. I've had some experience in the law.

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I worked in a litigation firm and I worked in a medical malpractice

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firm and I don't know what else I might be able to say to prove that I

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have character.

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Judge McElroy: So do we have cross-examination?

12/486 Complete Transcript of Trial 06-M-13755

Ms. Kagan: I don't believe so, Your Honor.

Judge McElroy: So, at this point I'm gonna make a ruling that

you've made a prima facie case that you have good moral character and

so now the issue is going to be the State Bar rebutting that good

character. So, I'm gonna make a ruling that you've shown that you have

you've made enough of the case that you have good moral character. So

now the State Bar can present their evidence to rebut that, so you can

step down and you can cross-examine their witnesses.

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Ms. Kagan: I'm going to call Mr. Coughlin as my first witness.

What I'd like to do first, Mr. Coughlin, is go through all the
applications and updates that we've submitted to the State Bar.
Mr. Coughlin: Excuse me, do I have to be cross-examined? Is this a
situation similar to a criminal case where one can refuse to testify?

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Judge McElroy: No, you can't refuse to take the stand.

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Q: I'd like to turn to Exhibit 1, Mr. Coughlin.

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Mr. Coughlin: I'm sorry would it be possible to use the restroom?

Judge McElroy: Sure, so why don't we take a five-minute break so
you can.

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Court: Back on the record.

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Q: Mr. Coughlin, please turn to Exhibit 1. Do you recognize

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Exhibit 1?
A: Yes, I do.

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Q: How do you recognize it?

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A: My original application, moral character applications to the

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State Bar of California.

13/486 Complete Transcript of Trial 06-M-13755

Q: This is something that you filed with the State Bar?

A: Yes.

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Q: Can you look at pages 1 through 25 and advise whether or not

every single page was submitted by you to the State Bar?
A: I believe so yes Your Honor I would request to move Exhibit 1
into evidence?

Judge McElroy: Any objection?

A: No, Your Honor.

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Judge McElroy: Exhibit 1 is moved into evidence.

Q: Move on to Exhibit 2. Mr. Coughlin, do you recognize Exhibit 2?

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Just to put on record Exhibit 2 is a three-page exhibit, first page is

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entitled Amendment to Application, second page is a letter on the

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letterhead of Zachary Barker Coughlin dated March 19, 2003 and page 3

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is a letter entitled Application of Zachary B. Coughlin dated February

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23rd, 2003.

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A: The question is do I recognize Exhibit 2, and that would be

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these three pages?

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Q: Yes.

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A: I recognize the first page the second page I don't see a signature
but it looks familiar and the third page I recognize.
Q: Let's turn to the second page then is this a letter that you
submitted to the State Bar?
A: I'm not sure.
Q: Did you write this letter, Mr. Coughlin?

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A: I think I did it would help if there's a signature on it though.

Q: Other than the signature, do you know whether or not you

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wrote this page?

A: I'm not sure my guess, would be that I did though.

Q: Move to have Exhibit 2 admitted into evidence.

Judge McElroy: Any objection?

Mr. Coughlin: No, Your Honor.

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Judge McElroy: Exhibit 2 is admitted into evidence.

Q: Exhibit three Mr. Coughlin. Exhibit 3 is a 38-page exhibit on

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that is on the letterhead of Zachary Coughlin dated February 15 th, 2007,

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do you recognize Exhibit 3?

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A: Yes.

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Q: How do you recognize it?

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A: As the update that I mailed to my moral character application.

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Ms. Kagan: Request to have Exhibit 3 moved into evidence?

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Judge McElroy: Objection?

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Mr. Coughlin: No.

Judge McElroy: Exhibit 3 is admitted into evidence.
Q: Exhibit 4 is a 22-page exhibit and the first page is entitled

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State Bar of Nevada Application for Admission 2001 data input sheet,

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do you recognize Exhibit 4.

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A: Yes, I did.
Q: How do you recognize it?

15/486 Complete Transcript of Trial 06-M-13755

A: It is the application for admission to the State Bar of Nevada.

Q: Is this something that you submitted to the State Bar of

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Nevada?
A: Yes.

Ms. Kagan: Request to have Exhibit 4 moved into evidence.

Judge McElroy: Objection.

Mr. Coughlin: No, Your Honor.

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Judge McElroy: Exhibit 4 is admitted into evidence.

Q: Okay, let's turn to Exhibit 17, please. 17 is a five-page exhibit,

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the first page is dated January 9th, 2003, attention Kathy Crary and the

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middle of the page says sincerely Zach Coughlin. Do you recognize

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exhibit 17?

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A: Yes, I do.

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Q: How do you recognize it?

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A: A letter from Ms. Crary to myself.

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Ms. Kagan: Request to have Exhibit 17 moved into evidence.

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Judge McElroy: Objection?

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Mr. Coughlin: No.

Judge McElroy: Exhibit 17 is admitted into evidence.
Q: Let's turn to Exhibit 19, a two-page exhibit and the first page is

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entitled application of Zachary B. Coughlin dated February 23, 2003.

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Do you recognize Exhibit 19?

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A: Yes, it do, it's a letter from myself to Ms. Crary.

Ms. Kagan: Move to have Exhibit 19 moved into evidence.

16/486 Complete Transcript of Trial 06-M-13755

Judge McElroy: Objection.

Mr. Coughlin: No.

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Judge McElroy: Exhibit 19 admitted into evidence.

Q: I would like you to turn to Exhibit 20, a letter from Ms. Crary
to Zachary Coughlin. Do you recognize Exhibit 20?

A: Yes, I do, its a letter from Ms. Crary to myself.

Q: Did you receive this letter?

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A: Yes, I did.

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Ms. Kagan: Request to have Exhibit 20 moved into evidence.

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Judge McElroy: Objection.

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Mr. Coughlin: No.

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Judge McElroy: Exhibit 20 is admitted.

Q: Turn to Exhibit 21, a 15-page exhibit the first page is entitled

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amendment to application and dated March 19, 2003. Do recognize

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Exhibit 2?

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A:Yes.
Q: How do you recognize it?
A: Its an amendment to the application that I submitted. I don't
see a signature on the second page, but I do recognize the police report.

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Q: Was that the end of your answer?

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A: Yes.

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Q: I request to have Exhibit 21 moved into evidence.

Judge McElroy: Any objection.

17/486 Complete Transcript of Trial 06-M-13755

A: No, Your Honor.

Judge McElroy: Exhibit 21 is admitted.

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Q: Let's move on to Exhibit 25, a two-page exhibit the first page is

to Ms. Kathy Crary dated September 15 2003 from Zach Coughlin, the
second page is another letter dated September 15 2003 to Ms. Kathy
Crary from Zachary Coughlin. Do you this exhibit?
A: I don't know it looks familiar. There's two letters that look like
the same letter. I have pretty much a vague recollection of this.

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Q: Is this something that you submitted to the State Bar.

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A: I believe so close.

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Q: I request to have Exhibit 25 moved into evidence.

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Judge McElroy: Any objection.

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A: No, Your Honor.

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Judge McElroy: Exhibit 25 is admitted.

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Q: Exhibit 32 is a four page exhibit, the first page is on the

letterhead of Zach Coughlin, J.D., it's dated May 31 st, 2004. Do you
recognize Exhibit 32?

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A: Yes, I do.

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Q: And how do you recognize?

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A: I believe it's a letter I sent Ms. Crary.

Q: I request to have Exhibit 32 moved into evidence.

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Judge McElroy: Any objection.

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A: No, Your Honor.

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Judge McElroy: Exhibit 32 is admitted.

18/486 Complete Transcript of Trial 06-M-13755

Q: Now turn to Exhibit 39, please turn to page 29, a letter on the

letterhead of Zach Coughlin, J.D., to Pam Poley, the second page of that

exhibit is the second page of the letter signed Zach Coughlin. Do you

recognize page 29 and 30 of exhibit 39?

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A: Yes it's a letter to Ms. Poley from myself.

Q: I request to have pages 29 and 30 from Exhibit 39 moved into
evidence.
Judge McElroy: Any objection.

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A: No, Your Honor.

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Judge McElroy: Pages 29 and 30 from Exhibit 39 is admitted.

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Court Personnel: Just 29 and 30, Your Honor?

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Judge McElroy: Yes, so far.

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Q: Please turn next to Exhibit 72, Mr. Coughlin. Please turn to

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pages 33 through 57 of that exhibit, Page 33 entitled Mental Health is a

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document that goes through page 57 and it's signed or it says thank you,

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Zach Coughlin, Esq. On the last page. Do you recognize these pages of

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this exhibit?

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A: Yes, it's a LAP questionnaire

Q: Is this a questionnaire that you provided, filled out and
provided to LAP?
A: Yes. I request to have pages 33 to 57 of Exhibits 72 moved into
evidence.
Judge McElroy: Is there any objection?
Mr. Coughlin: No, Your Honor.

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Judge McElroy: Exhibit 72, pages 33 to 57 are admitted.

Q: Mr. Coughlin on July 8th, 2004, did you take part in an informal

conference with the Committee of Bar Examiners, and are you aware

that that conference was audio taped?

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A: Yes, I was, and Yes, I am.

Q: Were you provided a copy of the transcript from that
conference from the audiotape.
A: Yes, I was.
Q: I would like you to turn to Exhibit 12, a 10-page exhibit and it's

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entitled informal conference of July 8, 2004, Zachary Coughlin. Does

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this exhibit accurately represent what was on the audiotape?

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A: I believe so.

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Q: I request to have Exhibit 12 moved into evidence.

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Judge McElroy: Objection?

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Mr. Coughlin: No, Your Honor.

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Judge McElroy: Exhibit 12 is admitted into evidence.

Ms. Kagan: And I also have the audiotape of the informal
conference if that's necessary that's Exhibit 11.
Judge McElroy: Do you want it admitted?
Ms. Kagan: Yes, to be sure, yes I would.
Judge McElroy: Any objection?

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Mr. Coughlin: No, Your Honor.

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Judge McElroy: Exhibit 11 is admitted.

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20/486 Complete Transcript of Trial 06-M-13755

Q: Turn to Exhibit 5, a 25-page exhibit and the first page it's an

email from Zachariah Coughlin to Mtratos@QuirkandTratos.com. Do

you recognize Exhibit 5.

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A: Yes, I do.
Q: How do you recognize?

A: As an email from myself to Professor Tratos followed by what

appears to be a hand written response from Professor Tratos to myself.

Q: I would like you to look at the entire exhibit pages 1 through 25

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and advise whether or not these are emails between yourself and

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Professor Tratos.

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A: The initial email seems to be missing. The one where he asked

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for another copy of my paper. I remember we had a long discussion

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about that one email and is asking for another copy of the paper.

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Q: Is that represented by page 8 of the exhibit.

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A: Yes.

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Q: So going back to my earlier question, do these emails represent

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emails between yourself and Professor Tratos.

A: Well they they appear to be presented in some kind of
chronological order, however, say page 8 should be first.
Q: Okay, but other than the chronological order can you answer
the question.
A: Yes, they appear to be emails between Professor Tratos and
myself.
Judge McElroy: Any objection?

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Mr. Coughlin: I object to the extent this stems from the

investigation done the school.
Judge McElroy: Okay, but what is your legal objection.
Mr. Coughlin: Privacy.

Judge McElroy: Overruled, Exhibit 5 is admitted into evidence.

Q: Exhibit 6, Mr. Coughlin, a one-page exhibit it's dated April 7 th,

2006 to Zachary B. Coughlin from Janis R. Thibault. Do you recognize

Exhibit 6?

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A: Yes, I do.
Q: How do you recognize it?

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A: Its a letter from Ms. Thibault.

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Q: To you?

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A: Yes.

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Q: You received this letter?

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A: I'm not sure of that.

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Q: Request to have Exhibit 6 moved into evidence.

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Judge McElroy: Any objection?

A: No, Your Honor.

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Judge McElroy: Exhibit 6 is moved into evidence.

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Q: Please turn to page 12 of Exhibit 7, Mr. Coughlin. Page 12 of the

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exhibit is entitled Zach Coughlin, Esq. And appears to be a resume, do

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you recognize page 12, do you recognize it as your resume.

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A: I believe so, yes. And I'm sorry to ask again, but can I use the
restroom again, Your Honor?

22/486 Complete Transcript of Trial 06-M-13755

Judge McElroy: Sure. Why don't we take a five minute break.

Q: Before we take a break, can I have Exhibit 7, page 12 moved

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4
5

into evidence?
Judge McElroy: Objection?

A: No.

Judge McElroy: Exhibit 7, page 12 is moved into evidence. Let's

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9
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take a five-minute break because we're gonna go until one o'clock.

Court Personnel: Back on the record.
Q: Sorry if this is a little out of order, but move to Exhibit 8,
please Exhibit 8.
Judge McElroy: And and there's no way we could have had
stipulations?

15

Ms. Kagan: We tried to work on that, however, I mean if he's

16

willing to stipulate now to all the exhibits I have 74 exhibits we'd like

17

to take some time to review and if he has any objection I would be

18

happy to do it that way.

19

Judge McElroy: That might be easier, are you willing to do that,

20

just go over the exhibits and just give me a list of the ones you have

21

objections to or I don't want to put any pressure on you if you don't feel

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like at this point you can why why don't we just proceed and because I

23

realize it's a lot for you to have to look at so why don't we just proceed.

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Q: Exhibit 8 is a five-page exhibit it's on the letterhead of Lynn

Thingvold and it's from Rob Walton to Lynn Thingvold subject Zach
Coughlin. Do you recognize Exhibit 8.
A: No.

23/486 Complete Transcript of Trial 06-M-13755

Q: Do you recognize the emails from Rob Walton at Uni-

1
2

shippers.com to and from then Zanvibar2@hotmail.com?

3
4

A: So the first email we're not talking about, the one to Ms.
Thingvold?

Q: No, I'm talking about the other ones.

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7

A: They look familiar.

Q: And how do they look familiar.

A: They deal with a gentleman, Rob, who I know and involves

10

subject matter I am familiar with.

11

Ms. Kagan: I request to have Exhibit 8 moved into evidence.

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13

Judge McElroy: Objection?

14

Mr. Coughlin: No.

15

Judge McElroy: Exhibit 8 is moved into evidence.

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17
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Q: Let's turn to Exhibit 9, Mr. Coughlin, a one-page letter dated

November 21st, 2006 to you. Do recognize Exhibit 9?

19

A: Yes, I do, it's a letter from you to myself.

20

Ms. Kagan: Request to have Exhibit 9 moved into evidence.

21

Judge McElroy: Objection?

22

Mr. Coughlin: No.

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24

Judge McElroy: Exhibit 9 is moved into evidence.

25

Ms. Kagan: Exhibit 10, Mr. Coughlin, a two-page exhibit and the

26

first page is a letter January 3rd, 2007 to you. Do you recognize Exhibit

27

10.

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A: Yes I do.

24/486 Complete Transcript of Trial 06-M-13755

Q: How do you recognize it?

A: It's as you describe it.

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4

Q: Is this a letter you received?

A: I believe so.

Ms. Kagan: Request to have Exhibit 10 moved into evidence.

Judge McElroy: Objection?

8
9

Mr. Coughlin: No, Your Honor.

10

Judge McElroy: Exhibit 10 is admitted into evidence.

11

Q: Exhibit 24 is a one-page exhibit, a letter dated September 4,

12

2003 to Zachary Barbara Coughlin from Kathy Crary, do you recognize

13

Exhibit 24.

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16

A: Yes, I do it is as you described it.

Q: Did you receive Exhibit.

17

A: Yes.

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Ms. Kagan: Request to have Exhibit 24 moved into evidence.

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Judge McElroy: Objection?

Mr. Coughlin: No.

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Judge McElroy: Exhibit 24 is admitted.

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Q: Exhibit 29 is a two-page exhibit the first page is a letter dated

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May 10th, 2004 to Kathy Crary from Jerome Fishkin, second page is a

25

report of Robert Hunter PhD. D dated May 21, 2002. Do you recognize

26

Exhibit 29?

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28

A: Yes, I do, it is as you described it.

25/486 Complete Transcript of Trial 06-M-13755

Ms. Kagan: I request to have Exhibit 29 moved into evidence.

Judge McElroy: Objection?

3
4

Mr. Coughlin: No.

Judge McElroy: Exhibit 29 is moved into evidence.

Q: Please turn to exhibit 31, a one-page letter dated May 27 2004 to

Jerome Fishkin from Deborah Murphy Lawson. Do you recognize

Exhibit 31.

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A: Yes, I do.
Ms. Kagan: I request to have Exhibit 31 moved into evidence.

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Judge McElroy: Objection?

13

Mr. Coughlin: No.

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Judge McElroy: Exhibit 31 is moved into evidence.

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Q: Exhibit 37, Mr. Coughlin is a three-page exhibit the first page

is a letter dated July 13, 2004 to Jerome Fishkin from Deborah Lawson
and third page of the exhibit is a stipulation pursuant to Rule 10
section 4. Do you recognize Exhibit 37.

20

A: Yes, I do.

21

Q: How do you recognize it?

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24

A: It is as you described.
Ms. Kagan: I Request that Exhibit 37 be moved into evidence.

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Judge McElroy: Objection?

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Mr. Coughlin: No.

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Judge McElroy: Exhibit 37 is moved into evidence.

26/486 Complete Transcript of Trial 06-M-13755

Q: Exhibit 38, a two-page exhibit the first page is dated July 22 nd,

2004 to Deborah Murphy Lawson from Jerome Fishkin, the second page

of the exhibit is a stipulation pursuant to Rule 10 section 4 signed by

Zachary Coughlin on 7/19/04. Do you recognize Exhibit 38.

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6
7

A: Yes, I do.
Q: How do you recognize it?

A: It is as you described.

Ms. Kagan: I request to have Exhibit 38 moved into evidence.

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12

Judge McElroy: Objection?

Mr. Coughlin: No.

13

Judge McElroy: Exhibit 38 is moved into evidence.

14

Q: I'd like to go back to Exhibit 39, I'd like you to review pages 1 to

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28 of Exhibit 39, Page 1is the letter dated January 12, 2005 to Deborah

16

Murphy Lawson from Jerome Fishkin with enclosures. Do you

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recognize Exhibit 39 pages 1 to 28?

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A: Yes, I do.
Ms. Kagan: I request to have Exhibit 39, pages 1 to 28 moved into
evidence.

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Judge McElroy: Objection?

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Mr. Coughlin: No.

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27

Judge McElroy: Exhibit 39 pages 1 to 28 is moved into evidence.

Okay, so is that all of Exhibit 39?
Ms. Kagan: No, its not, its just pages 1 to 30.

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27/486 Complete Transcript of Trial 06-M-13755

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Mr. Coughlin: Your Honor, can I request to have the rest of the
exhibit admitted into evidence?
Judge McElroy: Any objection
Ms. Kagan: I object on the basis of hearsay.
Judge McElroy: Let's see, Exhibit 39, what I'm going to do right

now is not make a ruling at all and at the end determine whether it

should come in or not so right now we have Exhibit 39 pages 1 to 30

coming in. I'm not gonna do on your request as of yet.

10

Q: Exhibit 40 is a four-page exhibit the first page is a letter to

11

Deborah Lawson dated January 27 th, 2005 from Fishkin and the exhibit

12

contains two reports of Oliver Ocskay, PhD. D, dated December 11 th,

13

2004 and August 16th 2004. Do you recognize this exhibit?

14
15
16

A: Yes I do, it is as you describe it.

Ms. Kagan: I request to have Exhibit 40 moved into evidence.

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Judge McElroy: Objection?

18

Mr. Coughlin: No.

19

Judge McElroy: Exhibit 40 is moved into evidence.

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21
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Q: Exhibit 41 is a one-page exhibit, it's a letter dated February

10th, 2005 to Jerome Fishkin from Kathy Crary. Do you recognize this
exhibit?

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A: Yes I do.

25

Ms. Kagan: I request to have Exhibit 41 moved into evidence.

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Judge McElroy: Objection?

Mr. Coughlin: No.

28/486 Complete Transcript of Trial 06-M-13755

Judge McElroy: Exhibit 41 is moved into evidence.

Q: Please turn to Exhibit 44, a five-page exhibit the first page of

the exhibit is a letter dated April 15, 2005 to Deborah Lawson from

Jerome Fishkin and pages three through five of the exhibit is the order

admitting applicant to the State Bar Nevada. Do you recognize this

exhibit.

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8
9

A: Yes.
Ms. Kagan: I request to have Exhibit 44 moved into evidence.

10

Judge McElroy: Objection?

11

Mr. Coughlin: No.

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13
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Judge McElroy: Exhibit 44 is moved into evidence.

Q: Exhibit 47, a four-page exhibit and the first page is a letter

15

dated May 12th, 2005 to Debra Murphy Lawson from Jerome Fishkin,

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and page 3 is the Supreme Court of the State of Nevada, Certificate of

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Zachary B. Coughlin, Page 4 is a letter dated April 6 th, 2005 regarding

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the admission of Zachary B. Coughlin to the State Bar of Nevada. Do

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you recognize this exhibit?

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A: Yes.

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Ms. Kagan: I request to have Exhibit 47 moved into evidence.

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23

Judge McElroy: Objection?

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Mr. Coughlin: No.

25

Judge McElroy: Exhibit 47 is moved into evidence.

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Q: Exhibit 49 please Mr. Coughlin, which is a one-page exhibit

entitled Authorization for Disclosure and Release of Information
signed by Zachary Coughlin 6/24/05. Do you recognize this exhibit?

29/486 Complete Transcript of Trial 06-M-13755

A: Yes I do.

Q: How do you recognize?

A: It's as you describe it.

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5

Ms. Kagan: I request to have Exhibit 49 moved into evidence.

Judge McElroy: Objection?

Mr. Coughlin: No.

Judge McElroy: Exhibit 49 is admitted into evidence.

Q: Exhibit 50 is a one-page exhibit entitled Lawyer's Assistance

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Program Notification of Enrollment. Do you recognize Exhibit 50?

12

A: No.

13

Q: Okay, let's move on. Exhibit 53, is a one-page exhibit dated

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November 27th, 2001 to Mr. Zachary Coughlin from Philip Burns,

15

Student Judicial Affairs Officer for UNLV. Do you recognize Exhibit

16

53?

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A: Yes. It is as you described it.

Ms. Kagan: I request to have Exhibit 53 moved into evidence.
Judge McElroy: Objection?
Mr. Coughlin: No.
Judge McElroy: Exhibit 53 is admitted into evidence.
Q: Exhibit 54, Mr. Coughlin, a four-page exhibit the first page of

25

the exhibit is dated May 26th, 2006 to Deborah Murphy Lawson from

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Jerome Fishkin. Page 2 is a report of Alan Wong, M.D., page 3 is report

27

of Mujahid Rasul, M.D. And page four is a report of Oliver Ocskay, PhD.

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D. Do you recognize Exhibit 54?

30/486 Complete Transcript of Trial 06-M-13755

A: Yes, it is as you describe it.

Ms. Kagan: I request to have Exhibit 54 moved into evidence.

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4

Judge McElroy: Objection?

Mr. Coughlin: No.

Judge McElroy: Exhibit 54 is admitted into evidence.

Q: Turn to Exhibit 55, a two-page exhibit dated June 6 th, 2006 to

Jerome Fishkin from Deborah Lawson. Do you recognize Exhibit 55?

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10

A: Yes I do.

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Ms. Kagan: I request to have Exhibit 55 moved into evidence.

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Judge McElroy: Objection?

13

Mr. Coughlin: No.

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15
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Judge McElroy: Exhibit 55 is admitted into evidence.

Q: Exhibit 59 is a six-page exhibit first page is a letter dated

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September 27th, 2001 to Zachary Coughlin from Christine Smith,

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Associate Dean of Administration and Student Affairs at UNLV. Do

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you recognize this exhibit?

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23

A: Yes.
Q: How do you recognize it?
A: The entire exhibit?

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Q: Yes.

25

A: Its a letter to me from Christine Smith followed by an email

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from her, followed by an email from me to her.

Ms. Kagan: I request to have Exhibit 59 moved into evidence.

31/486 Complete Transcript of Trial 06-M-13755

Judge McElroy: Objection?

Mr. Coughlin: No.

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Judge McElroy: Exhibit 59 is admitted into evidence.

Q: Exhibit 71 is a six-page exhibit, page two starts a report of

Douglas M. Tucker, M.D. Request to have Exhibit 71 moved into

evidence.

Judge McElroy: Objection?

Mr. Coughlin: I object because I haven't seen this report.

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11

Judge McElroy: So is the objection hearsay or what?

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Mr. Coughlin: I object because it is hearsay.

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Judge McElroy: Sustained. At this point will not let it in until

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15

there's a foundation.
Q: Exhibit 13 is the reporters transcript of proceedings from

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March 1st, 2002 in the case In Re matter of Zachary B. Coughlin

17

Committee of Moral Character and Fitness, State Bar of Nevada. Do

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you recognize this exhibit?

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A: Yes.
Q: Was this transcript of the hearing that you participated in
with the State Bar Nevada.
A: Yeah.
Ms. Kagan: I request to have Exhibit 13 moved into evidence.
Judge McElroy: Objection?
Mr. Coughlin: Hearsay.

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32/486 Complete Transcript of Trial 06-M-13755

Judge McElroy: Okay I'm going to sustain it on that I think what

you have to do is bring in specific parts that you want in because not all

of it can come in but most of it can probably come in under other.

Q: Exhibit 15 is 118 page exhibit these were documents that were

provided by the State Bar Nevada in relation to Mr. Coughlin's matter

before that Committee. I would request to have pages 1 through 106 and

113 through 117 admitted into evidence

objection.

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10

Judge McElroy: Any

Mr. Coughlin: Hearsay.

11

Ms. Kagan: I will limit that to just page 29, just the affidavit.

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Judge McElroy: Objection?

13

Mr. Coughlin: No.

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15
16

Judge McElroy: Page 29 is admitted as to Exhibit 15.

Q: Exhibit 60 is a 27-page exhibit and the first page is entitled in

17

small claims court of Reno Township, County of Washoe, State of

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Nevada. Do you recognize Exhibit 60.

19

A: No.

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Ms. Kagan: I request that the court takes judicial notice of

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Exhibit 60 it's a certified court record of Washoe County case number

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RSC 2005-000301.

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Judge McElroy: Is their an objection?

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Mr. Coughlin: Hearsay.

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Judge McElroy: I'm going to take judicial notice of the fact that

27

there is a small claims court of Reno Township. So it's judicially noticed

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and that would be Exhibit 60 judicially noticed.

33/486 Complete Transcript of Trial 06-M-13755

Q: Turn to Exhibit 61, Mr. Coughlin. Do you recognize Exhibit 61

it is three five page exhibit, first pages entitled application for

registration to practice before the United States Patent and Trademark

Office. You do recognize this exhibit?

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6
7

A: Yes.
Ms. Kagan: I request to have Exhibit 61 moved into evidence.

Judge McElroy: Objection?

Mr. Coughlin: No.

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11
12
13

Judge McElroy: Exhibit 61 is admitted into evidence.

Mr. Coughlin: Your Honor, I'm sorry to ask again, but can I use
the restroom.

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Judge McElroy: We'll take a five minute.

15

Q: Request to have Exhibit 67 moved into evidence?

16

Judge McElroy: This is a certified copy. The court will take

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18
19
20

judicial notice of Exhibit 67.

Q: Exhibit 68 is a two-page exhibit certified copy of the toxicology
report in relation to Zachary Coughlin. Do you recognize this exhibit?

21

A: Yes I do.

22

Ms. Kagan: I request to have Exhibit 68 moved into evidence.

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24
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Judge McElroy: Objection?

Mr. Coughlin: Hearsay.

26

Judge McElroy: The court will take judicial notice of the fact that

27

there is a toxicology report. That is the only thing I am taking judicial

28

notice of, I mean, all the other stuff in the report may be hearsay.

34/486 Complete Transcript of Trial 06-M-13755

Ms. Kagan: Exhibit 72 is a 101 page exhibit.

Judge McElroy: We already have page 33 through 57 admitted

3
4
5
6

okay.
Q: Actually, strike that. Mr. Coughlin did you attend evaluation
with Douglas Tucker on our April 27th, 2007.

A: Yes I did.

Q: And was that based on this Court ordering you to attend that

9
10
11
12

evaluation.
A: Yes.
Q: As part of that evaluation did Dr. Tucker examine you?

13

A: I'm sorry, are we done admitting?

14

Q: I specifically want to turn to Exhibit 71.

15

A: Yes, Dr. Tucker did examine me.

16
17
18

Q: As part of that examination did you take part in a three hour

and ten minute interview with Dr. Tucker.

19

A: I believe it was roughly that length.

20

Q: As part of that examination did Dr. Tucker advise you that he

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26
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would be issuing a report.

A: Yes he did.
Q: Can you review Exhibit 71 and advise whether or not this is the
report Dr. Tucker issued regarding your evaluation on April 27 th, 2007.
A: I can't advise of that. This is the first time I've ever since report
I couldn't advise you of that.
Q: Did Dr. Tucker provide a copy of the report to you?

35/486 Complete Transcript of Trial 06-M-13755

A: Not to my knowledge, not yet at least.

Q: And at this point are you objecting to the admissibility of this

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4
5
6
7

report?
A: Yes.
Q: Mr. Coughlin, you passed the July 2001 Nevada bar
examination?

A: Correct.

Q: You passed the July 2002 California Bar Examination?

10
11
12
13

A: Yes.
Q: On February 2nd, 2001, you filed an application for admission to
the State Bar Nevada?

14

A: Yes.

15

Q: And that's represented by Exhibit 4.

16
17

A: Yes.

18

Q: And then on December 18th, 2002, the Nevada Supreme Court

19

issued an order deferring your admission to the State Bar of Nevada.

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21
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27
28

A: Yes.
Q: On March 25th 2005, the Nevada Supreme Court issued an order
of admission conditioned on your compliance with certain conditions
for a period of three years including a condition that you attend
counseling with a license PhD. D psychologist?
A: That's correct.
Q: Your conditional admission with the Supreme Court of Nevada
will terminate 3/25/2008?

36/486 Complete Transcript of Trial 06-M-13755

A: That's correct.

Q: Turn to Exhibit 1 please and this is your original application to

the State Bar of Nevada please turn to page 17 of that exhibit. Page 17

and page 18 are an authorization and release. Did you read this

authorization and release?

6
7

A: I can't recall.

Q: Would this be something that you wouldn't read before signing.

A: I don't understand your question.

10
11
12

Q: You did sign this document correct?

A: I believe so.

13

Q: On September 23rd, 2002.

14

A: That's what it looks like.

15

Q: And on page 17 in the bolded language in the first paragraph it

16

states I've carefully read the questions and the foregoing application

17

and answered them truthfully fully and completely without mental

18

reservation of any kind and fully understand that failure to make full

19

disclosure of any information called for may result in the denial of my

20

application receipt of an adverse moral character determination. I

21

therefore agree to give the Committee through the State Bar's office of

22

admissions any further information which may be required in

23

reference to such investigation.

24
25

A: I'm sorry you're saying that's all on bold?

26

Q: No I'm sorry the first part was in bold, the rest starting with I

27

therefore agree is not in bold. That's what the documents says, correct?

28

A: Yes.

37/486 Complete Transcript of Trial 06-M-13755

Q: Okay, and page 18 of the document, paragraph 3 it states I also

understand that pursuant to Rule 6, Section 7 of the Rules Regulating

Admission to the Practice of Law in California I'm under a continuing

obligation to keep my application currents must update, and this is in

bold, in writing my responses to the application whenever there is an

addition to or changed information previously furnished but two

previously furnished the Committee correct that is what it says and the

last paragraph states I hereby declare under penalty of perjury under

the laws of the State of California that the answers and statements

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11
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13

provided by me in the foregoing application are true and correct?

A: That's what it says.
Q: Why are there two signatures at the bottom, Mr. Coughlin.

14

A: I don't know.

15

Q: Are both of those your signatures?

16

A: I believe so but I'm not sure.

17
18

Q: You're not sure whether or not that your signature?

19

A: No.

20

Q: And can you explain that how you're not sure.

21

A: I don't know how anybody could be sure something's their

22
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24

signature.
Judge McElroy: You can be reasonably sure.

25

A: Yeah.

26

Q: So you're reasonably sure that is your signature right?

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28

A: Yeah. I am not sure why there is two signatures, that has me a

little confused but they both do look like my handwriting.

38/486 Complete Transcript of Trial 06-M-13755

Q: I would like to go to page four of that Exhibit 1 page for under

1
2

employment history I want you to show me where under that section

you listed your law school employment with the law school library

page 4.

A: Yes.

6
7
8
9

Q: Page four starts employment history but under that section I

want you to show me where that your employment at the law school
library is listed.
A: Page 4, where it says all your employment which is or was law

10
11

related that question.?

12

Ms. Kagan: Yes.

13

Mr. Coughlin: And your question is why would working in a

14

library be under a law related?

15
16
17

Ms. Kagan: My question was, I want you to point out where your
law library related employment was listed. It's not listed is it?

18

A: I don't believe it's called for.

19

Q: Okay do you see under employment history where it says this is

20

approximately four sentences in also list to the best of your recollection

21

all of your employment business occupations and professions which are

22

not related but lasted longer than six months since your 18 th birthday.

23

A: Yes.

24

Q: You worked at the law library from October 1999 to May 2000.

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26

A: I'm not sure.

27

Q: Is there something that would refresh your recollection about

28

that?

39/486 Complete Transcript of Trial 06-M-13755

A: Paycheck stubs.

Q: What about your application to the Nevada bar in Exhibit 4

where you stated on page 16 of that exhibit at the top month and year

beginning ending employment from 10/99 to 5/2000, University of

Nevada Las Vegas law library. Would that refresh your recollection?

6
7
8
9
10

A: That would serve as a general indicator but that wouldn't

necessarily mean that those dates are accurate?
Q: Didn't you confirm those dates at the formal hearing before the
Committee on March 1st, 2002.

11

A: I don't recall.

12

Q: What do you think the dates of employment are?

13
14
15
16
17

A: Roughly those dates, however, I believe I didn't work over the

winter break and I think those dates are rough estimates.
Q: Would you agree that October 99 through May 2000 is over six
months?

18

A: Not if there was an extended break in between.

19

Q: In fact in your update to your application which is Exhibit 3.

20

A: I'm just seeing, let's say hypothetically it started on the thirty-

21

first of October and you ended on the 1st of May, and even without a

22

break, I don't know whether or not it would be six months.

23
24

Q: But, are those dates of 10/.99 through May 2002 accurate?

25

A: I don't know.

26

Q: In fact, in your application update in February 15 2007 at page

27

2 you wrote that I was not employed at the law library for an extended

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40/486 Complete Transcript of Trial 06-M-13755

period during the winter break from classes in December 1999 through

January 2000?

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15

A: Yes, I believe that is true.

Q: So, are you saying that those are the dates of your employment?
A: No I'm saying when you work there and they close for the
winter break and I wasn't working there while they were closed.
Q: Okay I want you to go back to the application and show me
where it says that um you're not supposed to list things where there's a
break, winter break or aA: Which application?
Q: The application for admission, Exhibit 1, I want you to point
out where it says don't list it if there was a break involved in the
employment.

16

A: Well it says if it lasted more than six months.

17

Q: So how do you interpret that?

18

A: Well, you would add up the period which you are employed,

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20
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24
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and if it totaled over six months.

Q: So why didn't you put the law school library employment in
your application?
A: My belief that it was not longer than six months and that it
wasn't law related.
Q: Didn't you actually testify to theA: And, also, it wasn't full time employment it was part time, like
10 to 12 hours a week.

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41/486 Complete Transcript of Trial 06-M-13755

Q: And I want you to list under employment history on the

application where it says that there's a difference between full-time

and part-time.

4
5
6

Mr. Coughlin: And this is in which application?

Ms. Kagan: Page 4 of exhibit 1.

Mr. Coughlin: And that is the California application?

Ms. Kagan: Yes.

Mr. Coughlin: I'm sorry what's your question, again?

10
11
12
13

Ms. Kagan: I want you to point out where it says that you should
differentiate between full-time and part-time employment. Doesn't say
that does it?

14

Mr. Coughlin: I don't know what you're asking that.

15

Judge McElroy: She is just simply asking it and if you can answer,

16
17
18
19
20

answer, if you can't, you can't.

Mr. Coughlin: Your question is does it say distinguish between
full and part-time employment?
Ms. Kagan: Yes.

21

Mr. Coughlin: I'm not sure that it does say that?

22

Q: Didn't you testify to the Nevada Committee that your

23

employment at the law school pretty much lasted the first year of law

24

school.

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28

A: I don't recall that.

Q: Let's turn to Exhibit 13, page 37, starting at line 9, Ms. Story:
how long did you work for the law library? The witness: I'm not certain

42/486 Complete Transcript of Trial 06-M-13755

the exact number of months but it was pretty much the first year of law

school, I was working I was studying there until midnight each night

the lady who worked there said why don't you just work here and I said

well yeah that would be great you get paid so for that so I worked there

for the whole first year basically it might not be the entire first year

because the first probably month or maybe longer than that two, three

months I can't remember, I wasn't working there. You testified to that?

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A: I believe so.
Q: So you actually worked there for longer than just a few months,
didn't you?
A: Well, I don't know. If the school year is like eight months and I

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say I hadn't worked there the first three months, then you. What was

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your question, again?

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Q: Okay, so let me get this straight. The reason why you didn't list

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the law library employment on the application to California was

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because you didn't believe it was over a period of six months.

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A: I didn't believe it fit within what was called for by the

application.
Q: Did you ever ask anyone about what was called for by the
application?

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A: I can't recall.

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Q: Did you have any help with filling out the application

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A: I can recall.

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Q: What would have made it in your opinion relevant to put in

that application then?

43/486 Complete Transcript of Trial 06-M-13755

A: What would have made what relevant?

Q: If the employment was for the actual first-year would you put

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in the application?
A: If I felt that it fit within what was called for them by the
application, I would have put in.

Q: Well, what do you feel that wasn't called?

Mr. Coughlin: I don't understand your question.

Q: What did you feel you could leave out of the application in that

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section?
A: Things that weren't called for by it.

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Q: Can you define what you mean by that Mr. Coughlin.

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Mr. Coughlin: I object for vagueness and a leading question.

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Judge McElroy: I'm gonna sustain it in terms of vagueness.

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Ms. Kagan: I will rephrase it.

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Judge McElroy: Yeah, why don't you rephrase.

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Q: Mr. Coughlin, you just testified that you didn't believe putting

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the law library employment was called for in the application.

A: Correct.
Q: That's great, now can you explain what you mean by that?

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A: Yeah, the question called for listing employment that fit

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within a certain description I didn't feel that the law library clerk job

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checking books fit within that description called for by the question.

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Q: Okay, let's turn to page eight of exhibit 1. Page 8 is entitled

credentials and licenses the first paragraph three have you ever

44/486 Complete Transcript of Trial 06-M-13755

applied for or apply for then withdrawn an application or held a

license for business trade or profession other than as an attorney-at-law

the procurement of which require proof of good moral good character

and or examination, e.g., certified public accountant, patent

practitioner, or real estate broker you answered no to that section,

correct?

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8
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A: That's correct.
Q: And this was an application that you turned into the State Bar
or submitted September 28 2002?

11

A: Yes,

12

Q: Yet you took an exam for licensing before the U.S. Patent and

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Trademark Office in a July 2002, correct.

A: I believe so.
Q: You didn't pass that test, did you?
A: I'm not sure and I say I'm not sure because there was a there

18

was a an appeal that I made that was never resolved because I passed

19

the subsequent tests, so I don't know whether I didn't pass it or not.

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That was rendered moot, so I don't know whether I passed it or not.

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Q: Okay but you passed the October 16th, 2002, test correct?

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A: Yes.

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Q: And, you actually submitted an application for registration to

practice before the USPTO on July 9th, 2002, correct?
A: I'm not sure about that.

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Q: Let's turn to Exhibit 61, shall we? Its the application for

registration to practice before the USPTO, and stamped receive July 9 th,

2002. You see Exhibit 61.

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A: Yes.
Q: Okay would it be fair to say that you submitted an application
that was filed or received July 9th, 2002?

A: I don't know.

Q: What don't you know Mr. Coughlin?

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A: I'm not sure that would fit whether there's a more extensive
phase of the application, so I don't know.
Q: Wait, I don't understand your statement. My question was you
submitted this application to the U.S. Patent and Trademark Office
which was received by the office July 9th, 2002, correct?
A: I believe so.
Q: Yet, you didn't put that in your application to the California
State Bar did you?
A: Well I did tell the California State Bar about my involvement
with the patent office, so.
Q: That wasn't the question, the question is on page 8 of exhibit 1
where it asks for credentials and licenses you didn't state or put in any
evidence that you were in fact applying for and taking an examination
before the US Patent Office.
A: I'm sorry, what was your question?

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Q: You didn't put under section under the sections on the

credentials and licenses any information about the US Patent Office

did you?

A: Object to the form of the question.

Judge McElroy: Overruled.

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A: I don't have anything listed there.

Q: Why did you not list that?

A: I don't know. I don't know whether this qualifies as applying

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for or having applied for, if the application phase has become past

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tense, ie, applied would qualify rather than are you currently applying

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for.

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Q: So, was a question ambiguous to you.

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A: I don't know.

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Q: Did you ask anybody to help you with the question.

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A: I can't recall.

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Q: You just decided to unilaterally not put the US patent

information into your application.
A: Well I do believe the US patent application was put into my
application.
Q: But that wasn't actually until May 31 st. 2004 isn't that correct?
Almost six months after you passed the examination?
A: I am not sure of that.
Q: Let's see, you passed the examination on October 4 th, 2002 that's
what you just testified to, correct?

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A: I believe I took an examination on the day I don't know that

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the results were given that day.

Q: Okay, so you took the examination October 16 th, 2002.

A: I am not sure about that.

Q: Let's turn to Exhibit 61, page three, first sentence, upon further

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7

review your application passed October 16th, 2002 examination for

registration can now be processed, you see that?

A: And your question?

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Q: It says upon further review it's a letter dated March 28 th, 2003

11

to Zachary Coughlin from Shirley A. Brown, Paralegal Specialist, OED,

12

USPTO and it states upon further review your application passed

13

October 16, 2002 examination for registration can now be processed. So

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you passed the October 16th, 2002 examination, correct?

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A: I believe so.

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Q: And you were notified that you passed as of March 20, 2003

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correct?
A: No, I don't believe so. I knew I passed the exam prior that this

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is saying that they are now going to license me.

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Q: So you knew that you passed the exam long before March 20,
2003?
A: I don't know what long would qualify as.

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Q: But, before this date?

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A: I believe so, yes.

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Q: Yet, you didn't inform the bar anything about the patent
examination or your licensing before May 31 st, 2004.

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A: I don't know that to be true.

Q: Well let's look at Exhibit 32. This is your May 31 st, 2004 update

to the bar and on page one it states, approximately 3 paragraph down

September 2002-December 2002: during this time I studied for and

passed the USPTO bar exam and I was admitted to practice as a patent

agent on May 2nd, 2003 my registration number is 53,905 also I

performed part-time legal research for intellectual property law firm

Anderson and Morishita of Las Vegas Nevada. That was your first

update to the State Bar regarding your patent exam isn't it?

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A: I don't know that. I've had many conversations with Ms. Crary
on the phone and I don't know that that's my first written update.
Q: What I'd like you to do then is go through up you know strike

14

that so so your testimony is that you don't know whether or not you you

15

may have updated the bar before May 31st 2004.

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A: I'm not sure.

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Q: I read to you earlier that you signed off under penalty.

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Mr. Coughlin: I would object to this, Your Honor, because I don't

understand where Ms. Kagan is going with this.
Judge McElroy: This goes to the issue of candor and how you filled
out the application and what was left out of the application.

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Mr. Coughlin: Well if that's what she's hanging her case on

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something like this I just don't see where this rises to the level of these

25

proceedings.

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Judge McElroy: Well she has to put in her case and she's putting
on her case of bad moral.

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Mr. Coughlin: And this is what she is leading with?

Judge McElroy: Yes, this is what she is leading with, this is the

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questions she is asking.

Mr. Coughlin: Some case.

Q: Mr. Coughlin in that letter that I just read to you Exhibit 32

it's it does state correct that it's you've mentioned its September 2002

through December 2002 correct?

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A: That's what that says right there, is that your question?

Judge McElroy: okay right now um why don't you answer this
question and then we'll take a break.
Q: Yet as you testified earlier in fact you studied for and took the
July 2002 bar, correct.

15

A: I believe I took it yes.

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Q: But you didn't include that in your updated did you?

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A: I'm not sure further I don't know that that is something

18

required in my update. And when you say update I don't know if you

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mean just this one particular letter or the sum total of all the updates

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I've given the bar in writing or on the phone or otherwise or that my

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attorney provided.

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Q: Did you include those dates in your update of May 31 st, 2004?

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A: Which dates.

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Q: The July 2002 date, the first time you took the patent bar?

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A: You're asking me did I include that in my report?

Ms. Kagan: Yes.

50/486 Complete Transcript of Trial 06-M-13755

A: In my update? I'm not sure.

Q: Well look at it right now you let me know whether or not you

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see July 2002 in there.

A: I don't know that it is given in July.
Q: Earlier you testified that you took the July 2002 patent bar
and did not pass it.

A: Today, I did?

Ms. Kagan: Yes, you did. Was that true testimony?

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A: I did that was because I was referencing the date you said it
was and now I'm recalling that I don't believe that bar is given in July
I believe it's given in October, and maybe April

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Q: Did you take the April 2002 exam.

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A: I believe so.

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Q: so you took the April 2002 exam but you didn't include the,

17

dates of April 2002 through August 2002 in your update of May 31 st,

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2004?

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A: Not that I see. But, this update starts in June? This May 31 st,
2004, update? It looks as though the first date listed is beginning in
June 2002 and so we're talking April 2002 would be before June 2002.
So, it's not as though this is saying this covers from April toQ: But you put in the language yourself, correct, that during the

25

period of September 2002 through December 2002 you studied for and

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passed the patent bar?

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A: Right.
Q: You didn't include the April 2002 date did you?

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A: Well, April doesn't fall between September and December. I

am not sure I understand your question.
Q: My question was, well actually strike that. Mr. Coughlin as of
April 2002, you had taken a patent bar exam?
Mr. Coughlin: Objection, relevance.

Judge McElroy: Overruled.

A: I believe so.

Q: You didn't pass that exam?

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A: I have gone into that, I don't know that that's true.

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Q: But you took it again you took the test again?

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A: That is correct.

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Q: But yet in your update to the California State Bar of May 31 st,

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2004 you're only reference regarding your study and passage of the U.S.

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Patent and Trademark Office bar exam is September 2002 through

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December 2002, correct?

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A: In that letter from May 31st, 2004, that is the only reference I
see to the patent bar exam.

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Q: What I want you to do then is up tell me when you updated the

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California State Bar regarding the on patent bar exam before this date.

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A: I don't know that I did and I don't know that I didn't and I don't

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know that I had a duty to.

Q: You don't know that you had a duty to update the State Bar in
regard to taking an exam?

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A: No, I'm not sure about that. Maybe in regard to applying for a
license, but in regards to taking the exam, I don't know, yeah.
Q: When you were admitted to the patent bar you were admitted
as an agent your license is as an agent before the US Patent bar?
A: When I was admitted in 2003, I was admitted as an agent, yes.

Q: And what are you today?

A: I am not certain.

Q: You've never looked to find out what your admission status is?

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A: I'm not sure whether or not I have looked. I do not recall. I

haven't prosecuted patterns before them, you know?
Q: As of this date, what do you believe you're licensed as before the
US patent bar.
A: I'm not sure it's my understanding that if you're an agent who

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subsequently is licensed by a jurisdiction, one of the jurisdictions in

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this country as an attorney that you're qualified to be a patent

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attorney. Whether or not there's something you need to do further to

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get listed that way I'm not sure.

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Q: Have you ever checked your status on the website for the U.S.
Patent and Trademark Office.
A: I am not sure.
Q: Would it surprise you to know that as of yesterday you're listed
as an agent before the US patent board.
A: I don't know. Objection, that's hearsay and I don't know that
you know what I am listed as.

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53/486 Complete Transcript of Trial 06-M-13755

Judge McElroy: I'm gonna overrule the objection. The objection is

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would it surprise you, you can say.

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Mr. Coughlin: Would it surprise me? I'm not sure whether or not
it would.

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Judge McElroy: So what's the next question? Do we have any more

questions in this area because-

Ms. Kagan: No, Your Honor, we can take a break.

Judge McElroy:Okay why don't we take a break until two o'clock

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or 2:15.

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Court Personnel: back on the record.

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Q: Mr. Coughlin were you cited for failure to appear in relation to

traffic citation Las Vegas township Justice Court Clark County
citation number 1-02053878-a.
A: I am not sure, do you have an exhibit I could reference that I

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could look at it?

Q: Well, do you recall receiving a notice that you failed to appear

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to a court date regarding a traffic violation from December 2 nd, 1999?

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A: I have only very vague memory.

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Q: And what is your vague memory?

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A: That I might have had some traffic violation.

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Q: Where you provided a notice a failure to appear in relation to

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that?
A: I don't remember.

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54/486 Complete Transcript of Trial 06-M-13755

Q: What about May 16th, 2001 were you issued a failure to appear

for in relation to traffic citation Las Vegas township Justice Court

Clark County citation numbers 1-02497085A and 1-20497085B?

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Mr. Coughlin: These are traffic violations?

Ms. Kagan: Yes.

A; I am not sure.

Q: You don't recall receiving or do you recall receiving a notice of

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failure to appear from the court regarding that case? Do you ever recall
receiving a notice of a failure to appear in court?
Mr. Coughlin: You mean from any court ever?
Ms. Kagan: Yes.

14

Mr. Coughlin: I'm not sure.

15

Q: Did you know that you had a duty to fill out your application

16

under Exhibit 1, page 12, under the section titled convictions where it

17

states in answering the following questions you should include all such

18

incidents and convictions no matter how minor the incident. Traffic

19

violations which must be reported under this question include failure

20

to appear, driving without a license, driving with a suspended license,

21

and reckless driving as well as all traffic violations that resulted in a

22

misdemeanor or felony conviction. Did you know that you had a duty to

23

report these these incidents to the State Bar?

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A: No, I wouldn't say I did.

Q: You checked No, under conditions on page 12, correct?

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Mr. Coughlin: Under 12.1?

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Ms. Kagan: Yes.

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Mr. Coughlin: For 12.1, I checked no.

Q: As well as 12.2, 12.3 and 12.4?

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A: Yes. True.
Q: Under this section is it your understanding that a failure to
appear would need to be included?

A: I'm not sure.

Q: What about the language it says traffic violations which must

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be reported under this section include failure to appear. Is that clear?

A: That's the wording that I see there.
Q: So it wouldn't be your understanding that failure to appear
would be something that should
be included in this?
A: I don't know if traffic means moving or non-moving. For

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instance, if one of those was for not having proof of insurance, I don't

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know if that-

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Q: So did you have a question about the what the application was
asking you?

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A: I'm not sure.

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Q: So what you're talking about is your not sure that the traffic

23

violations are you talking about reading it now you're not sure or at the

24

time that you filled it out.

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A: Probably both.
Q: Did you ever ask anyone for any assistance and filling out your
application?

56/486 Complete Transcript of Trial 06-M-13755

A: I can't remember.

Q: Were you convicted of speeding in Fallon on a January 9 th, 2003

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and Fallon Justice Court citation number R115317.

A: I believe so.
Q: Were you convicted of speeding on January 20, 2005 Reno
municipal court citation number 0000982687.

A: I believe so.

Q: However, you never provided an update to the State Bar

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regarding those two convictions?

A: I don't know that I understood that speeding ticket need to be
reported to the State Bar.
Q: The question was you never provided and update to your
application to the State Bar regarding those convictions.

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A: I'm not sure.

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Q: You're not sure whether or not you provided that?

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A: I think the State Bar might have asked for DMV printout at
some point. I can't recall.

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Q: Let's turn to page 13 of exhibit 1 and the second section of

22

thirteen states bondedness, discharge of obligation, indebtedness

23

deafness and section 13.5 specifically asked do you owe and any debts

24

including student loans that are past due, include those barred by the

25

statute of limitations and past due credit account balances. Do you see

26

that question you answered no to that section?

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A: Correct.

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Q: So as of September 2002, you had no student loans that were

outstanding?
A: That are past due? Is what I understand it to say.
Q: What do you understand past due to mean?
A: The common usage. I'm not sure what I understand it to mean,

but I believe past due as I've heard it used doesn't mean you have a

debt, it means you've had a debt that you have not made the current

payment on as of a certain time.

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Q: At the time of filing your application in September of 2002 did

you have any student loans outstanding?
A: I believe so. I don't know quite what you mean by outstanding,
though.
Q: Did you have any student loans that you still owed money?

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A: Yes, I don't know that that means they were past due.

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Q: And at that time how much approximately did you owe?

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A: I'm not certain.

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Q: Well, in your application to the Nevada State Bar Exhibit 4, on

page 19 going to page 28 states under a statement for question 38 that's
a little more than midway down it says yes I have student loans
outstanding US Department of Education and gives the address amount
borrowed as of yet $26,897 dollars. Then you state on top of page 20 no
monthly payment yet as loans deferred no interest yet as loan is
subsidized deferment until graduation. Were those statements correct?

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A: I believe so.

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Q: Was your student loan actually deferred until graduation?

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A: I believe so.

Q: And was $26,897 the amount of your student loan as of filing

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this application in Nevada?

A: I'm not certain, but I would believe so.

Q: Have you started paying on your student loans.

A: I'm not certain whether I have any payments yet.

Q: Is the lone still in deferment.

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Mr. Coughlin: I would object to this Your Honor.

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Judge McElroy: What would be the objection?

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Mr. Coughlin: Privacy.

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Judge McElroy: Overruled.

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Mr. Coughlin: And I would object based on relevancy.

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Judge McElroy: What's the offer of proof in terms of relevancy?

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Ms. Kagan: Your honor, Mr. Coughlin checked that he had no

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outstanding student loans the time that he filed his application in

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September of 2002.

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Mr. Coughlin: Objection, the language was not outstanding it

was past due. This is the language. There's a difference as I
understand it.
Judge McElroy: Do you have any debts including student loans
that are past due?. So it seems to me that some that are past due are
included in student loans but anyway that's just an interpretation
other people interpret it differently. Anyway the question is in terms
of the Nevada. I mean the problem is the Nevada application says do

59/486 Complete Transcript of Trial 06-M-13755

you have any student loans outstanding. It's clearly better written

than the California application.

Ms. Kagan: Clearly.

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Judge McElroy: And that's probably the problem throughout in

terms of the application for California it's a lot more vague than the
Nevada one, so anyway why don't you just ask the question as it relates
to why don't you repeat the question.

Ms. Kagan: So as of the time of submitting your application for

10

admission to the State Bar in September of 2002 did you have any, in

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your opinion, any student loans that were past due?

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A: Not as I understand past due to mean.

13

Q: As of today's date do you have any student loans that are past

14

due?

15

A: Not under the definition that I understand past due to be.

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Q: Do you have outstanding student loans?

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A: I owe money on student loans. I guess that means outstanding

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but they're not past due, and I'm sorry are they in deferment right now

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yes.

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Q: How long are in deferment until?

A: I'm not sure.
Q: Mr. Coughlin, on exhibit 1 page 14 under the section chemical
dependency you checked no correct?
A: That's correct. Under the section that says have you been

27

diagnosed or treated for a chemical dependency that would currently

28

interfere with your ability to practice law I checked no.

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Q: Why did you check no?

A: Because I believe that to be the correct answer.

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Q: At the time that you are filled out this application and
submitted it in September of 2002 did you believe that you had a
problem with alcohol?
A: Objection in the relevance given that this question she's

referring to states: that would currently interfere with your ability to

practice law and her question is broader than that.

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11

Judge McElroy: Okay, well, why don't you ask the question again
and maybe go down to 14.5. I think that might be more relevant.

12

Q:Section 14.5 states have you been diagnosed or treated for

13

chemical dependency that would currently interfere with your ability

14

to practice law. And you checked no?

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A: That's right.
Q: As of September 2002, did you believe that you had a problem
with alcohol?
Mr. Coughlin: Objection for vagueness and relevance and I don't
know how this relates to that-

21

M. I overrule that objection. You can answer it, you can explain

22

your answer.

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A: I'm not sure.

Q: Is it true that you started attending or as of January 1 st, 2002
you considered yourself to be a sober member of Alcoholics Anonymous?
A: I am not sure.

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Q: Do you remember making that statement to the Committee of

Bar Examiners at your informal conference on July 8 th, 2004?
A: I don't remember for sure that I said that.
Q: Okay, let's look at exhibit 12 which is the transcription of the
informal conference on page 1, three fourths of the page down your
statement: there's a big change from those times and it would be that
on January 1st, 2002, I became a sober member of Alcoholics
Anonymous. I had a slip in January of the following year culminating
in my arrest. Did you make that statement?

11

A: I believe so.

12

Q: Were you telling the truth at the time?

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A: I'm not sure that's a question that is quantifiable by true or

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false it's very subjective subject matter.

Q: Well I'm just asking whether or not you were telling the truth
that at the time of January 1st 2002 you became a sober member of
Alcoholics Anonymous.
A: I would say the same thing. I don't know if that's a true or false

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question. I don't know how you can know for certain whether or not you

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are are not.

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Q: Were you lying to the Committee?

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A: No, I don't believe so.

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Q: Then what was the purpose of making that statement?

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A; I'm not sure.

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Q: Were you attending Alcoholics Anonymous meetings in

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January of 2002?

62/486 Complete Transcript of Trial 06-M-13755

A: I believe so, yes.

Q: Why were you attending those meetings.

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A: I'm not sure.

Q: Why did you tell the Committee that you were a sober member
of Alcoholics Anonymous since January 1st, 2002?

A: I'm not sure.

Q: Was it because you're trying to explain some of the behavior

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that took place in 2001 while you were in law school?

A: I am not sure.
Q: In fact, don't you believe that alcohol caused some of behavior

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that occurred in 2001?

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A: I am not sure.

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Q: At the time that you filed your application with the State Bar

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of California in September 2002, were you still attending Alcoholics

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Anonymous meetings? Yet, you didn't include that information in your

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application, did you?

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A: I don't know why you would ask that.

Q: I'm just asking a question. You didn't include that information
in your application did you?
Mr. Coughlin: Objection, relevance.
Judge McElroy: Overruled.
A: I don't think I included that in my application.
Ms. Kagan: Well, review it please let me know.

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Mr. Coughlin: (very hard to hear, might say: I don't see that in my
application).
Q: Had you received any treatment for alcohol abuse as of
September 2002?
Mr. Coughlin: I am not sure what you mean by treatment.

Q: Had anyone diagnosed you with alcohol abuse at that time?

A: I don't believe so. Do you believe going to an AA meeting is

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treatment?
Q: Well in your opinion, is going to an AA meeting treatment?
Mr. Coughlin: I don't know. That is what I just asked you. It
might be, I am not sure, but, probably not.
Q: As of today's date, have you had a diagnosis of chemical
dependency.
A: Not that I know of. I don't what is in your report that you just
gave me today, butQ: As of today's date, have you obtained treatment in relation to
alcohol abuse?
Mr. Coughlin: Can you define treatment?
Q: Have you had any medical treatment in relation to alcohol
abuse.
A: I don't believe so, can you explain what you mean by medical
treatment?
Q: Have you gone to a doctor regarding your alcohol abuse?
A: No.

64/486 Complete Transcript of Trial 06-M-13755

Q: Do you consider yourself to be an alcoholic, Mr. Coughlin.

A: I am not sure.

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Q: Do you consider yourself to have a problem with alcohol?

A: I am not sure.

Q: How would you describe your relationship with alcohol?

A: Well, I don't drink, so- Can you be more specific?

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Q: I asked for your description of your relationship with alcohol.

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A: Well I don't drink.

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Q: Would you consider that alcoholism is in your genetics?

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Mr. Coughlin: Objection, relevance.

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Judge McElroy: I'm gonna sustain the objection as vague.

Q: Have you ever made statements to anyone that alcoholism is in
your genetics?
A: I am not sure.
Q: Isn't it true that you actually told the Committee
Mr. Coughlin: Objection, relevance.
Judge McElroy: If you made the statement, it's not irrelevant, so
I'm going to overrule it.
Q: Turn to Exhibit 1, page 4, the application states moral

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character information Rule 10, applicant has a continuing duty to

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update in writing responses to questions under the moral character

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section of the application whenever there is an addition to or change

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information previously furnished. Rule 6 section 7 of the rules correct

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you understand that sentence when filled out this application did you

65/486 Complete Transcript of Trial 06-M-13755

understand that you had a duty to update your application in writing?

You understand that you were to update your application whenever

there was in addition to or change in information previously furnished

and you signed this application under penalty of perjury correct?

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A: Correct.
Q: Did you understand that section of the application.

A: Yes.

Q: Did you understand you had a duty to update your application

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in writing.
A: Yes.
Q: Did you understand you had a duty to update the application
whenever there was a change in information previously furnished.

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A: Yes.

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Q: And, you signed this application under penalty of perjury,

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correct?
A: I believe so.
A: Okay Mr. Coughlin under the address section of the application
starting on page three the last address that you listed was 4487 Los
Reyes, Las Vegas, Nevada and that was 02/06/02, correct?

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(audio recording is unintelligible)

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Q: You turn to Exhibit 24. Was that your current address?

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(unintelligible)
Q: And you didn't provide another update of your addresses until
September 15, 2003 correct.

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A: You got some letters from March 2003, right?

Ms. Kagan: If you can point them out.

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Judge McElroy: So you're saying just excuse me no update of the

address until September 15th 2003?

Q: Exactly as represented in Exhibit 25 which I believe if you look

I'll just start with that Exhibit 25 is that your update of September 15 th,

2003 and it states your new address is 631 Humboldt, Reno, Nevada

89509?
A: Your questions is, is that is that an update I did? Yes, I believe

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so.
Q: And let's turn to Exhibit 24 that's a letter by sent by Kathy

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Crary to you dated September 9th, 2003 stating that you have two

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addresses on file one in Reno Nevada as used above and one on the

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computer system with the State Bar of California on Madera Road,

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Sacramento Please notify State Bar admissions at address below and

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confirm your correct mailing address, correct? So in response to that

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letter you provided an update on September 15 2003 of your new

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address?

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A: Correct.
Q: Yet, prior to that date you did not provide a written update of
your address since filing the application of September 2002?
A: I don't know how you would know about Madera Road if that

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wasn't the case. I don't know why her later would reference Madera

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Road if she had not been updated as to it.

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Q: Well isn't that a request for you to provide your current

address?

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A: She seems to be asking needed either specify which of the two

addresses on file are current or to provide a current one.
Q: And, on September 15 2003 you provided her your current
address?
A: Yes. I believe so.
Q: Then after that date of September 15th, 2003 you did not provide
an update of your address until February 15th, 2007, correct?
A: No that's incorrect, I believe there is a number of

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correspondences between myself and the State Bar which gave my

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addresses.

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Q: And during that time period from September 2003 to February

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2007 you had four different addresses as reflected in your application

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update that is Exhibit 3 page 2 correct?

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A: I believe so.
Q: From November 2003 to April 2004, you lived at 4263
greenhorn court Reno Nevada

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A: I believe so.

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Q: From April 2004 through October 2004 you lived at 1044 West

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first street Reno Nevada?

A: I think so.
Q: From October 2004 through April 2006 you lived at 1255 Jones
street number 132 Reno, Nevada.
A: approximately.
Q: From May 2006 until the last updated February 2007 you lived
at 945 West 12 street Reno Nevada

68/486 Complete Transcript of Trial 06-M-13755

A: Yes.

Q: you currently live there?

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A: Yes.
Q: What did you understand your duty to update your
membership or your address with the State Bar to be?
A: I'm not sure, roughly that I had a duty to update them of my

address

the last employment that you noted in this application was June 2002

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Q: Exhibit 1 pages four and five under employment history

at Perry and Spann?

A: I believe so, yes.
Q: And you did not provide an update of your employment history
from filing that application until May 31 st 2004 correct?

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A: No, I don't believe that's correct.

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Q: You believe you provided an update of your employment

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history before that date?

A: Yes.
Q: And and where exactly and when?
A: I believe the job at Schuering Zimmerman was reported on my

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letterheads and from letters around that time was indicated. And

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you're saying from 2004, whereas there was letters from 2003 to the bar,

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right, saying I left this job.

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Ms. Kagan: Okay, we'll get to that job in on in a minute. I

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apologize. Let me change my question. You did not provide the State

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Bar with an update of your employment history from May 31 st 2004

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through February 15th, 2007?

69/486 Complete Transcript of Trial 06-M-13755

A: I don't understand your question.

Q: My question is do you recall providing an update to the State

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Bar on May 31st 2004?

A: Is there an exhibit you can reference?

Q: Yes there is that would be Exhibit 32.

A: I believe I provided this but your question was-

Q: Right ,so after this date May 31 st 2004 you did not provide

another update regarding your employment history until February 15,

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2007, is that correct?

A: I don't know for sure. I don't believe so. I don't believe that is
correct.
Q: Yet, during that period you worked for the law office of Thomas
J Hall from approximately May 2003 until present correct?

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A: I don't know that you can say that's correct.

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Q: That's exactly from your update in your application, exhibit 3

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A: I don't believe that is correct, because, one, I don't know that I

worked for him and an employment capacity. I believe I was
independently contracting and it was very sporadic employment if it
was employment in fact it was once in awhile I would get a research
project.

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Q: So approximately according to page three lengths of time

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employed to from I performed legal research and writing for Mr. Hall a

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variety of times between may 2003 to the present. Was that a true

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statement at the time that you made it.

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A: Yes I believe so.

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Q: Yet, this was the first time you updated the bar or advised the
bar regarding that employment isn't it?
A: Well doesn't it say in this 2004 update, Tom Hall is listed
there?
Q: That you were working to present?

A: I'm sorry I don't understand what you are saying?

Q: Did you update your application to include that you were

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working with Tom Hall to present?

A: When?
Q: Between May of 2004 until February 2007?
A: I don't know that there was a time at which that would have

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been necessary. I don't know whether or not I did or not but if I hadn't

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done any work for him for quite a while, then-

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Q: Okay, you were employed by Hale, Lane, Peak, Dennison and

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Howard from July 17, 2005 to December 6th, 2005, yet you did not

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provide an update to the State Bar regarding that employment until

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February 15th, 2007, correct?

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A: I don't believe that's correct, I had a good deal of conversations

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with LAP about that job and believe I my attorney was aware of that

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job and I think it's possible that the State Bar had correspondence

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related that job.

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Q: Do you think that the fact that your attorney knew about that
job is does that satisfy your duty to update your application in writing
to the State Bar?
A: I'm not sure.

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Q: What about the fact that LAP may have known about that do
you think that satisfies your duty to update the State Bar?
A: I'm not sure.
Judge McElroy: We'll take a five minute. We're back on track on
the record back.
Q: Mr. Coughlin, did you ever make the statement that alcoholism
is in your genetics.
A: I am not sure.
Q: Then turn to Exhibit 12 page 10 of the informal conference did

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you make the statement: I would just like you to know, to impress on

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you that I really have changed, you know? I've gone to probably five or

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six hundred AA meetings, I've listened to hundreds of speaker meetings

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on a tapes. Alcoholism is in my genetics, you know? It's something that

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really exacerbates my character defects. Even if you took out the

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alcohol I would still have character defects, still have the alcoholism as

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part of it. Did you make that statement?

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A: I believe so.

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Q: Was that statement true at the time that you made it.

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A: I don't know that's a statement capable of being qualified as

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true or false.
Q: Were you lying to the Committee at the time you made the
statement?
A: If something is not capable of being true or false I don't know
that it could be a lie.

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Q: Did you believe yourself to have genetic alcoholism in your

genetics at the time you made the statement?
A: I'm not sure I believe I made a good faith effort to show the

community that I was concerned with the things they were concerned

about and I was taking steps to address it however I don't think

anybody can be certain about these types of things given their

subjective nature and the degree of introspection that is required.

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Q: I asked you whether or not you believe the statements to be

true at the time that you made them.
A: I don't believe that's a subject matter that I think can be in
terms of true or false.

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Q: Okay, let's turn back to exhibit 1, page six under the title self-

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employment question 6.1 have you ever in in business for yourself, you

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checked no, correct?

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A: That is correct.
Q: Sometime after filing the application you actually started your
own business called Coughlin memory foam mattress and pillows?

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A: Yes.

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Q: When did you start that company.

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A: I'm not sure it was it was either in 2003 or 2004.

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Q: Okay, in your exhibit 32, in your May 31 st, 2004 update you list
the dates of employment as October 2003-present, I started Nevada
business and have been a sole proprietor owning and running a
business, DBA Zachary Coughlin memory foam beds and pillows

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73/486 Complete Transcript of Trial 06-M-13755

correct, so as of this update in October 2003 you had started the

company correct.

A: Yes.

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Q: Yet May 31st 2004 is the first time you've updated the bar
regarding that correct?

A: I'm not sure.

Q: But in fact, in a your resume which is exhibit seven page 12 you

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list the dates of employment as March 2003-2005 Coughlin Memory

Foam, correct.
A: Yes.
Q: So which is in fact the date that you started the company Mr.
Coughlin?
A: I think that depends on what you define starting the company,

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if it means getting a business license the day is which you got a

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business license that's one thing if it's the day which had the

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germination of an idea to start a company began taking steps towards

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doing so that could be another thing.

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Q: In your resume you stated under Coughlin Memory Foam, I

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owned and operated the sole proprietorship selling memory foam

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mattresses and pillow, and all legal matters, designed and maintained

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a website, handled customer service matters, coordinated shipping and

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warehousing, and utilized eBay and other internet channels to attract

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customers, and sold mattresses to customers in over 30 states. Is that an

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accurate statement of your running that business from March 2003-

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2005 at that point?

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Mr. Coughlin: Objection, relevance.

74/486 Complete Transcript of Trial 06-M-13755

Judge McElroy: Overruled.

A: I believe it is but I don't believe those activities were

necessarily going on in total from March 2003, it was a process of

building up steam.

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Q: Okay let's turn to Exhibit 1, page 11 close to the bottom states

civil actions and administrative proceedings, 11.2 have you ever been a
party to or are you presently a party to any civil action or
administrative proceeding this includes divorce, dissolution, small
claim, workers compensation, etc. You checked no to that correct.

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A: Yes.

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Q: 11.3 have any judgments been filed against you you checked no

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to that.
A: Correct.
Q: Now in February 15th 2007 you provided which is represented in
exhibit 3 your update of that date on page five you list three civil
actions and proceedings or judgments are filed against you correct?
A: I guess those are judgments dealing with unlawful detainers, if
those are judgments, then, yes.
Q: The first one let's just go through this which is represented by

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exhibit 62 that is River Arms Apartments vs. Zachary Coughlin

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Washoe County case number REV2005-001396 correct, that's one of the

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unlawful detainer actions, and that was for a default in payment of

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rent at 1255 Jones street number 132 Reno Nevada

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A: From what I understand, but I'm a little unclear on on how I

could have two of those you know,

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75/486 Complete Transcript of Trial 06-M-13755

Q: That wasn't the question the question was with that in relation

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to an unlawful detainer at that address?

A: I believe so.

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Q: And there was a judgment for the plaintiff in the amount of

$660?

A: I believe the 1396 was for $720.

Q: Well if you look at Exhibit 62 that is Rev2005-001396 says total

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due $660.
A: Yeah I see where that says $660.
Q: And that that payment is still outstanding.

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A: Yes.

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Q: Have you made any payments toward that $660.

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A: I don't believe so.

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Q: Yet, your February 15th, 2007 update that's the first time that
you provided that information to the State Bar regarding that case is
that not true?
A: Well, I do believe I related that information in a telephone call
with yourself prior to that day.
Q: Did you provided in writing to anyone at the State Bar prior to
that date?
A: I don't believe so.
Q: In fact, are you aware that the State Bar filed a response in this
matter in 2006 is moral character proceeding.
A: Yes.

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Q: Did you receive a copy of that?

A: Yes.

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Q: In that response the State Bar actually list this case as well as
the the two others that you've got failed to put in your application and
update, correct?

A: That is correct.

Q: And you didn't actually provide an update of this until after

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the State Bar filed its response correct?

A: Well I had prior to that had referred to them on the phone to
you and told you that I would be needing to provide that in writing.
Q: You know I want to look at something, in this exhibit 3, page 1
you state, please accept this correspondence is an update my moral
character application filed September 28 2002. I have previously
indicated to Ms. Kagan that there were several matters to which I
needed to update my previously filed moral character application.
What did you mean by that statement just that I told you there was
things that I needed update
Q: So you were aware that there were things that needed to be
updated in your application that you had yet to do?

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A: I was aware there was a possibility, yeah. I needed to go over it

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with a fine-tooth comb. I didn't even realize the unlawful detainers fit

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within that. I didn't realize they were judgments. I don't recall ever you

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know.

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Q: Is that why you didn't update your application until February

15, 2007 regarding those cases?

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77/486 Complete Transcript of Trial 06-M-13755

Mr. Coughlin: Regarding unlawful detainers?

Ms. Kagan: Yes.

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Mr. Coughlin: I knew I had been evicted but I didn't know legally
what that meant in terms of there had been I guess a judgment for an
unlawful detainer and that amounted to something that fit within this
application. So for those two matters that was more a case of me not
knowing quite what those amounted to.
Q: Did you ever ask anybody what those amounted to?

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A: No, I don't believe so.

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Q: As you are referring to both of them, let's go back to Exhibit 63

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that is the case of River Arms Apartments v. Zachary B Coughlin

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Washoe County case number REV2006-00909 related to an unlawful

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detainer for default and payment of rent at 1255 Jones Street 132 Reno

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Nevada in the amount of $720.

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A: Yes. I still don't understand how there can be two separate ones
for this. I don't think you could stay two months for you know without
paying. Its one residence, how can there be two unlawful detainer
actions, I don't understand that.

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Q: As a today's date have you made any payments for the $720.

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A: Other than the damage deposit was kept in its entirety which

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was I believe $300 or $400.

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Q: But my question is did you ever make payment toward the

$720?

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A: Well I believe that damage deposit would be applied towards

that so other than that, no, but that would amount to a payment I

believe.

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Q: Do you know that for certain.

A: No.
Q: Okay, now my question was if you look at page 1, there's a total

of $720, have you ever made payment and that is if you look at it due

date of rent $595, total late charges applicable $50, due date of 3/1/06,

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$75 a total of seven hundred twenty dollars, correct?

A: That's what I don't understand is it's like these are two separate
actions but they're both dated from March 1 st.
Q: Do you see the difference that one actually takes place in 2005
which is exhibit 62 and one takes place in 2006 which is exhibit 63?
A: I well my photocopies not so clear I can't read that.

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Q: As of today have you ever made any payments towards-

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A: I don't know how why they can go back and so you didn't pay a

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year ago.
Q: Mr. Coughlin, please, answer the question. The question is as a
today's date have you made any payments towards the $720.
A: I'm not sure. I'm not sure if the damage deposit is applied
towards that or not, other than that no, I have not.
Q: Now there was another court case which is represented in

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exhibit 60 and that is shipping services DBA Uni-shippers v. Zachary

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Coughlin individually DBA Coughlin Memory Foam from Washoe

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County case number RSC2005-00301, and that's a small claims case

79/486 Complete Transcript of Trial 06-M-13755

against you for non-payment of shipping services and there was a

judgment for plaintiff in the amount of $5,161?

A: Well, I think it might have been for $5,000, the amount of over

$5,000 I believe is some sort of cost as I understand it small-claims

actions are limited to $5,000.

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Q: Have you made any payments towards that $5,161, Mr.

Coughlin?
A: I'm not sure.
Q: Do you have any evidence with you of payment that you made
on that?
A: No.
Q: Yet, you knew about that case as of March 18 th, 2005, correct?

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A: I'm not sure, is that the date the case went to trial?

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Q: No, actually that's the date that you filed the letter with Judge

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Schroeder in that matter which is exhibit 60 page 22 in March 11, 2005.

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Dear Judge Schroeder, I'm writing to request an opportunity to defend

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my case though I was not present on the date specified in the order

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RSC2005-000301. So would it be fair to say that as of March 11, 2005 you

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were aware that there was a case filed against you in this matter?

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A: I think that would be fair to say yes.

Q: Yet, you didn't update your application to include this until
February 15th, 2007. Well does the application say something filed
against you or does it say judgment?

27

Ms. Kagan: Well, let's read it, Exhibit 1 which we went over

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earlier page 11 states civil actions and administrative proceedings have

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you ever been a party to are you presently a party to any civil action or

administrative proceeding you checked no correct.

A: Yes.

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Q: And you didn't update that section until February 15 th, 2007
correct.
A: Well as I mentioned before I referred to it on the phone with

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you.
Q: Do you have any documentation that effect?
A: I don't believe so.
Q: So, why didn't you update if you knew about it since March
2005 why did it take you approximately two years to update your
application to include that information.
A: I am not sure I think at some point I wasn't I didn't remember

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exactly what needs to be reported within this application I was more

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sure things like you know if you got arrested you need to report that

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but this is something a bit more tenuous in a bit further into the fine

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print in the application in my opinion. Also, at some point I seem to

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remember thinking there might have been something in there about

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this and then I wasn't sure whether I had received the final

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adjudication in that matter and whether or not that meant I could still

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appeal it and therefore not fit within what's called for by the

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application. However as I read 11.2 it says have you ever been a party to

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so I think that would mean whether or not I had any appeal that was

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something that would have been needed to be reported and I don't think

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as of the date of this application it says you need to report it with an X

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amount of time. I think that was a subsequent thing that was added to

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applications where maybe the rule went on to say 30 days you need to

report something by but regardless at some point I should have been

aware of that and I should have reported it and I while I did refer on

the telephone to you and say that there are some things I need to report

that was still pretty late in the game and pretty far out from when it

should have been reported.

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Q: In fact you didn't report this until after the State Bar filed its
response setting forth this case correct?

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A: Right, which was surprising me because you had said you

would give me an opportunity to update my application and refer to the
things we discussed on the phone and then at some point I guess you
decided you had to get something filed so I wasn't maybe either giving
quite the opportunity or if I was I didn't take advantage of it quickly
enough.
Q: Do you have any documentation of these telephone

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conversations you had with me, Mr. Coughlin.

A: Other than phone records showing that we talked on the phone

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several times, I don't believe.

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Q: I'd like you to turn to Exhibit 1, back to the section regarding

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bondedness, discharge of obligation, indebtedness on page 13 and I'd like

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to discuss something other than the student loans under 13.5. do you

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owe any debts including students that are past due, you checked no

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correct? Actually include those barred by statute of limitations and

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past credit account balances. You see that's the part of it you checked

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no?

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A: That's correct.

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Q: In February of 2007 as part of exhibit 3 you provided a list of

debts that are past due correct?
A: Yes, I did.
Q: And that's on page starts with page 5 and goes through page
eight.

A: yes.

Q: Ok so let's look at the first one of argon agency for 470 dollars

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past due October 2006. So February 2007 is the first time you have you
notified the bar?
A: I believe so yes.
Q: Why didn't you notified them back in October 2006?

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A: I'm not sure I should have.

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Q: Would it be fair to say that let's see the next one AFI $148 past

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due as of October 2006, correct?

A: If that's the sort of thing called for yes.
Q: And you didn't provide an update until 2007.

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A: As far as I remember yes.

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Q: Collection Service of Nevada Digestive health center $133 past

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due as of December 2006, correct.

A: That is correct.
Q: And the first update you provide is February 2007.

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A: Right, and that is what, a month and a half later or something?

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Q: River Arms Apartments $1532 passed due as of November 2006,

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correct?

83/486 Complete Transcript of Trial 06-M-13755

A: Well, I don't know that I fully agree with that debt as I

discussed earlier and don't understand how there could be two months

for unlawful detainer.

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Q: But you do understand that there are two judgments against

you for that amount correct?
A: Yeah, I guess so.

Q: And then Macy's $55 past you as of October 2005?

A: Yes.

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Q: Yet February 2007 is the first time you updated your

application regarding that?
A: I believe so.

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Q: Wells Fargo Bank $836 past due as of November 2005.

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A: Yes.

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Q: And February 2007 is the first time you update your

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application to include that?

A: I believe so.

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Q: Are all these that's still outstanding Mr. Coughlin.

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A: I don't know what written off means if that means it's no

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longer outstanding but if it doesn't then yes I believe most if not all of

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these are still outstanding, however I think the charter communication

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debts might have been taken care.

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Q: I'm on this exhibit at page 5 under Section 13.5 past due debts
you right I incurred debts in addition to the unlawful detainer actions
mentioned in section 11.2. Steps taken to address the debts, I've tried to
get my law licenses in California and Nevada so that I can repay these

84/486 Complete Transcript of Trial 06-M-13755

debts and to work my program of recovery towards the same goal. Was

that a correct statement at the time that you made that?

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A: yeah I believe so.

Q: you've been licensed in Nevada since March 2005, correct.

A: That's correct you can practice as an attorney in Nevada.

Q: Yes and after a leaving Hale Lane in December of 2005 have

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you had any legal employment in the State of Nevada.

A: I have done a few research projects for Tom Hall, I believe.
Q: Is there anything preventing you from working as a lawyer in
the State of Nevada.

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A: Well getting hired is you know that's one thing, its been

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difficult to find work and for a time there I had gastritis so that made

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it difficult, and then there's this proceeding, which I don't know if you

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haven't gone through something like this in in a first-person type way I

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don't know if you can really appreciate the extent to which it kind of

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involves your life and I think it's illustrative to look at when I got

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gastritis I was working full-time in litigation setting and heavily

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involved with dealing with the LAP program working with them and

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so I think I look back at that and in considering this hearing coming

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up, while, I've tried to find work, I've also realized that this hearing is

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something that is take something out of somebody.

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Q: What litigation firm were you talking about?

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A: Hale Lane.

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Q: Correct me if I'm wrong but weren't you are let go from Hale

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Lane and you were advised that it was not a good fit?

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85/486 Complete Transcript of Trial 06-M-13755

Mr. Coughlin: I object to that on the basis that I signed a

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severance agreement with Hale Lane and it seems to have some

language in it that indicates that I am either not allowed to or to be

subject some for penalty for discussing my employment with Hale

Lane.

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Judge McElroy: Okay, but the question is just were you let go,
she's not asking for details, so I am going to overrule.
Mr. Coughlin: Yeah as far as I understand that, I was let go as far
as I understand.
Q: Yet, you testified at your deposition that you were let go and
you were told it was not a good fit?

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A: Correct.

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Q: You never mentioned anything about gastritis at the time that

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I asked you at the deposition about that job did you?

A: I'm not sure but I didn't get- I was beginning to suffer from
gastritis at that time I know but I didn't get treated by Dr. Hinojosa
until following the termination of that employment.
Judge McElroy: Let's move on to your employment with the law
firm ofMr. Coughlin: And I would just point out that perhaps this is a

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situation where you know you could say well the LAP program is

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designed to do a lot of good and it probably does do a lot of good but in

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some instances-

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Ms. Kagan: I'm gonna to object to this on the basis there is no

question posed.

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Judge McElroy: Sustained. You can explain it as it relates to a

question posed, okay.
Q: Turn to Exhibit 2, page 3, it's a letter dated February 23, 2003 to

Kathy Crary from Zachary Coughlin and turn to page 3 of this letter

you write: also I have been let go from my position at Schuering

Zimmerman and Scully in light my recent arrest and hope this letter

complies with my duty to keep the bar informed as to my employment

history. Did you write this?

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A: Yes.

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Q: Were the statements contained therein true?

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Mr. Coughlin: I'm not sure because I don't know exactly what

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Schuering Zimmerman's motivation was for letting go.

Q: But you wrote that in a letter to the bar correct? I've been let

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go from my position at Schuering Zimmerman and Scully in light of

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my recent arrest and hope this letter complies with my duty to keep the

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bar informed of my employment history?

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A: I don't know that that means that that's the rationale

Schuering Zimmerman gave me for letting me go.

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Q: But, that's what you informed the bar, correct?

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A: No, that depends on how you read that sentence.

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Q: How do you read it, Mr. Coughlin?

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A: Also I've been let go from my position at Schuering

Zimmerman and Scully in light of my recent arrest and hope this letter
complies with my duty to keep the bar informed of my employment

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87/486 Complete Transcript of Trial 06-M-13755

history. And that would go back to your earlier statement about me

not having informed-

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Ms. Kagan: Okay, I struck that question.

Mr. Coughlin: Okay, how would I read that that? It doesn't say
Schuering Zimmerman told me that that was why?

Ms. Kagan: Okay, well let's move on to-

Mr. Coughlin: In fact, I don't believe that was why they told me.

Ms. Kagan: Oh, that wasn't why?

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Mr. Coughlin: I don't think so.

Q: Why were you terminated?
A: They told me it was because they needed me to have a Nevada

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license and the abeyance order that had been issued December 18 th,

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2002, which I didn't get it until after moving there and starting work I

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think was why they said well we need to let you go because you haven't

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a Nevada license.

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Q: So, they didn't let you go in light of your least recent arrest?
A: You would have to ask them that. Objection, hearsay.
Q: In your opinion, what was the reason for them letting you go?
Is it because you couldn't get your Nevada license?
A: My opinion is that I'm not sure why they let me go.
Q: Exhibit 15Mr. Coughlin: And even if they told me why they let you go, I still
wouldn't be sure why they let me go.

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88/486 Complete Transcript of Trial 06-M-13755

Q: But you didn't put that your letter to the State Bar, I'm not sure

why they let me go, you said, you wrote in light of my recent arrest,

correct?

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A: I'm not going to say that thatQ: I'm asking for what you wrote in your letter.
A: You're asking me to agree with what your impression is of
what I wrote meant. That's different than asking me what I wrote.
Q: Mr. Coughlin, I asked you whether or not you informed the bar

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about the Nevada licensing at that time or whether you wrote in light

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of my recent arrest.

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A: I'm sorry, I don't understand your question, you lost me on.

Ms. Kagan: Let's move on. Exhibit 15 page 63 is a letter dated
February 23rd, 2003 to the State Bar of Nevada. So, this is the same date
as your update to the State Bar of California only this is to the State
Bar of Nevada and in this letter you write: also I have been let go from
my position at Schuering, Zimmerman and Scully I was told that was
let go because they need someone who is licensed in Nevada and that
the Supreme Court's deferment order was too far out for them to keep
me employed, correct?

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A: I believe so. That's what's written on that page.

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Q: Is your letter to the Nevada State Bar Mr. Coughlin.

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A: I believe so.

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Ms. Kagan: I request that Exhibit 15 just page 63 be moved into

evidence Your Honor.
Judge McElroy: Exhibit 15 page 63 is admitted into evidence.

89/486 Complete Transcript of Trial 06-M-13755

Mr. Coughlin: I object on basis of relevance, Your Honor.

Judge McElroy: Its overruled.

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Ms. Kagan: So on the same day that you wrote the State Bar that
you were let go from that firm in light of your recent arrest you wrote
to the Nevada State Bar stating that you were let go because they
needed someone who was licensed in Nevada, correct?

A: Those are the words that are in either of those letters.

Q: All right, let's move on to exhibit 1 page 13 regarding scholastic

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discipline, under this section have you been dropped suspended expelled

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or otherwise discipline by any school for any reason other than

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academic performance and you check yes. If you have state the reasons

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fully below providing the name of the school the date and the reasons

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for discipline in the final disposition and you write I was fined $100 by

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UNLV for moving a computer monitor and keyboard 10 feet to attach

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my computer for an hour in December 1st, 2002 University University of

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Nevada Las Vegas correct?

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A: True.
Q: Actually the conduct took place on October 11th 2001, correct?
A: So, yes I did write that and you are saying the incident took
place on October 11th, 2001? I don't know I'm not sure.
Q: Ok let's look at on exhibit 58 page five and this is a letter or a

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memorandum to Dr. Rebecca Mills from Christine Smith dated October

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27 2001 it's cc'd Zachary Coughlin. Do you recognize this letter?

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A: Yes.

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90/486 Complete Transcript of Trial 06-M-13755

Q: While we're on this exhibit, do you also recognized page 7 of the

exhibit which is a check for $100 to Board of Regents, UNLV from

Zachary Coughlin.

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A: Yes I do.
Q: Is that the hundred dollars that you paid for the computer
incident?

A: yes it is.

Q: Ok I moved to have exhibit 58 pages 5 and 7 into evidence.

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Judge McElroy: Objection?

Mr. Coughlin: No, Your Honor.

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Judge McElroy: So, Exhibit 58 pages five and seven are admitted.

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Q: Okay, so it states in this exhibit page 5 of the exhibit on

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evening of October 11 2001, Zachary Coughlin disconnected the

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computer monitor keyboard and mouse which are set up in the

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microforms room of the UNLV law library see attachment

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memorandum of Matthew Wright. This machine is not for general

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student use we have two computer labs with over 30 computer stations

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as well as carrels with network connections. Mr. Coughlin chose not to

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use these facilities and decided to dismantle without authorization an

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entire computer station dedicated to the purpose of reviewing

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microforms in the microforms room. So, is that a fair statement of what

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occurred on October 11 2001 regarding the computer?

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A: I would say it's not a real complete statement, no.

Q: Was the computer for general student use?

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91/486 Complete Transcript of Trial 06-M-13755

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A: I think it was for students to use, what you mean by general

I'm not sure.
Q: Wasn't it attached for use to the microforms?
A: I'm not sure.

Q: Did you have authorization to disconnect that computer.

A: I'm not sure.

Q: Why did you use that computer Mr. Coughlin.

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A: It's kind of a somewhat complicated reason as I remember it.

My home computer wasn't able to get on the internet because the
Internet service providers software that needed to be used I believe was
prodigy at that point had become corrupted or in some way was no
longer functional and so when I called the tech support they told me
that I needed to get another copy of that prodigy program reinstalled so
I could start using the internet to get home and I couldn't, the only
place I had to go get a copy when I could get on the internet was at
school but I couldn't get a copy of that program because it was too large
to save to it the floppy disk and we didn't have CD burners back then or
these USB drives. We didn't have those available to us back then so
what I had to do is I had to take my home computer to school and try
downloaded the prodigy program on my computer at school I try to do
that in the rooms that they're speaking of these computer labs but for
some reason I wasn't able to get it to work there and so after trying that
again I tried this other computer that was outside the computer lab and
you know for about 10 minutes I need a monitor to use with the
computer I brought from home to get on the internet and download this
program so I can fix my computer and use it at home and I did that.
And that's what happened.

92/486 Complete Transcript of Trial 06-M-13755

Q: Did you have authorization to use that computer for that

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purpose?

A: I don't believe.

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Q: Did you ask anyone whether or not you can use it for that
purpose.
A: I don't think so. This was like six o'clock or so I think like on a

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Friday though so.

Q: Let's move on exhibit 2 page 2, now let's go through this again.

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Is this your letter to the State Bar of California?

A: I think it is, if it was signed it would be easier to be sure about

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it.
Q: What about the fact that your letterhead is at the top of the
letter.
A: Well I don't know that that you know means it's definitely
mine if it's that were the case anybody who put my letterhead atop of a
letter could write any letter they wanted and and say it was mine.
Q: Let's talk about March 19 2003 at that and that date did you
live at 1044 West first street Reno Nevada 89503.

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A: I think so and I'm the first page of that exhibit it's entitled

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amendment to application and it states I and you filled in your name as

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Zach Coughlin understand that my application whether filed as a

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registrant or as an applicant for admission to practice law in California

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is a continuing application for this reason I'm amend my application

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with the following additional facts and information which correctly

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and fully bring the previously filed application amendments to that

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application to a current status. This amendment applies to items blank

93/486 Complete Transcript of Trial 06-M-13755

of my application as follows and you write please see enclosed letter. Is

the letter you referring to the same date as the title page 3/19/03.

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A: I would think it is.

Q: Okay in this letter you write to the State Bar stating I have not
been referred to any treatment, its the fourth paragraph down
approximately two sentences from the bottom, I have not been referred
to any treatment programs for drug or alcohol abuse, nor am I
currently enrolled in treatment. Was that a true statement at the time
you made that?
A: I believe it was but it depends on what your defining as
treatment.

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Q: What about treatment programs?

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A: If your saying going to an AA meeting is treatment, then, but I

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don't know that I wouldMs. Kagan: So you wouldn't consider AA to be a treatment

program for drug or alcohol abuse?
A: It would depend who was saying treatment and how they were
using it.

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Q: In fact, Mr. Coughlin as part of your conviction in March 2003,

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you were sentenced to attend 8 AA meetings by June 10 th, 2003 correct?

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A: That's correct.
Q: That's represented by Exhibit 67 page five Superior Court of
California County of Sacramento minute order header preceding case
number 03t00937 correct?
A: Correct.

94/486 Complete Transcript of Trial 06-M-13755

Q: On March 11 2004 you pled nolo contendere to a violation of

section vehicle code section 23103 dry reckless non-alcohol related

correct?

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A: That's correct.
Q: On March 11 2003 you were ordered by a court to attend
Alcoholics Anonymous meetings correct?

A: Yeah, I guess so.

Q: Yet, in your March 19, 2003 update to the California State Bar

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you didn't include that information did you?

A: Objection, relevance?
Judge McElroy: Overruled.

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Mr. Coughlin: I didn't include what?

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Q: That you were sentenced to attend eight Alcoholics Anonymous

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meetings by the court.

A: I don't see that in the letter. Was there something calling for
that in the letter?
Q: That's actually a good question I'd like you to turn to exhibit
20, in the letter to Zachary Coughlin from Kathy Crary dating March 5,
2003. In the letter it states please provide the following a copy of the
police report from the arresting agency regarding your January 2003
arrest for DUI. Please describe your relationship with alcohol and/or
drugs. This should include when you started drinking or using drugs
at what age and where and outline your current drinking habits and or
drug usage. This statement should list any referrals or rehabilitative
programs in which you have been enrolled for treatment of abuse

95/486 Complete Transcript of Trial 06-M-13755

issues. Keep in mind that the rules regulating admissions to practice

the barn cap practice law in California provides an applicant has a

continuing duty to update response to questions and all applications

whenever there is an addition or change the information previously

furnished. Okay, did you receive this letter?

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A: Yes.
Q: And is your March 19, 2003 letter to Ms. Crary a response to this
letter?
A: The one that had the police report that says that I had to go to
AA meetings, that one?

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Q: No, no, no, I am talking about the March 19, 2003 letter.

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Mr. Coughlin: That the police report was included with? Wasn't

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the police report included with that letter?

Ms. Kagan: Yes, it was.
Mr. Coughlin: So wouldn't that obviate the need to tell you that I
was sentenced to these it's included with the letter?

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Ms. Kagan: Well, exactly let's see what was included in the letter-

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Mr. Coughlin: To the extent that that that fits within a referral

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which I'm not sure that is a referral to a treatment program as spelled

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forth here.

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Ms. Kagan: Actually, umMr. Coughlin: See, I don't know that going to AA meetings are
tantamount to being enrolled in a program.
Q: Did you understand what she was asking me to provide Mr.
Coughlin, Ms. Crary in her letter that's exhibit 20?

96/486 Complete Transcript of Trial 06-M-13755

A: She wanted a copy of the police report.

Ms. Kagan: Yes and what else?

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Mr. Coughlin: She wanted me to describe my relationship with

alcohol or drugs okay and to list any referrals or rehabilitative
programs in which you have been enrolled for treatment.

Q: Did you understand what she was asking for?

A: I'm not sure.

Q: In response to that letter you submitted letter March 19 2003

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correct?
A: Yes, in addition to this police report that lists these AA
meetings that it says I need to attend, so to go back to your earlier
question-at

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Q: But you didn't put that in your letter did you?

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A: If this police report is attached to my letter than as a total yes I

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would say in whole it's in my letter.

Q: Mr. Coughlin, my question was is it included, is that language
included in your letter of March 2003 to Ms. Crary?
A: What language?

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Q: Regarding the AA attendance?

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A: In the police report that I sent in?

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Ms. Kagan: No, Mr. Coughlin, my question is your letter.

Mr. Coughlin: But, I view my letter as what's included in the
envelope.
Q: Is it in this one-page letter, that is exhibit 2, page 2?

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Mr. Coughlin: Objection, relevance.

Judge McElroy: Here's what I say you're allowed to explain you

answer yes or no and explain it, is it in the letter, the reference to AA

meetings?

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Mr. Coughlin: That the court is ordering me to go to some?

Judge McElroy: Yes, is that referenced in the letter?

Mr. Coughlin: I don't believe that's referenced in the letter, but

Page 2, Exhibit 2 states: I have included my arrest report in this letter,

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so I'm referencing this arrest report which includes this court

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sentencing me to that. Whether or not it goes on further in the letter to

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spell that out I don't see that. A certified copy of the Minute Order is

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included indicating the final disposition of my charge included in that

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disposition is this AA meeting language, so I think that is open to

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interpretation whether or not have included that in this letter.

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Q: Mr. Coughlin isn't it true that you told the Committee at the

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informal conference of July 8, 2004 that you were a sober member of

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Alcoholics Anonymous since January 1st, 2002?

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A: I think those are words that I used, yes.

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Q: That's not in this update of March 19th, 2003 is it.

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A: No.

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Q: There's no reference to AA in this whole letter is there?

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A: Well other than where it's referencing the Minute Order and
what's included in that Minute Order, no I don't believe so. But, I would
say that goes to highlight what I consider to be a rather rudimentary
understanding of alcoholism and AA on your part and that would be

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that it seems that you feel that the minute someone goes to an AA they

become a member of AA and from there on their required to identify

themselves as such that there's really no room for looking into it or

exploratory type of investigation, its once you've done that your-

Q: Mr. Coughlin I am asking about statements you made at the

informal conference in July 8th, 2004, on that date you made the

statement I'm a silver I've been a sober member of Alcoholics

Anonymous since January 1st, 2002, correct?

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A: I believe so.
Q: Yet, you don't include that language in this letter did you? This
language this letter that is exhibit 2 page 2.
A: You can start going and not really feel you belong there. You

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can start going and not really be on board with it. You can just be

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going to see what you think about it, you know, and then, after the fact,

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say well okay I've been going, I wasn't drinking, so yeah, I guess I didn't

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really know at the time you know, but now that I look back on it, yeah

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that was the germination of my recovery or that's where things started

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to change or I started looking at things differently. But I don't think

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anybody in the history of recovery has just one day been like, oh, this is

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me, that's it, boom. You know, it a process.

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Q: Mr. Coughlin, did you make that statement at the informal

conference?
Mr. Coughlin: Which statement?
Q: That you've been a sober member of Alcoholics Anonymous
since January 1st, 2002.
A: Yeah, I think I did.

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Q: Okay, and going back to Exhibit 20: Please describe your

relationship with alcohol and/or drugs. This should include when you

started drinking and using drugs at what age and where and outline

your current drinking habits and or drinking usage. This statement

should list any referrals or rehabilitative programs in which you have

been enrolled for treatment of abuse issues Okay, so that is March

2003, correct? And yet nowhere in Exhibit 2 do you mention that you

have been attending Alcoholics Anonymous meetings, do you?

A: Well, actually if I'm giving you this in the police report that

10

says I have the attend meetings, then I guess that would mean that,

11

yes, I have been telling you I had been attending meetings.

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14

Q: Where in the police report does it say that you've been a sober
member of Alcoholics Anonymous since January 1st, 2002?

15

Mr. Coughlin: Objection, relevance.

16

Judge McElroy: Overruled.

17

A: I don't know that it does say that in the police report.

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Q: Where in the police report does it say that you have attended
Alcoholics Anonymous meetings in the past?
A: Where it says part of the condition for this dry reckless to go to
these meetings?
Q: I am talking about in the past before you were ordered to go.
A: I don't know why a police report would talk about that. I don't

25

know why you are asking that question as if there's a duty to say if

26

you've ever gone to an AA meeting, there's a duty to say you've gone to

27

an AA meeting? Is that what you're saying because if that's what's

28

being said here the precedents, then let's really say that so that nobody

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ever goes to an AA meeting again, let's just get that out of the way,

because if they do go to AA meeting, then they need to report it to you

right, Susan, and then where do we go with that, you know? Judge

McElroy: Okay, what's the next question.

Q: Exhibit 2, page 2 second sentence: while I would like to point

out that I was not under the influence of any drug when I was pulled

over for having my seat belt unfastened, I must admit that I had

smoked marijuana in the weeks preceding my arrest. Is that a true

statement?

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11
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A: I believe so.
Q: Are you aware that the toxicology report found that you tested
positive for THC.

14

A: I believe so.

15

Q: And yet when you were asked that same question regarding-

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A: Positive for use within what? Within a 45 day window? Are

you saying there's any sort of specificity to when it said I used it or you
just saying in general?
Ms. Kagan: I asked you whether or not you're aware that the
toxicology report tested positive for THC.
Mr. Coughlin: Right. Yeah, I'm aware that the report as I

23

understand it indicates that the person testing positive has been

24

exposed to THC within somewhere around 45 days within testing

25

positive.

26
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Q: Okay what about the statement three paragraphs down, first

sentence. I started drinking alcohol in my early twenties and have

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never been more than a social drinker. Was that a true statement at

the time that you made it?

A: I believed it to be true, but it's also the kind statement where I

don't think it's a true or false statement, it is a completely subjective

statement. It's like telling someone you love them. Do you know

true/false that you love this person? Is it kind of shade of grey? Is it

something you have just kind of a gut feeling? You know? So if you're

asking me, is that true or not, I'm telling you that that seems to

highlight your rudimentary understanding of recovery again.

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Q: So, let's talk about your DUI arrest. You were arrested on
January 23rd, 2003 in Sacramento, California correct?
Mr. Coughlin: You are referring to my conviction for dry reckless
driving?
Ms. Kagan: I am talking about your arrest for DUI on January
23rd, 2003.
Mr. Coughlin: Okay, the one that was a dry reckless?
Q: You were arrested for DUI, is that not true Mr. Coughlin?

20

A: I think so I think.

21

Q: Exhibited 69 is the arrest report. Now, were you under the

22

influence of any on drugs or alcohol the time you were arrested, Mr.

23

Coughlin?

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A: I don't believe so but I should ask, is ibuprofen a drug?

Q: Were you under the influence of any alcohol or illegal drugs at
the time that you were arrested on January 23 rd, 2003.

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A: No. When you say under the influence of drugs, does that
include a prescription?
Judge McElroy: The question was illegal drugs.

Mr. Coughlin: Okay, so we're not talking about prescriptions?

5
6

Judge McElroy: No, we're talking about alcohol or illegal drugs.

Mr. Coughlin: Okay, then, no.

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10
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Q: Were you able to perform any of the field sobriety tests

administered by the police officer at the time of your arrest?
A: It is my opinion that I performed them all quite.
Q: Well, isn't it, in fact, true that you failed every single sobriety
tests?

14

Mr. Coughlin: In fact true? I don't know what you mean by that.

15

Q: Mr. Coughlin, what's your basis for believing that you

16
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performed them all?

Mr. Coughlin: That I was there and I was stone-cold sober and I
saw myself perform them.

20

Q: And in your opinion you passed the field sobriety test?

21

A: Yes.

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Q: But the officer had the opinion that you failed the field
sobriety tests, correct?
A: I can't speak for the officer, that would be hearsay.

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Q: Were you unsteady on your feet at the time of your arrest?

27

A: I don't believe so.

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Q: Did you have bloodshot, watery eyes at the time of your arrest?

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Mr. Coughlin: Objection, relevance.

Judge McElroy: Overruled.

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A: I don't believe so.

Q: Did you have a strong odor of marijuana emanating from your
car or your person or your breath?

A: I don't believe so.

Q: And it's in your letter of Exhibit 2 page 2, March 2003 you state:

I must admit that I had smoked marijuana in the weeks preceding my

10

arrest. I often wore the same sweater I was wearing the night I was

11

arrested. I would wear it almost nightly to avoid turning on the heat in

12

my apartment. The officer must have smelled marijuana on that

13

sweater from nights when I previously smoked marijuana. I would

14

smoke marijuana sparingly on nights after work when my chronic mid-

15

thoracic and cervical pain would be unusually bad. This would help me

16

sleep and ease the pain. Since starting a chiropractic and physical

17

therapy regime that also includes yoga, I feel remarkably better.

18

Were those statements true at the time that you made them?

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A: I believe so.

21

Q: Have you smoked pot since January 2003?

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A: I don't think so.

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Q: Have you ever kept pot in your residence since January 2003.

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A: I don't think so.

Q: How you ever kept anything used to smoke pot at your
residence since January 2003?
A: Objection, relevance.

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Judge McElroy: What's the relevancy?

Ms. Kagan: I believe I have evidence of possible pot usage by Mr.

3
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Coughlin after January 2003.

Judge McElroy: Okay, so it's possible impeachment.

Ms. Kagan: (giggling) Possible impeachment, yes.

Judge McElroy: I'm going to overrule the objection.

Mr. Coughlin: This evidence you speak of, has it been propounded?

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Ms. Kagan: No.

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Mr. Coughlin: Objection.

12

Ms. Kagan: That is the nature of impeachment, Your Honor.

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Judge McElroy: Okay, why don't you ask the question, see what

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the answer is, I'm going to overrule the objection at this point.
Q: Have you had any, I believe I used the word paraphernalia, I'm
not sure at your residence, for smoking pot since January 2003?

18

A: I don't believe so.

19

Q: Okay, let's go on to the arrest of October 14th, 2001, Exhibit 1

20

page 25 there's a page entitled 11.1 prior applications for admission to

21

practice law, second paragraph in October 2001, I was arrested outside a

22

movie theater I had entered the movie theater without paying, I have

23

no excuse for doing so, I was approached by two usher's at the movie

24

theater and asked to join them in the hallway, whereupon I left the

25

theater. The ushers gave chase yelling profanities at me. I was

26

perplexed as to why they reacted so and ran. The ushers chased me for

27

nearly 1-mile. I was later told by the movie theater usher's that they

28

were chasing me because I vaguely matched the description of someone

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who had committed a series of infractions at the theater and that they

took my running as an indication of guilt. After a photograph of my

face was shown to the victims of the series of infractions, the victims

indicated that I was definitely not the person who committed the

infractions. I am still not clear as to what these infractions entailed.

In the middle of the chase I ran into an area where several police

officers on bicycles were standing and was told to stop running. I

stopped running as soon as the adrenaline and the fear I felt from being

chased by two large men yelling profanities at me would allow. I was

10

charged with three misdemeanors: resisting arrest, evading a police

11

officer, and obstructing a police officer. All charges were dropped

12

completely with no conditions whatsoever. I was not ordered to pay any

13

fines or comply with any conditions. Immediately after the arrest, I

14

reported the incident to both my law school's administration and the

15

State Bar of Nevada. Did you write that statement?

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A: I believe so.
Q: Was that statement true?
Mr. Coughlin: Every aspect of it are you referring to anything in
particular?

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Q: Every aspect of it.

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A: I believe so.

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Q: Why did you run away from the ushers?

Mr. Coughlin: I would also object, I know that I've already entered

26

this but the application as I read it wouldn't even, and I believe this

27

goes to my candor, wouldn't have even required that I report this

28

because it didn't result in a conviction. So here I am I believe reporting

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something more beyond what the application calls for me to report, you

know, and yet you you're saying I don't have candor. So here I am, I'm

coming up to you saying, you know, I'm looking at my drinking, I'm

reporting something that, an arrest that all charges were dropped that

I don't even believe the application calls for.

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Ms. Kagan: Your Honor, is this an objection?

Judge McElroy: So what's the question?
Ms. Kagan: The question had already been answered. My next

10

question was why did he run away from the ushers. I asked whether or

11

not these statements are true statements.

12

Judge McElroy: He indicated that they were true.

13

Mr. Coughlin: I also object based on relevance.

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Judge McElroy: I'm going to sustain the objection on relevancy. I

don't understand why this is relevant. He was arrested outside a movie
theater in 2001. Are you saying that he didn't report it? I don't think he
has to report arrests.
Ms. Kagan: Well, what I'm saying is that he did report it and he
was not honest in his reporting.

21

Judge McElroy: Okay, so you may cross-examine him on that.

22

Ms. Kagan: Isn't it true that the police officers actually yelled for

23
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you to stop many times before you stopped?

A: I don't believe so, but I was running and this was a highintensity situation, so.

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Q: And in the statement you right I stopped running as soon as the

adrenaline and fear I felt from being chased by two large men yelling

profanities would allow?

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6
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A: Yes.
Q: Isn't it true that you were actually tackled by one of the police
officers.

A: I believe that's correct.

Q: And it took four officers to hold you down, Mr. Coughlin.

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A: I don't believe that's correct and I don't believe I really needed

to be tackled?
Q: But, you were tackled, correct?
A: Correct and I guess anybody who was ever tackled needed to be
tackled, right?
Q: And when they asked you for your name, you didn't provide a
name to the police officers did you?
A: That I don't remember?
Q: In fact they had to find your wallet to get your ID correct?
A: I don't remember.
Q: And you wouldn't answer their questions when they asked you
questions, Mr. Coughlin.
A: I am not sure about that.
Q: Were you under the influence of alcohol the time of your
arrest.
A: I'm not sure.

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Q: Exhibit 1, page 25 same exhibit page it goes on to say: secondly

1
2

the State Bar of Nevada informed me that another concern regarding

my application arose out of an academic dishonesty investigation that

was completely resolved in my favor in December of 2001, correct?

A: That's correct.

Q: Did you make that statement?

7
8

A: I did make that statement.

Q: Is that statement correct?

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A: Can you tell me where that is again.

11

Ms. Kagan: It's a third paragraph first line.

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A: I believed that that was correct when I wrote that.

14

Q: Yet the investigation actually ended with a formal warning,

15

didn't it.

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A: That's something I'm unclear on.

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Q: Really, let's turn to Exhibit 53, a letter dated November 27 th,

2001. Mr. Zachary Coughlin from Philip Burns, Student Judicial
Affairs Officer and it states: Dear Mr. Coughlin this letter is in
response to our meeting centering around your involvement in an
incident that occurred violating UNLV Student Code V, P and R,
Section V. student responsibilities P assaulting striking threatening or
causing physical harm to another. Okay, so that's the one I'm referring
to.
Mr. Coughlin: Is that P or R or Q?
Ms. Kagan: P.
Mr. Coughlin: Why does it say P and R, and then it says P and Q?

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Q: Mr. Coughlin, under that section, is says number 1: You are to

consider this a formal letter of warning if you're found responsible for

similar violations of the Student Code your status as a student at

UNLV will be reconsidered, correct?

A: Once second, I need to review this: it appears that academic

dishonesty did not occur... spoke with several students remember seeing

you have the paper in class that day. I don't know because from what

I, he's not finding me responsible of anything, so I don't understand it

and then it was my understanding that they were alleging some sort of

10

academic dishonesty. I wasn't sure that they were saying that the

11

threatening occurred in that context I thought they were referring

12

more to the computer thing but I don't know. I mean? I'm sorry, your

13

question? To me, its like saying we're finding that you didn't do

14

anything and if you do that again, then you're in trouble. It's like:

15

what? I don't get it, you know? You didn't do anything but don't do it

16

again?

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Q: Do you agree that the sentence says you are to consider this a
formal letter of warning, Mr. Coughlin?
A: Well, see I don't know what that's referring to. If that's

21

referring to this moving the computer thing or? In which case that's in

22

my application right when I told you about the computer thing in my

23

application, so. Then the confusion is further compounded by the fact

24

that he quotes section 5 up here with the P and Q but above that he says

25

P&R and then-

26

Q: Mr. Coughlin, did you receive this letter.

27

A: I believe I did.

28

Q: And at the bottom of the letter it states-

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Mr. Coughlin: And then it says: though I'm recommending this

case be resolved on an informal basis. So how can it be an informal

formal warning? You know? It's all very confusing.

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Ms. Kagan: Mr. Coughlin, let me finish my question please.

Judge McElroy: Why don't we just proceed by question and
answer.

Q: Though I am recommending this case be resolved on an

informal basis you have 10 working days after receipt of this informal

10

resolution letter to request in writing that your case be submitted to a

11

formal hearing. Did you ever request in writing that your case be

12

submitted to a formal hearing Mr. Coughlin?

13

A: I don't believe so.

14

Q: Did you ever question what was in this letter?

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A: I can't remember. It's possible I might have spoken with the Mr.
Burns about it but that's quite a while ago.
Q: Okay, going back to Exhibit 2, Page 2 down about five sentences

19

it starts with: during the course of the academic investigation and

20

subsequent Nevada bar inquiry several students signed affidavits

21

indicating the they had, in fact, seen me turn in this paper? Was that a

22

true statement when you made it?

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A: I believe so as if you'll notice in Mr. Burns letter of exhibit 53

24

and it says: I've spoken with classmates from the class in question.

25

That is classmates: And they do remember seeing you have the paper

26

in class that day.

27

Ms. Kagan: That wasn't the question Mr. Coughlin.

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A: I'm sorry what was the question?

Q: The question was was the statement that several students

signed affidavits indicating that they had in fact seen me turn the

paper in. Was that true?

A: I'm not sure. I know of at least one student-

6
7

Q: Is that Amy Jones?

A: Yeah.

Q: In fact that's the only affidavit you ever submitted to the

10

Nevada State Bar, correct?

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A: I'm not sure that would be something my attorney who is

handling that matter would know.
Q: So you don't know how many affidavits were actually turned

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in?
A: I remember arranging for several students to have affidavits

17

signed, but I think there was something where a guy named Mike

18

Destefano, was going to sign one but I think there was something where

19

my attorney only felt it was necessary to get one signed.

20

Q: So only one student signed an affidavit, correct.

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A: I'm not sure but I think that's possible.

Q: So the statement that several students signed affidavits, that's
not in fact correct is it?
A: I'm not sure. I know Mr. Burns here references talking to
several students.
Q: He doesn't reference an affidavit though, does he Mr. Coughlin?

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A: He doesn't say whether or not affidavits were involved, and

given the tone of his letter which mentions informality several times, I

think that goes to your earlier question about being formally

disciplined which if this is the informal basis, an informal resolution I

don't know how that really fits in with your contention which I as I

understand it to mean that I somehow didn't alert you to it being some

sort of formal censure, where this is clearly categorizing it is

informally telling you well we didn't find you guilty of the academic

wrongdoing, you know. I guess you can twist it around however you

10

want. And you have shown yourself to be extremely willing to twist

11

things around, so.

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Q: Mr. Coughlin, you didn't provide exhibit 53 to the State Bar of

California did you?
A: I am not sure. I might have, or my attorney might have.
Q: In fact, you didn't provide any evidence of the emails between

17

you and Mr. Professor Tratos that is found in exhibit 5 to the State Bar

18

did you?

19

Mr. Coughlin: Objection, relevance?

20

Judge McElroy: Overruled.

21
22
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24

Q: You didn't provide any letters regarding the UNLV

investigation into either the computer or the academic dishonesty
investigation correct?

25

Mr. Coughlin: I didn't provide any letters?

26

Q: You didn't provide any letters or documents regarding that

27
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investigation into the computer to the State Bar of California, did you?
A: Well in my application I referenced it right?

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Q: But you didn't provide any letters regarding that did you?

Mr. Coughlin: And in Exhibit 1, page 13 under scholastic

discipline I stated I was fined a hundred dollars by UNLV for moving a

computer monitor and keyboard ten feet.

5
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7

Ms. Kagan: Can we take a five-minute break, Your Honor? I still

have a lot.

Judge McElroy: Sure.

Judge McElroy: Back on the record and we will stay until 5.

10
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Q: Mr. Coughlin, what was the basis for the academic dishonesty
investigation.
A: I don't think I'm capable of answering that.

14

Q: Why not?

15

A: That's their place to say what it's for. I would be guessing. I was

16

never given a very thorough outline of what they thought happened or

17

what they took issue with.

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Q: What happened in that case?

Mr. Coughlin: Objection, vagueness.

21

Judge McElroy: Sustained.

22

Q: Did you take a cyber law class taught by Professor Mark Tratos

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in the summer of 2001?

A: Yes.
Q: And as part of that class was there a paper that was due that
was worth forty percent of your grade?

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A: I am not sure, there was conflicting reports over how much it

1
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was worth.

Q: Was there a paper due in that class?

A: Yes.

5
6

Q: And in fact, it was due July 2001.

A: Yes.

Q: And the instructor Professor Tratos gave the instruction that

he wanted the paper to be turned in hard copy as well as a with a disc

10

correct?

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A: I'm not sure about that I've heard conflicting reports on that
very.
Q: You heard conflicting reports whether or not Mr. Professor
Tratos wanted a disk?

16

A: Yes.

17

Q: What was your understanding? That he wanted a disk?

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A: I remember in class that day that prior to the start of class

people were unsure of whether he wanted a disk or not. The very fact
that there was any uncertainty over whether he wanted a disk or not I
think would serve to alert you that it's possible and that you'd probably
be better off submitting the disk but it seemed like a good deal of the
class wasn't sure whether he wanted a disk or not or and if so why he
wanted a disk.

26

Q: Did you understand that he wanted a disk, Mr. Coughlin.

27

A: No, I didn't and the first I heard of it was before, actually I

28

seem to remember him indicating that he wanted a digital copy.

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Whether that means a disk or not is up to debate but I remember him

saying that he wanted to post the papers on the class's website in which

case he would need a digital copy I assume.

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Q: You didn't turn in a digital copy of your paper did you Mr.
Coughlin.
A: No.

Q: You didn't turn in a disc of your paper did you?

A: No, I wrote atop my hard copy that I wasn't turning and disk

10

because I would prefer not to have my work posted on the class's

11

website.

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Q: You didn't put your name on your paper either did you?
A: I put my social security number on my paper because that had
been to practice in every course, it had been blind grading in every
other course I took in law school and this particular course was taught
by and adjunct who had an employee in the class and I somewhat
naively thought well we'll still be having blind grading particularly
where there is an employee in the class and I took care to put my social
security number atop of paper and a note saying I wasn't turning in the
the disk copy because I didn't wish to be put on the classes website.
Q: Before you did that though do you get a permission from your
professor to do so?
A: I don't believe so. I wrote it on top of the paper and turned it in

25

on the podium that he taught at, but in terms of did I get explicit

26

permission not to turn in-

27

Q: A disk or digital format?

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A: Well, I don't know that I understood that that was a directive

in the first place you know.
Q: You stated that you wrote on your paper you're not turning in a
disk, correct?
A: Just in case that was a directive like I said there was some real
confusion among my peers in classes as to whether or not he in fact did
say yeah I want a disk or whether he said I wanted to put it on the class
website, or whether he wanted to put it on his laptop because he was
going to Hawaii and he wanted to grade them on the computer on the
plane.
Q: And the question was did you ask beforehand whether or not
you could be excused from providing a disk?
Mr. Coughlin: Objection, it's a leading question that it is

15

supposing that by saying excusing its supposing that that was a

16

requirement which we haven't established that.

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M. So the objection is a lack of foundation, its not leading, is it?

Mr. Coughlin: okay yeah I guess.

20

Judge McElroy: So what's the question?

21

Q: The question was did he before submitting his paper saying he's

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not going to provide an online format or a disc did he get permission?

Judge McElroy: And your answer I'm going to ask you answer
that question.
A: I didn't know whether or not you need permission to do that.

27

Q: The question was did you get permission?

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Judge McElroy: You can say yes or no and explain.

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A: Okay I didn't get permission and I wasn't aware that one

needed to get permission .
Q: At some point did you find out that Professor Tratos didn't have
a copy of your final paper?
A: No, I never found that out.

Q: Yet he did email you, turn to exhibit 5 page 8, he did email you:

Zach, please send me another copy of your paper many thanks Mark G.

Tratos correct?

10

A: Yeah and I think that's interesting to say another because

11

that implies he got one in the first place which I just don't understand

12

you know? And in fact, this happened with another student because it

13

was another student Jessica Wolfe in this course who he had said

14

something about he doesn't have her paper or he needs another copy of

15

her paper or something. But I always found it curious that he would

16

write I need another copy of your paper.

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Q: Did you provide another copy of your paper Mr. Coughlin?

A: I provided a rough draft of my paper.
Q: Did you ever provide a final draft of the same paper that you
turned in in July 2001?
A: Subsequent to turning in? I don't think I had a copy of it, so no.
I turned it in when it was due.
Q: Why didn't you turn in the final copy? Why did you give him a
copy of the final draft that you turned in in July 2001?

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A: I couldn't find it. I had a computer die, my laptop died in the

meantime and I had also move residences and I just simply wasn't able

to find a copy of the final draft I turned in.

Q: At some point did you come to find out that Professor Tratos

couldn't issue you a grade because he didn't he couldn't review your

final draft.

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A: Did I find out he couldn't give me a final grade because he

didn't review?
Q: That he wasn't gonna issue a final grade because he didn't have
your final draft?

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A: Well he did issue me a final grade, though, I passed that course.

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Q: But you didn't pass until much later. I am talking about as of

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September 2001 did you find out that Professor Tratos could not give

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you a grade in the class because he did not have your final paper?

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A: As of September? No, because I said I have a rough draft of this

do you want it? And he said yeah, turn it in.

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Q: As of September?

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A: I believe so, yeah, because he wrote me like on, the paper was

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due July 15 or so and then he finally wrote me this we need another

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copy of your paper like on September 7th and then I wrote him back

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saying all I have is this rough draft you want me to turn in and he

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writes me back saying yes turn it in and this is right around September

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11th, 2001 so just to give you some context, but anyway so I turned that

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in it's like I don't hear anything from him for awhile and the next

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thing I hear which I believe was in October was we're starting this

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academic fraud investigation. No we're not gonna ask any of these

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students who will say that they saw you turn it in we're not going to

look at that we're just going to start this full-scale academic fraud

investigation which by the way you need to report to any State Bar you

subsequently applied to and that was the next thing I heard from Mr.

Tratos after he'd told me yeah turn in that draft.

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Q: Does exhibit five contain all the emails between yourself and
Professor Tratos regarding the paper?
A: I don't know.

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Q: Well please review it.

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A: Well even if I reviewed I wouldn't know because this is

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something like what is this like six years ago now?

Q: Well let's talk about yeah well on September 7th, 2001 you

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wrote Professor Tratos an email correct, that's exhibit five-page one is

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that your email to Professor Tratos five page one yeah and in that

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email you write that you can't find a copy of the paper because your

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motherboard fried correct?

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A: Yeah and because I moved residences.

Q: And that you only turned in a hard copy with your social
security number on it?
A: With a note requesting that the paper not be used for an online

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posting and a reason being that I was taking the bar exam in a week

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and that my paper had been really up to the quality I would want it to

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be to be posted online.

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Q: And then you ask let me know what I need to do?

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A: Yeah absolutely, you know, I was willing to do whatever to

sort this situation out.
Ms. Kagan: That is on Page 1, Exhibit 5. And Exhibit 5, page 2 is
the email from Professor Tratos to you dated September 7, 2001?
A: That is an email from Mark to me.
Q: And it's it states thank you for your response to the email and

for the kind words we have no papers that were turned in without a

student name on them at least of which we are aware. Perhaps you can

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help us out by providing us with some more clues what was the topic?

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What was the paper's title? What was the total number of pages?

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Where did you do the paper? Do you have an e-copy? Is on your laptop?

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Unfortunately I have no choice but to assign incomplete until we can

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track it down. Mark Tratos. That's what it states

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A: It appears that you just read those words correctly, yes.

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Q: Did you read this email?

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A: Yes.
Q: And what was your understanding of what Professor Tratos
was telling you in this email?
A: I was so confused because originally he goes we need another

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copy of your paper and then now it's like well we didn't ever get that

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paper that we referred to as another copy of which we need so I don't

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understand-

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Q: So, at some point would be fair to say that you understood he

didn't have a copy of your paper to grade?
A: No, I would say that has never been my understanding.

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Q: So you think that as of September 7, 2001, he had your paper?

A: Well, you know, I am not omniscient. I know I turned the paper

in. Whether someone came in, you know, a fairy came in and flew away

with that I don't know but I know I turned the paper in.

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Q: And then you wrote back to Professor Tratos its page 3 exhibit
five September 7, 2001. Is that your email to Professor Tratos?

A: Yeah.

Q: And in it you describe the name of the paper and then you

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request whether or not the paper is worth fifteen percent or you can

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take the class pass fail instead, correct?

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A: Yeah and then because of yeah whatever.

Q: Professor Tratos writes back page 4, Zach thank you for the
quick reply sorry you were misinformed, the paper represents forty
percent of the grade we received everyone else's papers please try to
find it on your laptop.
A: Which is interesting because he asked for Jessica Wolfs paper

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again as well so that would imply to me that he had not received

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everyone's paper. But, then he said he wanted another copy of it so I'm

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confused you know.

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Q: So, would you agree that the paper is worth forty percent of
your grade.
A: I don't know, you know, I'm sure it's worth whatever he wanted

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it to be worth, no matter what he said no matter how confused you

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know the rest of the class was about whether it was worth fifteen or 40

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percent. And there was two people teaching this class to you know they

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were kind of rotating two adjuncts were rotating.

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Q: And then on page 5 of exhibit 5 is that an email from you to

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Professor Tratos of September 10, 2001.

A: Yeah.

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Q: And at this point you were unable to find a copy of the final
paper that you submitted correct?

A: This is a long time ago but yeah I think that's the case.

Q: then you write second paragraph further no digital copy was

to be turned in by me as I had already made clear my wishes that my

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paper not be added to the firm classes website I could think of no other

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reason for a professor to request a digital copy of a paper right? You

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wrote that?

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A: Yeah.

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Q: So did you believe that a digital copy was not necessary to turn
in.
A: Like I mentioned earlier there was confusion amongst my peers

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in the class as to whether or not additional copy was was even being

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required or requested or whether anybody's heard of that to begin with.

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My belief was I'm not sure.

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Q: In your opinion whose fault was it that Professor Tratos didn't

have your final paper?
A: Well I know I turned the paper and you know beyond that it's
not really my place to say whose fault it is you know.
Q: Well, certainly you have an opinion about it?

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A: My opinion is that I don't know whose fault it is. I don't know

that you always have to find fault and everything make everything a

zero-sum game like some people like to do.

Q: When you wrote the sentence of course I suppose it would be

prudent for all students to keep copies of all assignments that are to be

turned in however I would imagine that I would have been able to

present such a copy that I've been asked to sometime sooner than a full

four days after grades were to be posted. So what was the purpose of

that statement?

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A: I don't understand your question.

Q: So, was it your opinion that it was Professor Tratos' fault for
not asking for the paper sooner from you?
A: I don't know that you have to read fault into that statement,
you know?
Judge McElroy: Okay, we are going to recess for the day.

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1. Transcript of 5/9/07:

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Judge McElroy: Today is May 9th, 2007 and we're in the matter of

Zachary Coughlin case number 06-M-13755 we're resuming with what

Ms. Kagan: Your Honor well I would request that we can take

some witnesses out of order. I have witnesses lined up since 9:30 this

morning when we were supposed to start trial and a few of them are

flying in from Las Vegas.

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Judge McElroy: Okay, why don't we take those witnesses first, so

we're going to take things a little out of order.
Ms. Kagan: And, also Your Honor I understand that we're
stopping today at 4pm.

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Judge McElroy: Yes.

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Ms. Kagan: Is it possible to either shorten the lunch or maybe

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work you lunch today since we have such a short amount of time and I

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have many witnesses?

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Judge McElroy: We can work to 1:30.

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Ms. Kagan: Okay, and then.

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Mr. Coughlin: Maybe if you just go with the stuff you have that is

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important and some substance to it not every little thing that you

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found.

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Judge McElroy: Okay, so anyway we'll go to 1:30 and then we'll

take an hour break.
Ms. Kagan: Or, maybe half an hour?
Judge McElroy: Okay.

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Ms. Kagan: thank you Your Honor okay and also one more point

of business. I spoke yesterday about Dr. Tucker. I thought he would be

able to testify tomorrow however he's advised that he is going to be in

the state of Washington tomorrow but would be available to testify by

phone if that's possible or if that's not possible Your Honor if we could

have maybe an hour scheduled at another time for him to testify about

his report.

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Judge McElroy: I think I mean I can do it by phone it will depend

on whether Mr. Coughlin will agree to it.
Mr. Coughlin: Do I have to decide that right now, Your Honor?
Judge McElroy: No, you don't have to decide right now, you can
decide by the end of the day if you would would agree to it.
Mr. Coughlin: For instance, I couldn't have done my deposition by
phone, right?
Judge McElroy: I don't know, I mean it depends on whether
parties stipulate.
Mr. Coughlin: Well, Ms. Kagan would not stipulate, so I drove
down here instead of having to make her drive to Reno for the
deposition.
Judge McElroy: okay well this is a little different because it's the

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issues how much cross-examination do you want to do. You had an

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interview with him for three hours. Have you looked at his report?

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Mr. Coughlin: Yes.

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Judge McElroy: ok do you have questions you want to ask?

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Mr. Coughlin: Yes.

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Judge McElroy: ok and the questions is do you want to do it over

the phone or do you want to see him here? You can think on it.
Mr. Coughlin: Because I'm leaning towards not to go against
anybody's recommendation. Certainly if you think it's better...
Judge McElroy: I am leaving it up to you and it also depends on
when you can come back again. So it's up to you.
Mr. Coughlin: You'd like to do today, though, Susan? We were
talking about Dr. Tucker.
Ms. Kagan: He's available to testify by phone tomorrow morning, I
believe. It would be tomorrow morning.
Mr. Coughlin: What we're talking about whether or not we would

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have him come back in person rather than just do it the way you want

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to do it now. We've kind of been doing everything your way.

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Ms. Kagan: I see. Your Honor, if Mr. Coughlin does not agree to
accept testimony by phone, that's fine. I would request that we have an
extra hour set aside to resume this trial at a later date.

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Judge McElroy: What Mr. Coughlin has to understand is that

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you'd have to come back for that, and I'll leave it up to him, but you

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need to let us know by of late this afternoon.

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Ms. Kagan: Your Honor ,the State Bar calls on Officer Jeff George
to the stand.

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Judge McElroy: Well this is a confidential proceeding. The

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person sitting back there is someone from the State Bar, so I just want

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you to know that, okay?

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Mr. Coughlin: That person?

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Judge McElroy: Yes.

Mr. Coughlin: Can we discuss why they're back there?

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Judge McElroy: Because he's from the State Bar. I presume that
he's watching the proceedings.

Mr. Coughlin: But he's not affiliated with the State Bar Court?

Judge McElroy: No, he's not affiliated with the State Bar court.

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He's from the State Bar's office, the Office of Trial Counsel.
Mr. Coughlin: Okay.
Judge McElroy: So what I'm saying is that he can sit in the
healing.

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Mr. Coughlin: Even though it is confidential?

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Judge McElroy: Yes, because he's from that.

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Mr. Coughlin: Is he working on this case?

Judge McElroy: No, he's not working on this case.

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Mr. Coughlin: Then can I ask why he is here then?

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Judge McElroy: it doesn't matter why he's here he works in the

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State Bar.
Mr. Coughlin: Okay, so anybody who works in the State Bar...
Judge McElroy: Anyone who works in the chief trial counsel's
office can sit in, other witnesses can't or other people from the public,
it's not open to the public.
(The oath was administered to Officer Jeff George.)
By Ms. Kagan:

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Ms. Kagan: Good morning Officer George, can you please state
your current employment.

A: I am currently employed by the State of California,

specifically the California highway patrol and I'm assigned to the

North Sacramento area office.

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Ms. Kagan: How long have you been in that position I've been
employed by highway patrol for 16 and a half years and I've been
assigned to the north Sacramento station for 11 years.

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Ms. Kagan: And as part of your job do you have to make arrests?

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A: I do.

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Ms. Kagan: Have you ever made any arrests for DUI and how

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many arrest for DUI have you made Officer George?

A: I personally made about 3,000 DUI arrests over my career and
assisted in maybe 4,000 additional.
Ms. Kagan: And before you made those arrests, did you have any
training in DUI arrests?

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A: I do.

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Ms. Kagan: what kind of training do you have?

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A: I originally received my training which was 52 hours in DUI

training while in the CHP Academy in 1990.

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Ms. Kagan: do you have any additional training?

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A: I do.

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Ms. Kagan: what is that.

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129/486 Complete Transcript of Trial 06-M-13755

A: I was certified as a drug recognition evaluator in 1988. That

course consisted of 80 hours of classroom and 40 hours of field

certifications where I did hands-on basically, put my classroom my

skills to use and did hands on evaluations of persons that were under

the influence and various types of drugs.

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Ms. Kagan: what exactly were you taught?

A: basically, there's a 13th step process to go through evaluation
process we were taught each of the thirteen steps we were taught what
drugs have what symptoms you know symptomology to look for and
how to administer a given set of tests that check for those various
symptoms.
Ms. Kagan: do you recall arresting Mr. Coughlin, who is the
applicant in this matter, and how do you call that?
A: I do. Originally, when I was subpoenaed by this Court I

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reviewed the arrest report and I remember distinctly making this

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arrest and also when I saw him today I remember him also.

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Ms. Kagan: Can you turn to exhibit 69 pleased that's in the binder
that's in front of you. Do you recognize it at 69?
A: Yes, The first page of the exhibit mark number 69 is the arrest
report commonly referred to as the booking sheet for the Sacramento
County Jail. On the next page would be the probable cause declaration
which is also a Sacramento County Jail form.

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Mr. Coughlin: Your Honor, could I make an objection?

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Judge McElroy: sure it has to be a legal objection.

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Mr. Coughlin: Okay, my objection would be relevancy.

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Specifically pointing to in the application for admission to the State

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Bar it deals with convictions and we're talking about an arrest right

here and as I understand this application, arrest don't even need to be

reported, right? If you had a conviction, you report the conviction and

that's it. And, so I don't understand the relevancy.

Judge McElroy: I am going to overrule the objection because it

goes to what's reported, it goes to the issue of your whether you were

candid.

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Mr. Coughlin: Okay, so reporting something that didn't even need

to be reported does that show candor?

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Judge McElroy: reporting something that didn't need to be

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reported, that shows, that might show candor depends on what you say

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about what you reported which is I'm assuming at this point, it might

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be the State Bar is presenting evidence that what you reported wasn't

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candid.

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Mr. Coughlin: Okay, so would one be better off not reporting this
arrest at all?
Judge McElroy: That is not an objection, so I'm going to overrule
the objection.
Ms. Kagan: sorry Officer George, can you continue to page 3 of
exhibit 16.
A: Page three would be referred to as a CHP 202 which is driving

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under the influence arrest investigation report this is a four-page

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document that was prepared by me on January twenty-third of 2003.

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Ms. Kagan: Was the arrest on January twenty thirty, 2003?

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A: It was.

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Ms. Kagan: Did you prepare exhibit 69 pages one through nine?

A: Yes, there are actually two separate reports, pages one through

four would be the driving under the influence arrest report, then there

is a supplemental report which is a 202 D.R.E, that's a CHP form, it's a

drug recognition evaluation it's a supplemental to the arrest report and

that report is also four pages.

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Ms. Kagan: Did you prepare both of these reports?

A: I did.
Ms. Kagan: okay do you have a chance to review these, well, first
of all Your Honor, I, uh...
Judge McElroy: my understanding just to clear up matters is this

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an arrest that led to the conviction of a reckless, so it is a conviction, so

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that's another reason why your objection would be overruled.

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Mr. Coughlin: I'm sorry I'm not sure I understand Your Honor.
Judge McElroy: It is an arrest that led to a conviction for a dry
reckless. Convictions are your duty, you have to report convictions.
Mr. Coughlin: Right, but does that mean you have to report the

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charges that you were arrested for if those weren't didn't lead to

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conviction.

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Judge McElroy: it doesn't matter it is a conviction at this point,

it's a conviction, so let's just proceed.
Ms. Kagan: Your Honor I request to have exhibit 69 pages one
through nine moved into evidence.
Judge McElroy: Is there any objection?

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Mr. Coughlin: Yes, I would object on preserving an objection on

that the grounds that I don't believe this is something that can be

admitted given the application.

Judge McElroy: What is the legal objection?

Mr. Coughlin: Foundation, relevancy and hearsay, not properly

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authenticated.
Judge McElroy: It is overruled, it's admitted.
Ms. Kagan: Officer, did you have a chance to review this report
before testifying today.

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A: I have.

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Ms. Kagan: And is it your opinion that the statements made in

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your reports are an accurate representation of what happened during

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the arrest of Mr. Coughlin.

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A: They are.

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Ms. Kagan: And, can you describe how the arrest took place?

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A: This arrest basically stems from a traffic stop for a minor

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infraction which was non-use of a safety restraint or seat belt. Mr.

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Coughlin was the sole occupant in a vehicle he was observed while

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stopped at a traffic light at the intersection of Howe Avenue and

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Cottage Way without his seat belt on. I made a traffic stop and

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contacted him, he was identified by a Nevada driver's license while he

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was stopped and during the conversation with Mr. Coughlin and I

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noticed objective symptoms of intoxication and possible drug influence.

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Ms. Kagan: What were those symptoms?

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A: I noticed that his eyes were red and watery. I could smell a

strong odor of freshly burnt marijuana inside his vehicle, when I had

him to step out of his vehicle he was unsteady on his feet. I could smell

the odor of the freshly burnt marijuana about his person, his hair, his

clothing. When I got close to his breath smelled of marijuana his

pupils were dilated for the lighting conditions and slow to react to light

light stimulus and on the totality of all of that based on my training

and experience I felt that I needed to proceed further and investigate.

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Ms. Kagan: And, what happened?

A: He was eventually given some field sobriety tests which he was
unable to perform as demonstrated or explained and he was arrested
for driving under the influence.
Ms. Kagan: What did you believe Mr. Coughlin to be under the
influence of at the time that you made the arrest?
A: My initial suspicion was I cannabis or marijuana. He was

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transported after being arrested down to the Sacramento County Jail

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where a drug recognition evaluation was conducted in a controlled

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environment at the completion of that I confirmed my suspicions that

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he was under the influence of marijuana.

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Ms. Kagan: When you asked Mr. Coughlin to perform those tests,
what tests did you ask him to perform?
A: A Romberg test.

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Ms. Kagan: Can you explain what that is?

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A: basically Mr. Coughlin was asked to stand with feet together

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heels and toes touching his arms down at his side, to tip his head back

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and to estimate thirty seconds. He was not able to do that. Well,

134/486 Complete Transcript of Trial 06-M-13755

initially, he did tip his head back, he did keep his arms down at his

sides. He swayed with a variance of about three inches and during the

30 seconds, slowly, slowly lowered his head instead of keeping his head

back.

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Ms. Kagan: So would you say that he passed that test or failed?
A: They were not really pass or fail. They're designed it to check
for divided attention impairment. I would say that he did not perform
that test sufficiently.
Ms. Kagan: What other tests did you ask Mr. Coughlin to
perform?
A: A standing on one foot test. That test consists of having Mr.

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Coughlin from a position that he was previously in, put his feet

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together, heels and toes touching, and raise one foot approximately six

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inches from the ground, keeping his toe pointed forward, arms down at

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his sides. He was instructed to look at his foot and count aloud from

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1001 to 1030.

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Ms. Kagan: Was he able to perform that?

A: No sufficiently, no.
Ms. Kagan: Okay, were there any other tests that that you asked
him to perform?
A: Yes, he was given a finger count test and that test consists of

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having one hand held up, palm open using the thumb as a pointer

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touching it to the tips of the fingers starting with the pinky and

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counting each finger aloud with thumb to pinky being one, the next

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finger being two, three, four, then an open hand is five, then in a

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reverse order open hand again is five, four, three, two, and one.

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Ms. Kagan: Was he able to perform that test?

A: He did perform the test but not sufficiently. He counted from

one to five in both directions.

tests that he was given?

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Ms. Kagan: Where there any other

A: At that point, no.

Ms. Kagan: An you stated that there is another point where he
was actually taken somewhere and given different testing?

A: Yes, he was taking down to the Sacramento County main jail

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where he was given some additional tests as part of the procedure for

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the drug recognition evaluation.

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Q: Who gave him those tests.

A: I did.

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Q: And, what tests were those?

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Mr. Coughlin: Objection, I don't see in the report where some of

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this is?
Judge McElroy: That is not an objection. What you need to do this
cross-examine if you have problems with it. It is overruled.
Q: Officer, what tests were given at that later time?
A: Again, he was given a Romberg test, he was given a walking

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heel to toe test, a standing on one foot, and a finger to nose test

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performance.

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Q: And, how did he perform those tests according to your opinion.

A: He did not perform them as demonstrated or explained.

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Q: In your opinion, have you made arrests before for driving

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under the influence of marijuana?

A: I have.

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Q: Is there anything specific that you look for with respect to

driving under the influence of marijuana?
A: Marijuana influence there is certain physical indicators. One

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would be the dilated pupils, slow to respond to light stimulus and

increased marijuana influence can result in an increased heart rate

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and increase blood pressure, body temperature could be increased.

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There's a test that we do as part of the eye evaluation, it's called a lack

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of convergence. When one smokes marijuana, you will tend to tend to

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see that lack of convergence meaning that their eyes won't cross, one

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eye will generally kick-out, and that was present in this case. One part

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of the eye evaluation requires that you be taken into a dark room to

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allow his eyes adjust to the darkness and under different stages a light

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would be introduced at different strengths, you know a person who is

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not under the influence, their eyes would react one way. His eyes

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reacted in a way that was consistent with my training experience for

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marijuana influence. If I can backtrack a little bit another thing that

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we check would be we look in someone's mouth and pull the lower lip

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down and look for debris in in their gums or teeth, stick out their

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tongue look for indications of what I would consider recent marijuana

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use and that would be indicated by the green that's in the marijuana

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comes out and stains the tongue when people smoke it, so we checked

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the tongue and in this case his tongue was coated with a great pastry

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film.

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Ms. Kagan: Can you estimate based on your experience whether

Mr. Coughlin had ingested marijuana within the past 24 hours?
A: Again, based on my training and what I've been trained to look

for marijuana impairment is generally up to four hours and beyond

that you wouldn't necessarily see the indicators that he displayed to me.

So, if I had to put a time estimate, I would say for sure within 24 hours

and more than likely within four hours of the time of the arrest.

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Q: In your experience, are you aware of any instances where

somebody would maybe have smoked marijuana in the weeks preceding
an arrest and still shows signs that you were talking about that Mr.
Coughlin exhibited?
A: No. Let's say a daily user for marijuana, again, the signs of

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impairment are only going to last about four hours from the time you

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use, so if you had smoked a week prior he may come back positive for

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THC or marijuana in his chemical tests but he would show no signs of

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impairment.

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Q: And in your opinion was Mr. Coughlin showing signs of

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impairment at the time that you arrested him on January 23 rd, 2003?

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A: Most definitely.
Q: I have no further questions Your Honor.

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Judge McElroy: Cross-examination?

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By Mr. Coughlin:

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Q: Hello Officer George, how are you?

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A: I'm very well thank you, how are you?

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Q: Fine thanks. Officer George like to ask you a few initial

questions. I assume you graduated from high school?
A: I did.
Q: Can you tell me what your GPA was in high school?

Ms. Kagan: Objection, relevancy and beyond the scope of direct.

Judge McElroy: Sustained.

Mr. Coughlin: Your honor I think it goes to...no?

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Judge McElroy: No.

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By Mr. Coughlin:

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Q: All right, did you go to college Officer George?

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A: I attended some college.

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Q: Did you graduate from college?

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A: I did not.

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Q: Can you describe what and how much college, what sort of

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classes you took?

Ms. Kagan: Objection, relevancy.
Mr. Coughlin: He's an expert, right? He is a drug recognition
expert who got out of high school, so...

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Judge McElroy: I'm going to sustain the objection.

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Mr. Coughlin: Okay so we can't go into this experts...

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Judge McElroy: You can go into his expertise. He has been a

highway patrol officer for 16 years he's made three thousand DUI
arrest in his career, go into that. His training, 52 hours as I understand,

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he is certified as a drug recognition evaluator, okay? You can go into

those...

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Mr. Coughlin: But, we can't go into whether he took science

courses or anything like and did some community college?
Judge McElroy: What you need to do is go into his training as a
person who has made three thousand arrests.

By Mr. Coughlin:

Q: Officer George you made three thousand arrests and assisted in

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some four thousand others, where would that fall, where would that

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compare to your peers as someone who has been a highway patrol

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officer for 11 years, you said?

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A: 16.
Q: Okay, where's that fall? Are you are you like a hall-of-fame or
are you like?

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Ms. Kagan: Objection, relevancy.

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Judge McElroy: Sustained, and also your tone needs to be

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different.
Mr. Coughlin: Yes, Your Honor. What if one officer made twenty
thousand arrests and another officer made five hundred?
Judge McElroy: You are not to ask the court questions you're
supposed to proceed as an attorney.

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Mr. Coughlin: I'm arguing my objection.

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Judge McElroy: Okay, and what I'm saying is the objection should

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be a legal objection. Not a speaking objection.

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Mr. Coughlin: Okay and her objection was relevancy and I'm
explaining why it should not be sustained...
Judge McElroy: And I have sustained it, so you need to ask the
next question.
Mr. Coughlin: So I don't get an opportunity to...
Judge McElroy: you need to ask the next question, let's ask the
next question.
By Mr. Coughlin:
Q: okay so is that is that high number of arrests for DUI? Where

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do you compare to your peers?

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this is already ruled on, Your Honor.

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Ms. Kagan: Objection, relevancy and

Judge McElroy: Your question is 3000 arrests, right?

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Mr. Coughlin: Where does that fit in?

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Judge McElroy: I'm going to sustain the objection.

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Mr. Coughlin: Well he's certainly...okay, Your Honor. Officer

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George you certainly went into a lot of detail and got to speak on pretty

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much whatever it is Miss Kagan asked you about so we got a good idea

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of you know your background as it relates to things Ms. Kagan, wants

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us to know.

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Judge McElroy: What's the question?

Q: Well let's go to the arrest. Do you recall pulling me over for
having my seat belt off?
A: I do.
Q: Can you describe that? Were you driving your vehicle?

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A: I might have to refer to the report, but I believe so.

Q: Okay, and was there someone with you?

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A Yes.

Q: And who was that?

A: Officer Amy Escatel.

Q: Okay, but she didn't contribute to this report. What was her

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role that day?

A: Cover.

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Q: Okay, so she was covering?

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A: Correct.

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Q: And, for instance, if her opinions, if they differed from yours,

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would they be included in this report?

A: No, she's not the arresting nor the evaluating officer.

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Q: Okay, so she doesn't get to have an opinion?

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Ms. Kagan: Objection, argumentative and...

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Judge McElroy: I'm going to sustain it on relevancy grounds.

Q: Okay, can you tell me during this arrest, you pulled me over
have my seat belt off, you noticed as you were driving past me at a
stoplight you noticed I have my seat belt off, you might have been
driving and while that time if you were driving you notice somebody
who's at a stoplight, so you turn around and pull me over, do you recall
asking me to take a blood alcohol test?
A: At which point?

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Q: That would be after you pulled me over while we're still on the
side of the road.
A: Again, you're gonna have to narrow it down. At which point?
Q: Any point?
A: Yes, after you were arrested, I explained to you the implied

consent law in the state of California which requires you to submit to

all your blood breath or urine test.

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Q: Prior to being arrested? Shortly after being pulled over.

A: Did I ask you to take....
Q: A blood-blow test?
A: No.

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Q: You didn't?

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A: No.

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Q: You don't recall a conversation that took place between us

regarding that wherein shortly after pulling me over you asked me to
get out of the car and take a blood-alcohol blow test and this was after I
told you how I had had to drink that night?

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Ms. Kagan: Objection, is this a question?

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Mr. Coughlin: I have not even finished my question.

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Judge McElroy: Why don't you ask the question.

Q: My question is why don't you remember this when I have a
memory of having a long conversation about this?

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Ms. Kagan: Objection.

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Judge McElroy: Okay, why don't you ask a proper question?

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Mr. Coughlin: So you never? Why didn't you? You're saying you

pulled someone over on suspicion of DUI and yet you didn't ask them to

take a blow test?

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A: Well, that's actually incorrect. What I pulled you over for was
non-use of seat belt.
Mr. Coughlin: Okay, that was the pretext you pulled me over to go
ahead.
Ms. Kagan: Objection to the word pretext.
Judge McElroy: I'm going to sustain the objection, let's ask a legal
question.
Q: Okay, and he was answering.
Judge McElroy: No. What's your question?

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Q: Well my question that he was answering was why didn't you do

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a field sobriety blow test in the field? And you were going into why you

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pulled me over and what you use that for.

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A: Were you gonna let me answer the original question or was

there gonna be a narrative after that?
Q: Yes, sure, go ahead, Officer George.
A: Okay, so the question was why didn't I have you take a blow
test at the scene?

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Q: Yeah.

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A: Because at no time did I suspect that you were under the

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influence of alcohol and that's what that test would check for.
Q: Okay, do you recall saying to me after I asked you why you
wanted me to take a blow test saying you can do it or you cannot do it

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but if you refuse to take this blow tests I'll just arrest you and then you

have to go to the station and take a urine or a blood?

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A: No.
Q: Do you recall yourself and myself having a discussion about
the legal merits of asking someone to take a blow test when you have no
reason to believe they've had a drink that night?

A: No.

Q: You don't recall that either? It is long conversation.

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Judge McElroy: let him answer the question first.

A: Actually my recollection of the conversation with you was that
you felt that because you were a law student that I could not prove that
you were under the influence of anything and that you had not been
drinking other than one glass of wine approximately four hours prior
to being stopped.
Q: Were we discussing that in the context of you wanting me to
take a blow test?

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A: No, that was...

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Q: Why were we discussing that then?

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Judge McElroy: You're gonna have to let him finish his answers.

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Mr. Coughlin: Okay, I just wanted a yes or no, Your Honor.

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Judge McElroy: I understand that but as yesterday when you

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when you were asked questions and you wanted to explain I always

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allowed you to explain a yes or no answer. He is allowed to explain a

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yes or no answer.

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A: Okay, now I'm confused what was the question?

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Judge McElroy: Why don't you ask the question again?

Q: I asked why whether or not you you asked for a blow test and

then I asked you if you remember the legal kind of discussion we had

about why. I was asking you do you have a right to make me take a

blow test if I haven't demonstrated any signs of intoxication and you

don't smell alcohol and all you have is you pulled me over for a seat

belt and then you got mad that I would challenge your authority.

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Judge McElroy: Why don't you ask him the question, not ask.
What is your question?
Mr. Coughlin: I'm asking him explain why he was just saying

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what he was saying about I didn't have you take one in the field

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because you and I were having a conversation about the the merits of

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doing so in the field and then I explained to you so...

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Judge McElroy: Okay, ask the question. What is the question?

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Q: Okay, did you have me take a blow test in the field?

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A: No.
Q: Did we discuss taking a blow test in the field and did you get
upset once I...

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Ms. Kagan: Objection, compound.

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Judge McElroy: Okay, it is sustained.

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Q: Did you discuss taking a blow test in the field with me?

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A: No.

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Q: Okay, can you explain what you were just describing in

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relation to that, or can we have it read back because he went in to

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describing-

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Judge McElroy: We don't have a read back. You have to remember

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the question you asked.

Mr. Coughlin: Okay.

A: I believe what I stated-

Q: Something about being a law student, I remember that, okay, so

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obviously we're talking, right? We were talking about law stuff and

you were saying: you're a law student you think you can tell me what

I-

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A: No, that's not my recollection of the conversation.

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Mr. Coughlin: I remember you were belligerent towards lawyers

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when we were talking.

Ms. Kagan: Objection, argumentative and there's no question
pending.

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Judge McElroy: Sustained. Let's ask a question, okay?

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Q: Can you tell me why you knew I was in law school?

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A: Because you made it very clear that you wanted me to know

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that, you stated to me that you were in law school.

Q: Do you remember having a discussion were you were saying:
Wow, three years of law school down the drain, huh? No? You don't
remember that? Do you remember us having a discussion about law
school?
A: The discussion we had about law school and my recollection

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was that you told me that you were in law school and that there was no

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way you were going to get a DUI when you had not been drinking and I

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didn't give you a breath test in the field.

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Q: Wait, now we're talking about breath tests?

Judge McElroy: Mr. Coughlin, what is the next question?

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Mr. Coughlin: Now we're talking about breath tests?

Judge McElroy: Mr. Coughlin.

A: And, again, as I stated earlier, this all took place after you had

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been taken into custody.

Q: In the car orA: Yes.

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Q: Or at the station?

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Judge McElroy: Mr. Coughlin, what you need to do is ask

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questions, okay?
Q: Okay. So, in the field, we didn't talk about a breath test in the
field? That never came up?
A: Okay, again, I didn't offer you a breath test in the field because
at no time did I suspect you were under the influence of alcohol and
that is what that test checks for.

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Q: And I didn't refuse to take a breath test in the field?

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A: You weren't offered one. There wasn't anything for you to

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refuse.
Q: Right. Okay. And would that be noted in your report?
A: If you were given a breath test? Yes.
Q: And if I wasn't given a breath test? Wouldn't that be standard
for a DUI to test for a breath test?
A: No.

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Q: It wouldn't be?

A: Are you asking me the same question? Yeah, the answer is still

the same. No.

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Q: Yeah, can you explain that to me? You're arresting someone for
DUI but you don't give them blow test, whatever-you-call-it, a breath
test?

A: I'm not sure that you have a comprehension of how this works.

Mr. Coughlin: I am not sure how anyone could, but go ahead.

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A: That field breath testing referring to is called a preliminary

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alcohol screening device. It's a field sobriety test to further assist me in

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determining whether or not you're under the influence of alcohol.

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Again at no time during my contact with you did I suspect that you

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were under the influence of alcohol. That is why you were not offered

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that test in the field.

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Q: Di you ask me how much you had to drink that night?

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A: I did.

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Q: Why?

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A: Because it's a standard question.

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Q: Like taking a breath test would be standard?

A: Again, that is not a breath test, it's a preliminary alcohol
screening device.
Mr. Coughlin: WhateverA: It's a field sobriety testMr. Coughlin: Let's just say breath test, okay?

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A: That would be an incorrect statement.

Q: Okay.

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A: It's not a breath test.

Q: But you're blowing your breath into it and testing something?

A: It is a field sobriety test to determine, to assist me in

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determiningQ: What would you like me to call it?

A: It's called a preliminary alcohol screening device.

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Q: So, you take a test from a preliminary alcohol screening device?

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A: That is a field sobriety tests to further assist me in

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determining whether or not you're under the influence of alcohol?

Q: Does it give you a reading?
A: It does give a reading.

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Q: Like a .08 or below or under that kind of thing?

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A: We're talking again hypothetically because this doesn't none of

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this applies in your case you were not offered that test because I at no

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time did I suspect you were under the influence of alcohol.

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Q: But at some point I took that test, right?

A: You did as part of the procedure for the drug evaluation, the
part of that procedure is to rule out alcohol as an intoxicant.

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Q: But you wouldn't do that at the scene?

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A: Correct.

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Q: But you did it later?

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A: Correct, because it's one of the process, it's part of the process for

the drug evaluation. I knew that you were going to come back zero. You

were not suspected of being under the influence of alcohol. That's part

of the procedure at that time to take that test.

Q: Did we discuss that in the field?

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A: No.
Q: We didn't discuss that you knew I was going to come back zero

for alcohol?

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A: No.

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Ms. Kagan: Objection, asked and answered.

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Judge McElroy: At this point, no more questions in that area. I

think it's clear he did not arrest you forMr. Coughlin: Your Honor, if I may just explain why I'm going

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into this, because it's my belief that Officer George got upset with me

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for taking issue with his wanting to do a breath test for me when I

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knew that I-

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let's go on to the next question.

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Judge McElroy: You have explored that issue, okay,

Q: You say on the Romberg test that I went: 5, 4, 3, something

like that? 1, 2, 3, 4, 5?
A: No, that would be the finger count test, not the Romberg test.
Q: Okay, you're the expert, right?

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Ms. Kagan: Objection, argumentative.

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Judge McElroy: Sustained.

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Q: Okay on the finger count test, can you describe again how how I
failed that test?

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A: Yes, you counted one through five and then one through five

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again when you're supposed to count five through one.

Q: And did you know that in your report?

A: I did.

Q: Because I don't see that. Can you explain that to me where that

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is?
A: Sure, okay, page three of the arrest for driving under the
influence arrest report line 9 says finger count the subject counted
12345 12345 on all three repetitions.
Q: I'm sorry I'm having trouble finding this is on exhibit 69?
A: Correct?

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Q: Okay, page three?

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A: Page three of the CHP 202 driving under the influence arrest

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report.
Q: Can you go by the bates stamps that are at the bottom? Oh,
okay, I see what you're saying.
Judge McElroy: What is your next question.

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Q: Is that noted elsewhere in your report?

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A: I'm sorry?

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Q: I see that on the psycho-physical test there is a finger to nose.

A: You're looking at a different area of the report. That's under
the drug evaluation.

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Q: Okay, because as I'm reading your report it kind of sounds like,

I'm wondering how I would be able to stand up? Because it sounds like

I failed every single thing you asked me to do.

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Judge McElroy: What you need to do is just ask a question, okay?

Q: Well that's what I'm asking. How could someone who's you
know as you describe me in here possibly even stand up?

A: I'm not sure that-

Q: Able to function somewhat but failed every test you gave them

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type thing?
A: Well, again the tests check for divided attention impairment,

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they are not pass or fail. Divided attention impairment is the ability to

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do more than one thing one simple task.

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Q: But you were giving me a pass or fail, weren't you? You weren't
saying in shades of gray, you were saying he didn't perform it
satisfactory, did not perform as he was supposed. That was your
testimony again and again, it was either a pass/fail, it's not shade of
grey according to you?
A: No, actually my testimony was that you didn't perform them

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sufficiently. That you did not perform them as demonstrated or

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explained.

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Q: Like pass or fail?

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A: Well, again, they are not pass or fail tests.

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Ms. Kagan: Objection, asked and answered.

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Judge McElroy: I'm going to sustain the objection. I think he's

always described it as it was a question of, as I saw it, gray, and you

didn't perform sufficiently.

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Mr. Coughlin: So it's once you don't do it grey, then it becomes pass
or fail?
Judge McElroy: His characterization is not pass fail, his
characterization is not performing sufficiently.
Mr. Coughlin: And if you don't perform sufficiently that's noted?
Judge McElroy: And it was noted, okay, so lets go to the next
question.
Mr. Coughlin: To what degree, though, is it noted? If you fell flat
on your face is that distinguished from swaying two inches?
Judge McElroy: Mr. Coughlin.

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Mr. Coughlin: That's pretty, right?

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A: It would be.

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Judge McElroy: Okay, so what's the next question?

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Mr. Coughlin: Unless this report is just beyond reproach and

everything in it is considered sacrosanct, Your Honor, I don't want to
question that if that's the case, but if its the case that-

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Judge McElroy: I am just asking you to ask the questions.

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Mr. Coughlin: We are able to look at what he's doing here and see

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if he's just an officer who is kind of a rogue prosecutor like in the Duke

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case, or what?

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Ms. Kagan: Objection.

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Judge McElroy: I am asking you to ask a question. Ask a question.

Q: Okay, so you asked me if I had anything to drink that night.

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A: I did.

Q: And you noted it in your report?

A: I did.

Q: And how much then had I had to drink that night?

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A: I believe you told me one glass of wine around 6pm.

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Q: Okay. And have you ever smoked marijuana, Officer George?

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Ms. Kagan: Objection, relevancy.

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Judge McElroy: Sustained.

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Mr. Coughlin: Couldn't that go into whether or not you could tell
if someoneJudge McElroy: You are the one that is on trial here, not the
officer, okay, so you need to ask a question.
Mr. Coughlin: If he is scared to answer that or if he is afraid of
looking like a hypocriteJudge McElroy: I made my ruling on the case, on the question so
let's move on, let's move on. The questions need to be relevant to this
hearing.
Q: At any time throughout the arrest, particularly when first
pulled over, would you say I was argumentative? How would you
describe our interaction on a human level.
A: Similar to your behavior today, I would consider you somewhat
argumentative, passive-aggressive maybe.

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Q: Can you describe that?

A: Like, again, similar to your behavior today.

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Q: I mean in relation to that night and give examples of what you

mean and how you mean?
A: Not really other than your were acting similar to how you're
acting today.
Q: Was it in a situation like where you asked me to take a blow
test and I said why should take a blow test and like that?
Ms. Kagan: Objection, asked and answered.
Judge McElroy: I am going to sustain the objection, it's irrelevant.

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Q: Could you give me some situation?

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A: Sure, like for example when I asked you where were are you

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coming from tonight you said were you coming from.

Q: I did? Is that noted in your report?
A: No.

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Q: But you remember that from how long ago?

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A: I do.

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Q: And you can't remember whether you were driving or not that
night?
Ms. Kagan: Objection that wasn't even a question posed, Your
Honor.
Mr. Coughlin: He did say he couldn't remember whether he was
the one driving or not.

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Judge McElroy: I'm going to sustain the objection, this is totally

irrelevant.
Mr. Coughlin: That's an amazing memory, you can't remember if
you were driving but you can remember something likeJudge McElroy: This line of questioning is totally irrelevant.
Let's go on.
Q: So we're not going to get into whether you- have you ever been
around someone who's smoking marijuana:

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Ms. Kagan: Objection. Relevancy.

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Judge McElroy: Sustained.

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Mr. Coughlin: I don't know how in the hell a guy can get up there
and says an expert on something if he doesn't even have to answer
whether he's ever been around it.

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Judge McElroy: Mr. Coughlin, you need to ask a legal question.

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Q: Have you ever been around someone-

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Judge McElroy: He has made 3,000 arrests, okay?

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Q: Have you ever been around freshly burnt marijuana?

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A: Yes.

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Q: Can you describe that? When was that? A part of the training

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at your DRE class?

A: Yes.
Q: There was freshly burnt marijuana?
A: Yes.

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Q: And was it being burned? How was it being burned? Was

somebody smoking it?
A: No.
Q: How was it, how were they getting, they were just putting a
flame to it?
Judge McElroy: Okay, I am not allowing this line of questioning
anymore it's totally irrelevant.
Mr. Coughlin: Sorry, Your Honor, so is there any question I can
ask that relates toJudge McElroy: The point is you have pled guilty to a reckless, a
dry reckless, so let's move on from there.
Mr. Coughlin: But that's not what Ms. Kagan is bringing this up
for her whole thing is what? She is not trying to to establish that I
pled guilty to a dry reckless. We didn't need to spend all this time and
taxpayer money collecting all this stuff if that was the point because I
admitted that, I reported that.

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Judge McElroy: What is the next question.

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Mr. Coughlin: Why are we even getting into this? And, if if there's

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a reason, then am I allowed to rebut it?

Judge McElroy: I'm not here to answer your questions, you need to
ask questions.
Mr. Coughlin: My questions go into why we're getting into this?
Why are we talking about this arrest and in all this detail?

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Judge McElroy: Do you have a question to ask this officer?

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Mr. Coughlin: Yeah.

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Judge McElroy: Okay, what is the question?

Q: Have you ever smelled freshly burnt marijuana?

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Judge McElroy: That has been asked and answered. Next

question.

Ms. Kagan: Asked and answered.

Q: How do you know you're smelling freshly burnt marijuana?

A: Because it has a different smell then then non burnt

marijuana.

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Q: Is that like a smoky smell?

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A: Again it's hard to describe. Its a clearly recognizable smell.

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Q: Like this standard for obscenity, kind of?

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Ms. Kagan: Objection, relevancy.

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Judge McElroy: I am not allowing any more questions in this area

you need to move on to another area.
Q: Officer George, did we discuss any physical problems that I

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had?
A: I did ask you if you had a physical defect, yes.
Q: And can you tell me what I answered?
A: You had chronic back pain and you were taking prescription
Lortab.
Q: Okay, now generally do you have people with chronic back and

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neck pain stand back and look at the sky and have them count to thirty,

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is that pretty normal for you?

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Ms. Kagan: Objection. Relevancy.

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Judge McElroy: I'm going to overrule the objection.

A: Well, first off, I believe my answer was that you said you had

chronic back pain so I don't think we've established that you had neck

pain also, and yes, that is a standard field sobriety test that is given.

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Q: Would you give that to someone who had one of those halos on
their head like one of those-

Ms. Kagan: Objection. Relevancy.

Judge McElroy: Sustained, next question.

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Q: Would you give someone who had a neck brace on?

Ms. Kagan: Objection. Relevancy.

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Judge McElroy: Sustained.

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Q: Would you give it to someone-

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Judge McElroy: I'm gonna not allow any more questions in this

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this area. I don't think it's relevant. What's the next question?
Q: Do you have some sort of performance incentive for the number
of DUI's you give, is there a quota?

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Ms. Kagan: Objection. Relevancy.

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Judge McElroy: I'm gonna overrule it.

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A: Is the question whether there is a quota or a performance

incentive?
Q: Yeah, like if, let's say you gave one DUI a year compared to a
guy gave 10,000, how would that be seen by your sergeant or whoever is
this your boss?

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A: I can't answer for my sergeant. I believe the question was is

there a quota? No, there is not. They actually let us arrest as many

people as we want to.

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Q: Okay, and some people arrest more?

A: Some people arrest more and some people arrest less.

Q: Do you consider yourself someone who arrests more or less?

Ms. Kagan: Objection. Relevancy.

Judge McElroy: Sustained.

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Q: Are you a high performer?

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Ms. Kagan: Objection. Relevancy.

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Judge McElroy: Sustained, next question.

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Q: Do you give more arrests than your average officer for DUI?

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Ms. Kagan: Objection. Relevancy.

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Judge McElroy: Sustained.

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Mr. Coughlin: How can that not be relevant?

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Judge McElroy: Mr. Coughlin.

Mr. Coughlin: Do you give more or less? What if he's given more
DUI arrest than any other officer in the history of California.
Judge McElroy: I am going to take a brief recess. Can you? We

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are going to take a brief recess at this point and I will talk to you. You

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can step outside, yes.

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Court Personnel: Do you want to go off the record, Your Honor?

Judge McElroy: Yes.

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Court Personnel: Back on the record.

Judge McElroy: Okay, we're back on the record.

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Q: Officer George, can you tell me in your report bate stamp page
8 it says he had an altered sense of time this is on the Romberg and
altered sense of time estimated 30 seconds in 33 seconds. Can you tell
me what would be not qualified as an altered sense of time? Would
that be 30 seconds in 30 seconds.
A: Yes.

Q: So, somebody who who can close their eyes and without the aid

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of any mechanical device or watch, who can just count and know

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exactly how a long second is and hit it within say a tenth of a second

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within 30 seconds is that what would be acceptable or what would fail

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that? I mean, 33-seconds, obviously if you are off by by three.

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Ms. Kagan: Objection. Compound.

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Judge McElroy: Ask a question, don't get into narratives.

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Q: What would fail? Well, strike that, we know 33 failed, right?

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33 out of 30, so what is a passing score, 32 out of 30?

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A: No, again, I'm looking for totality of the situation.

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Q: But we're not talking about that we're talking about this one

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part.
A: No, actually we are.

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Q: I don't want to hear about your totality, okay.

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Ms. Kagan: Objection, allow the witness to answer the question.

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Judge McElroy: Allow the witness to answer the question.

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Mr. Coughlin: I want an answer that is a yes or no, or an answer

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that is tailored to this.

Judge McElroy: I understand that but remember yesterday you

were allowed to explain yes or no answers? So, please what's your

question now?

Q: On this second test here, what is a passing?

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A: Okay, I'm not sure, number one, which-

Q: In a number of seconds as in is 32 passing? Something like

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that.

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A: Okay you're not referring to the second test, which would be the
walk and turn test you're, referring to still the Romberg test?

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Q: Yes.

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A: And you're asking me what would be passing?

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Q: Yes.

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A: They're not pass or fail tests, I can't give you an answer for

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that.
Q: Okay, well what would not qualify as having an altered sense
of time, because that's that's the buzz words you're using in this
particular- I know you use a lot of buzz words, what will work, what
won't work, stuff like that.

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Judge McElroy: Will you just a question, not a narrative?

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Q: What would not be an altered sense of time? If 33 is an altered

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sense, if 33 out of 30.

Judge McElroy: Just ask the question, what would not be an
altered sense of time, that's the question.

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Q: That's the question, Officer George.

A: Well, again, what would not be an altered sense of time would

be 30 seconds, however, that's not what this test is based on. It's not

based solely on the seconds, which is what you seem to be hung up on.

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Q: Well there's not more, there's not much to go on there.

Judge McElroy: What is the next question?

Q: Well I didn't understand his answer, because, okay, obviously

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30.00 is not altered, but in terms ofMs. Kagan: Objection.

Judge McElroy: Mr. Coughlin.
Mr. Coughlin: In terms of looking at human beings what would be

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something where someone would perform this test and you would not

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write: he had an altered sense of timing or I assumed you would write:

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his timing was not altered?

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Ms. Kagan: Objection, asked and answered.

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Judge McElroy: Let's ask a question, no narrative, okay, otherwise

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I'm not going to allow you to cross-examine anymore.

A: I have had cases where the person did not sway and their time
estimation was right on 30 seconds. It's a totality of the circumstances,
again, these are not pass fail tests.
Q: Great, can you be more specific because did anybody can say
these are totality-of-the-circumstancesMs. Kagan: Objection, Your Honor, argumentative andJudge McElroy: Sustained let's go to the next question.

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Q: If I had gotten 31 seconds, what would that have gotten charted

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as?
Ms. Kagan: Objection, relevancy.
Judge McElroy: I am gonna overrule it. You want to ask the 31
seconds.
A: Again, you would, based on the totality if you swayed it would
say the you swayed and how many inches.
Q: We are not talking about swayed, Officer George.
Judge McElroy: Please, do not argue with the witness, his answer
is answer. Move on to the next question.
Mr. Coughlin: Did we even discuss seconds because he just
discussed swayed?
Judge McElroy: Mr. Coughlin, I am going to not allow you to ask

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any more questions if you cannot act like a lawyer and ask the question,

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a proper question.

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Q: If I took 31 and a half seconds can you tell me what would wind
up in your report?
A: Objection, relevancy.
Judge McElroy: I'm going to go ahead and let him ask that
question and that's the last question in this area.
A: Well the report would say the number of seconds that you
estimated 30 seconds in be it 29, 28, 30, 31, 31.
Judge McElroy: What's the next question?
Q: But in this report, he put it into the context of a sentence that
said he had an altered sense of timing estimating blah, blah, blah, so

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you're not just putting numbers in there you're you're putting an

altered sense of timing so what would 31 and a half get me?

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A: It would get you 31 and a half seconds.

Q: With that would you say he had an altered sense of timing
estimating 31 and a half seconds in33 seconds? That's what I'm asking.
A: Okay, again I don't think you have an understanding of how

the test works. Whether or not your time estimation is off, the test

itself checks for divided attention impairment which is standing with

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your head back and estimating 30 seconds. What I'm looking for is

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whether or not you're-

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Q: I am not asking for your description-

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Ms. Kagan: Objection, relevancy-

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Judge McElroy: Let him explain the question.

Mr. Coughlin: He is going to just describing the test in total and
that's not what I'm asking for.
Judge McElroy: I don't want any more questions in this area, you
need to wrap up your cross-examination.
Q: Have you received any commendations as an officer medals,
commendations, awards?
A: Yes.

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Q: Can you describe those?

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A: Well, let's see, I received a master award for shooting I've been

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recognized by Mothers Against Drunk Drivers five times for my

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expertise and taking drug and alcohol impaired drivers off the road.

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Q: That's Mothers Against Drunk Drivers?

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A: Correct.

Q: Is that like Officer of the Year?

A: No, it's actually not Officer of the Year, that would be separate

and I have not received Officer of the Year, if that is what you're asking

me.

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Q: So, what have you received from Mothers Against Drunk

Drivers
A: an award for my efforts in removing alcohol and drug impaired
drivers from the roadway.

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Q: Five times, awarded by MADD, for your work in DUI's?

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A: Correct.

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Q: So, it kind of sounds like you're a superstar DUI cop?

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Ms. Kagan: Objection, argumentative.

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Judge McElroy: Argumentative and it is sustained.

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Q: So, you have been recognized five times by MADD, is that

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typical of officers? Or it that because you you've had a exemplary

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record in giving out DUI's at a great rate?

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Ms. Kagan: Objection, compound.

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Judge McElroy: Sustained.

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Q: Is that typical for an officer to get recognized by MADD five

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times?
A: I don't know if I can answer typical. There are several officers
that have been recognized more and there are several officers that have
been recognized less.

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Q: So, the don't just recognize one a year?

A: No, for example this year there are 10 people from my station

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that are getting an award.

Q: For this particular award or just any award?

A: This particular award.

Q: This Mothers Against Drunk Driving award?

A: Correct.

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Q: And how many people are in your station that are eligible for
the award?

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Ms. Kagan: Objection. Relevancy.

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Judge McElroy: Sustained.

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Q: Would you consider yourself to be someone who is a high-

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performing officer when it comes to giving out DUI's?

Ms. Kagan: Objection, relevancy.

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Judge McElroy: I'm gonna overrule it.

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A: Again, it's a matter of perception. No, I just work hard and do

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the job that they pay me to do.

Judge McElroy: So what's the next question?
Q: Would you say they're giving out the five Mothers Against
Drunk Driving commendations just because you work hard and you are
doing the job they pay you to do?

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Ms. Kagan: Objection, speculation.

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Judge McElroy: Sustained.

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Q: Can you go on about any awards you might have received?

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A: I received five awards for vehicle theft recovery, numerous

written accommodations for anything from rescuing a guy that crashed

over a cliff, to-

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Q: How about we just talk about awards related to DUI's in some

whatever tenuous way?
A: We've already covered that.
Q: Just the MADD, the five MADD recognitions in your 16 years.
Wasn't there something about 11 years?

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Ms. Kagan: Objection.

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Q: You have been an officer for 16 years, what have you been

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something for 11 years?

A: I've been assigned to my current duties location for the last 11
years?

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Q: And that's as a Northern?

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A: I work for the my current assignment in North Sacramento

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CHP Office.

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Q: Now I notice when you say I swayed, and this is on your report

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bates stamp page 8, swayed in all directions approximately two inches

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from center, if someone who is 5 feet tall sways two inches is that

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different from someone who's six-foot-four swaying two inches?

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A: No, two inches is still two inches?

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Q: Oh, is it?

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Ms. Kagan: Objection, argumentative.

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Judge McElroy: Next question, argumentative.

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Q: Because, I don't think it is.

Judge McElroy: Argumentative, next question.

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Q: If someone is 5 feet tall and they sway two inches is the

percentage that they've swayed compared their their overall higher
than it would be for someone who's six-foot-four?

Ms. Kagan: Objection, asked and answered?

Judge McElroy: Sustained.

Q: And if the percentage is higher doesn't that mean they are

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swaying more so for their body height?

Judge McElroy: Sustained, what's the next question?

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Mr. Coughlin: That something might learn in college.

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Judge McElroy: What is the next question?

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Q: How do you differentiate between someone who is seven feet

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tall swaying and someone who is five feet tall swaying?

Ms. Kagan: Objection, relevancy.

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Judge McElroy: Sustained, next question.

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Q: What would be an acceptable distance for someone to sway,

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what would be, someone who is clearly not intoxicated, how would they

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sway?

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A: Again, it's a totality of the circumstances. I mean, ideally, zero,

they would stand at attention.
Q: So we've got 30.00 seconds and swaying zero, its kind of like
very robotic, right? Is that how you would described yourself?
Ms. Kagan: Objection, argumentative.

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Judge McElroy: Sustained.

Q: So, in a circular way you've told me what would be good is to do

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exactly what we are asking you to do, not sway at all.

Ms. Kagan: Objection, argumentative.

Mr. Coughlin: I haven't finished my question, Susan.

Judge McElroy: What is your question?

Q: What would be something other than perfect, what would be

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something that would fit in the range of this person is not getting
arrested for DUI imperfect?
Judge McElroy: I am going to allow one more question in this area
and no more questions in the swaying area
A: Again, it's based on the totality it's not based on just that test
which is why I give more than one.
Q: I'm sorry, Your Honor, he keeps doing that, he keeps going: its
the totality, he doesn't answer my question.
Judge McElroy: He doesn't give you the answer you want, so let's
move on to the next question.
Mr. Coughlin: Well any answer he's ever given has been totality,
totalityJudge McElroy: And that's the way it is, what's the next question?

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Mr. Coughlin: Because, he can't say.

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Judge McElroy: You can't accept it.

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Mr. Coughlin: You can't say because your whole thing is just
baloney.

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Ms. Kagan: Your Honor, I move to strike the rest of this

examination, is it a waste of time.
Judge McElroy: I am going to keep it on the record, okay? Move,
what's the next question?
Mr. Coughlin: So we're not going to get any idea of how much one
can sway?

Judge McElroy: I think I've heard ad nauseum.

Mr. Coughlin: I have heard totality of the circumstances, I haven't

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heard anything about half an inch, an inch, can you at all?

Judge McElroy: Because its totality of the circumstances. What's
the next question?
Q: Can you describe what you mean by walking with floppy feet?

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A: I can give you a brief description that may or may not make

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sense to you. Have you ever seen someone walk with flippers on, like

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they're gonna walk out and go diving?

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Q: Yeah.

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A: Like that.

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Q: But if someone who doesn't have flippers on they could still

walk like that?

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A. Sure.

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Q: Floppy feet?

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Judge McElroy: What's the next question.

Q: Is that kind of a personality type thing, you think? Walking
with floppy feet?

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Ms. Kagan: Objection, relevance.

Judge McElroy: I am going to go ahead and let him answer.

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Q: Like dressing with a baseball cap or wearing a gold chain or

something?

Q: Objection, relevancy.

Judge McElroy: I am going to go ahead and ask this one more

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question.
A: Are you asking me if that's a personality trait?
Q: Yeah.
A: I don't know you well enough to form that opinion, so I couldn't
answer that.
Q: Okay, but it made it in your police report under whether or not
I had been drinking or driving, right?
Ms. Kagan: Objection, misstates what is in the police report.
Judge McElroy: Sustained.
Q: I'm asking him what was in it. She asked me what was in the
police reports over an over yesterday.
Judge McElroy: I sustained the objection. What's the next
question?
Q: So was it that floppy feet are indicative of someone having been
impaired?
Ms. Kagan: Objection. Oh, strike that.

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Judge McElroy: Go ahead.

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A: It can be.

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Q: But it can also not be?

A: Again, it's based on the totality of the circumstances. It can be

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and it could not be.

Mr. Coughlin: Okay.

A: That's not solely what I'm lookin' for.

Q: Okay, well, let's speed this up. Let's boil this down for me what

you are looking for. What's your top 5 hit list of why you think I was

impaired. Let's give us your five best shots.

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A: I can sum it up in one shot.

Q: Not totality-of-the-circumstances. Let's get some real things
that you have to stand behind, Officer George.
Judge McElroy: Okay, Mr. Coughlin, please, behave. The question

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is five indicators of why he felt he was under the influence of

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marijuana that night.

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A: Because based on my training experience.

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Q: Five most important, I'm sorry.

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Judge McElroy: Will you please let him explain it?

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Mr. Coughlin: Yes, Your Honor.

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A: Your physical indicators, the psycho-physical tests.

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Mr. Coughlin: Can we have specific indicators, not broad index of

a book type things.
Ms. Kagan: Objection, allow the witness to answer the question.
Judge McElroy: Mr. Coughlin, Mr. Coughlin, pretty soon I'm
gonna have you leave this courtroom if you don't behave. So, if you

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could give the court what made you think that he was under the

influence of marijuana that night when you arrested him.

A: The physical indicators, which would be red and watery eyes,

dilated pupils that were slow to react to light stimulus, green coating

on the tongue, odor of freshly burnt marijuana about your person and

breath, your performance on the field sobriety tests.

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Q: That's five.
A: That's what you asked for, right?

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Mr. Coughlin: Yeah.

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A: Okay.

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Judge McElroy: Okay, so what's the next question about?

Mr. Coughlin: I want to talk about these, okay, I asked that

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question for a reason. The first one, I believe, was he said my physical

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characteristics?

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A: Physical indicators.

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Mr. Coughlin: Red watery eyes.

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A: That was one.

Q: Can someone have read or watery eyes, say someone who works

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at a law firm as a litigation associate first year he's looking at a

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computer for 10 hours a day, would that give you read or watery eyes:

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Ms. Kagan: objection, relevance.

Judge McElroy: I am going to go ahead and let him go with that
question, go ahead.
A: It could. It can also be an indication of marijuana use.

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Q: Okay but there's a lot, I mean, how many allergies can give you
red or watery eyes?
Judge McElroy: What is the next question.
Q: So, point one, is something that could be a lot of things, right?

Judge McElroy: Okay, so at this point, I am not going to continue?

Mr. Coughlin: One more question, please?

Judge McElroy: One more question that's it.

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Q: Dilated eyes. Does taking back medication, would that dilate

your eyes?

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A: No.

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Q: It doesn't? Opiates don't dilate your eyes? And your are a drug

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recognition expert? Okay, I rest. Great.

Ms. Kagan: Objection, allow the witness to answer the question,
Your Honor.
Mr. Coughlin: Please do, please do, I'd love to hear this.

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A: Actually that's a narcotic which would constrict your eyes.

20

Judge McElroy: Next question.

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Q: Right, so narcotics don't ever dilate your eyes?

A: Soma can dilate your eyes but that's not what you were taking.
You were taking Lortab.

Q: Do you mean by constrict that that would

make the black, the pupil's smaller?

26

A: Correct.

27

Q: Okay so point one was we had red watery eyes, point two was

28

you had dilated eyes.

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Judge McElroy: You don't need to summarize the answer, you need
to ask the next question?
Q: Okay, point three is my question. Can you elucidate what
point three was?
A: Refresh me.

Q: I'm asking you.

Judge McElroy: He doesn't, he needs to be refreshed.

Mr. Coughlin: Well they were his is his arrest report.

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Judge McElroy: I'm not gonna, you're not asking a proper

question at this point.
Q: Okay, so point three, I'm gonna say it was the floppy feet thing,

14

I don't know. I'm gonna say was the floppy feet thing, which could be

15

kinda like a personality thing maybe one of these hip hop people who

16

walk around with the floppy feet and their attitude like that.

17

Ms. Kagan: Objection. Is counsel testifying.

18

Judge McElroy: What's the next question?

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Q: Are all five of these things you said, could they all be described
by things other than intoxication? Could they be caused by things
intoxication?

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A: Well, I'm sure from sittin' where you're sittin', yes.

24

Q: But not from where you are sitting? Red eyes can't be caused

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by allergies? Other drugs can't dilate pupils?

A: Red eyes could be caused by a number of things.
Ms. Kagan: Objection, allow the witness to answer the question.

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Judge McElroy: You are being argumentative, let him explain his
answer.
A: Red eyes can be caused by a lot of things. Again, based on

everything was presented to me those are all indicators based on my

training experience that you had ingested marijuana recently and

we're under the influence.

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Q: So all five of these thingsJudge McElroy: Okay, I am not allowing any more questions in

10

this area, this is, it's over with in terms of this area. So do you have any

11

of redirect?

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Ms. Kagan: No, Your Honor.

13

Mr. Coughlin: Is there a reason why we didn't call Officer Escatel?

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Judge McElroy: No, we don't need an explanation. She can put on

her case as she wishes. Okay, you may step down, thank you.

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Ms. Kagan: I just want to check on my witness.

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Mr. Coughlin: Your Honor, is there a transcript being made?

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Judge McElroy: No, you're gonna have to order a transcript.

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Mr. Coughlin: Okay, but it is being recorded?

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Judge McElroy: You are going to have to order the disk.

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Ms. Kagan: Your Honor, the state calls Mark Tratos.

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(The oath was administered to Mark Tratos.)

By Ms. Kagan:

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Q: Good afternoon Professor Tratos?

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A: You can call me Mark.

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Q: Are you employed?

A: I am.

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Q: Where are you employed?

A: I am the managing shareholder of the Las Vegas office of
Greenburg Traurig, we are a large international law firm.

Q: How long have you been at that position?

A: A couple of years.

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Q: Where did you work before.

A: I had my own firm, Quirk and Tratos, which was an

12

intellectual property and entertainment boutique.

13

Q: And how long did you have that firm?

14

A: About 22 years.

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Q: Are you a licensed lawyer in California?

17

A: California and Nevada.

18

Q: Where do you primarily practice?

19

A: Most of my time is spent in Nevada. I have had a lot of work in

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California over the years but it is small fraction of what I doing.

Q: Do you have a specialty?
A: I do I'm an intellectual property and entertainment lawyer
with a special emphasis on internet law.

25

Q: Have you ever taught any classes in internet law?

26

A: Yes, I've been a regular faculty, adjunct faculty member for

27

UNLV's Boyd School of Law, where I teach cyberlaw, rights of

28

publicity, privacy, defamation law, and entertainment law.

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Q: And how long have you been teaching those courses for UNLV.

A: I believe since the second year that UNLV was open I began

teaching there. I've also taught at Arizona State and I'm on the Boards

of Lewis and Clark Law School in Portland and Southwestern in Los

aAngeles and I am the vice chairman of the board of visitors for the

National Judicial College.

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8
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Q: You said that you had been teaching at UNLV law school since
the second year it opened?

10

A: I believe that's correct.

11

Q: And do you have an approximate date for that?

12

A: Again, I think we are in our seventh year, so six years ago,

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something like that.

Q: At some point, did you teach a cyber law class at UNLV in the
summer 2001 with Mr. Coughlin in your class?

17

A: I believe he was. He was one of my students.

18

Q: And do you recall any contact with Mr. Coughlin regarding

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that course.
A: Yes, he was a bright student in the classroom. I think that we
had a difficulty I think at the end of the class with a missing paper.
Q: I'd like to discuss the missing paper. Can you explain to me
what was the paper, was it an assignment that you gave?
A: It was part of the class grade, it accounted for forty percent of

26

the class grade and it was part of the way that we got people to

27

understand cyber law or internet law by actually having them

28

research in an area and write a paper on an approved topic.

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Q: Do you recall when that paper was due for that class?

A: It was at the end of the semester, I think it was turned in at the

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end of the semester. It was sometime in the July-August time frame.

Q: Were there any requirements for turning in the paper?
A: Yeah, I required that each of the students turn in the paper

both in a written printed form of physical paper and submitted

electronically as well.

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Q: Did you explain to the class why you needed an electronic

form?
Q: Not necessarily, it was cyber law class, so expecting it to be

12

turned in in an electronic form would seem to make sense, but it was

13

also for my convenience so I could read it on my computer.

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Q: Do you know whether or not Mr. Coughlin turned in that paper

at the end of the semester?
A: Mr. Coughlin believed he did. I had no record of it and we had a

18

series of discussions about that fact that I had neither the paper copy

19

nor the electronic copy and I couldn't give him a grade until I had the

20

the copy so I could grade it.

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Q: Did you ever have Mr. Coughlin's paper in your possession that
you know of?
A: Well, I subsequently think September-October I got a six or

24

seven page paper from him which I don't think he represented as being

25

his original paper. I think it was something that he was able to

26

retrieve some time later on. He indicated to me that he had a problem

27

with his computer, his computer crashed or something, and he was

28

unable to retrieve the paper.

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Q: But did you ever have his the final paper that he turned in, not
the draft, in your possession?
A: Not that I am aware of, ever.
Q: When did you realize that you didn't have that paper?
A: I think I realized that I didn't have it when I was grading the

remainder of the papers. I had graded papers, it was not one of the

papers in my paper pile, therefore, I gave him an incomplete. I think

that's how it came up.

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Q: Was there any other papers that you didn't receive from
students in that class?
A: No, that was the only paper I didn't receive.
Q: Professor Tratos, I'd like you to turn to Exhibit Five in the
binder. Do you recognize Exhibit Five?

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A: Well, I recognize my scribbles on the bottom of the page.

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Q: That is your handwriting on Exhibit Five?

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A: Yeah, that is my handwriting.

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Q: What about page one? Is this something you recognize as an

email from Zachary Coughlin?
A: Yeah, I believe this is an email Zach sent me after not actually
having been able to locate his paper.
Q: At Page 8 of the exhibit, do you recognize, page 8?
A: Page 8 of the exhibit just says: Zach, please send me another
copy of your paper?
Q: Yes. And how do you recognize this?

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A: Because I remember doing that, I remember asking for another

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copy of the paper to be sent.

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Q: Is this the first contact that you had with Mr. Coughlin
regarding the paper that you recall?

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A: I don't know if it was the first but it was very early on in it

because he believed he had sent it but we could not locate it so we asked
him to send us another copy.
Q: Is there a reason that you use the word another copy in that

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email?
A: Well, sure he indicated to us he had prepared it. We take our

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student's representations at face value. I had no reason to doubt it, so I

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assumed he had another copy and asked if he could send me another

14

one.

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Q: Now, Professor, at some point did you alert the law school Dean
about Mr. Coughlin's behavior in this, regarding the paper?
Mr. Coughlin: Your Honor, I'm sorry-

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Judge McElroy: What is your legal objection?

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Mr. Coughlin: Could I use the restroom?

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Judge McElroy: Yes.

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Mr. Coughlin: I'm sorry Your Honor I'm having some bladder
problem.
Judge McElroy: I understand. Why don't we take a five-minute
break.
Judge McElroy: The record resuming with this direct of Mr.
Tratos.

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Q: Professor, I believe my last question to you was at some point

did you refer this matter with Mr. Coughlin to the Dean of the law

school?

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A: After some weeks, I did, yes.

Q: And what was the basis for that?

A: I was concerned about the matter escalating. Mr. Coughlin had

indicated he couldn't get the paper back to me because of some injury to

his laptop, so I offered to pay for having his hard. As an internet and

10

computer firm we had access to people who could do those kind of

11

things and so we offered to help him retrieve the paper if that would

12

help. Somehow the communications got a little more agitated, and I

13

thought it was something that probably I needed some guidance from

14

the Dean on as to how I should handle it so I contacted the Dean to try

15

to get a handle on it.

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A: When you just testified about things getting agitated, can you
go into a little more detail about that.
Q: Well, I understood that I had a student that was frustrated

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that he was not getting a grade because I was not giving him a grade,

20

and I appreciated his concern about that, at the same time I needed to

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have the paper so that I can grade it. Because he hadn't sent me an

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electronic version and I didn't have a paper version of the paper I had

23

asked him to send me another copy electronically so that I could at

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least examine it. When he was unable to produce that then it made me

25

concerned as to whether or not the paper had in fact existed and as we,

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you know went back and forth in this exchange of emails I simply

27

reminded him that in the class we requested that he send both with

28

paper and electronic and then I haven't received either, and even if he

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had turned in the paper, when I didn't have the electronic one. And,

therefore we needed it. Essentially, when the hard drive problem

apparently materialized that was a problem with his computer so we

couldn't get it, it put me in an awkward spot of not knowing what to do

for him and that's why I think he got frustrated and I certainly was

frustrated.

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Q: Can you turn to page 9 of the exhibits.

A: Okay.

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Q: Bates stamp page 9 through 15 of Exhibit Five.

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A: Okay, page nine?

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Q: Yes.

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A: Yes, I did.

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Q: And, how did you recognize that?

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A: In September, Zach sent me an email and attached a copy of a

17

document which he thought was a very rough draft, expressed it as a

18

very rough draft of the article that he said he had drafted or written

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and that's what I see in this exhibit and I guess it is page 9, 10, 11, 12, 13

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and going to page 15.

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Q: Did you use that draft that Mr. Coughlin provided to issue a
grade for the paper in the class?
A: I did.
Q: What was your impression of the draft that Mr. Coughlin
turned in.
A: Assuming at face value it was the original early draft, rough
draft and not the final paper it was a good initial draft.

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Q: Was there any language in the draft that you recall that you
found to be out of place for a paper for law school?
A: Well, it was, it had some colorful language in it, on page 14,

let's get pissy over the meaning of revision I thought was probably

not the kind of scholarly-

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Mr. Coughlin: Objection, Your Honor, relevancy.

Judge McElroy: I'm going to allow one or two questions in the
area. So, its overruled.

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Ms. Kagan: You can finish answering the question.

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A: I assumed it was a misguided effort to be humorous.

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Q: I would like you turn to page 21, bate stamp page 21 of the
exhibit, Professor. Do you recognize this page?
A: I don't really recall this, this was apparently something it was

16

actually sent to my assistant Catherine Luce at the time. I don't have a

17

good recollection of this one I do recall he did send me something

18

directly , and maybe it's the next page. Yeah, I recognize the next page.

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Q: Was this something that either you or your assistant

forwarded to the Dean of the law school?
A: I think, yeah.
Q: And, can you explain why this email was forwarded?
A: Zach's communication with me was very inconsistent. It tended

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to be extreme highs extreme lows in terms of the level of emotional

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response.

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Mr. Coughlin: Objection, Your Honor, relevancy.

Judge McElroy: Overruled.

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A: He was very apologetic in some of these correspondence and not

so in others.
Q: How would you describe the content of the emails that Mr.
Coughlin sent to you regarding the situation?
A: They were the most unusual communications.

Mr. Coughlin: Objection, Your Honor, relevancy.

Judge McElroy: Overruled.

A: The were the most unusual communications I received from

10

any law student or any student at any institution that I taught at ever.

11

They were just different.

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Q: Can you describe what you mean by that?

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Mr. Coughlin: Objection, Your Honor, relevancy.

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Judge McElroy: Overruled.

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A: Zach's a very articulate but somewhat erratic and troubling, I

17

mean that that they were just the kind of communication that I don't

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think any professor would be comfortable in getting?

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Q: Did they caused you any concern?

A: Well, they only caused me concern in that he was conducting

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himself in a fashion that I thought was of concern, not that I was

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personally feeling bad or threatened or anything of that nature, just

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that the conduct was unusual.

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Q: Now you testified earlier that you referred this matter to the
Dean of the law school, correct?
A: I asked the Dean how I should handle a missing paper having
never had the situation before. What would I do with this, how would I

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approach it, what should I do in terms of granting a grade, or not

granting a grade, because he expressed in his communication me I was

holding up his graduation and his ability to become a lawyer. And,

obviously that's a very serious matter, it's something that would

concern any faculty member to to think that that was what was

happening and so I went to the people who essentially could give me

directions on how I can best respond, which was the administration.

Q: Are you aware that the administration opened up an academic

dishonesty investigation against Mr. Coughlin related to the emails or

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the class that he attended with you?

A: I am aware, I'm aware that they had already had a file on Mr.
Coughlin and theyMr. Coughlin: Objection, Your Honor, he is not answering the
question. Relevancy.

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Judge McElroy: Overruled.

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Ms. Kagan: I am sorry I didn't hear the rest of your answer.

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A: I was told that they had already begun a file on Mr. Coughlin
on other matters and they would add this to it.
Q: Did you ever advised Mr. Coughlin why you were asking for
another copy of, or a copy of his final draft?
A: Sure, because in most instances that I've experienced in

24

academic life, when we invest a great deal of time, energy, or effort on a

25

paper we keep a copy of it. We keep materials because it's something

26

that might be useful to us later on. So, it was standard practice to, if,

27

even if, you know copy is damaged or somebody spills coffee on it or

28

something and you want to be able to read a nice legible one, it's not

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uncommon to ask for a second copy. In this instance, the course had

required an electronic copy and a paper copy, so asking for an

additional copy, I thought, was fairly customary, and I was somewhat

surprised that he couldn't produce one.

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Judge McElroy: Any questions at this time?

Mr. Coughlin: Sure.

Judge McElroy: Remember to precede by question.

Q: Yes, Your Honor. Mark, can you tell me how did you make this

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request for this digital copy to the class?

A: I believe it was both in the syllabus, class syllabus and orally
to the class.
Q: Okay, because we do have a copy of the class syllabus, don't we?

15

A: I think so, I don't know.

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Mr. Coughlin: Because I didn't seen it in there.

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Ms. Kagan: Objection, vague.

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Judge McElroy: Let's proceed by question.

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Q: Would it surprise you to know that's not in the syllabus?

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A: It wouldn't surprise me because I recall clearly standing in

22

front of the classroom saying let's make sure that you get me an

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electronic version as well so that I can take it with my computer if I go

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on vacation.

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Q: Okay, so when you were making the syllabus, did you know
that you were going on vacation?
A: I don't know that I did or didn't.

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Q: So you maybe didn't put the thing about the digital because you
didn't know your were going on vacation?
A: That is possible, yes.
Q: Okay, but just earlier you said it was in the syllabus?

Ms. Kagan: Objection.

Judge McElroy: Okay, I am going to overrule the objection let him

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explain.
A: I believe it was likely to be in the syllabus. If it's not in the
syllabus, I know I expressed it in class.
Judge McElroy: So, what's the next question?
Q: So, since its not in the syllabus, the only way somebody in the

14

class would know that you wanted this digital copy is that you

15

expressed it in class.

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Ms. Kagan: Objection, speculation.

17

Judge McElroy: I'm going to go ahead and overrule the objection,

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go ahead.
Q: Can you tell us how, did you make this announcement at the
beginning or end of the class? Was it, did you know?
A: Zach, my policy typically is as we're getting ready to get papers

23

turned in, I'm mentioning it several times during each of the class

24

sessions to remind people because it's a fine deadline and I have a

25

limited amount of time to grade, and so it comes up a couple times a

26

week in class.

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Q: What is it?
A: Reminders about the paper come up several times.

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Q: I asked you about the digital copy and when you announced the
digital copies is requirementMs. Kagan: Objection, argumentative.
Judge McElroy: Why don't I overrule the objection and go ahead
and let you answer?
A: As I recall, Zach, it would have been several times during the

semester and as the paper came to the time it was due, I would have

said it repeatedly in the classroom.

10

Q: Said what?

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A: Said, remember your papers are due. Remember I need both a

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hard copy and a digital copy.

Q: That's what I'm just focused on, just on the hard copy, I don't
need to know when you're saying papers were due. Okay, you said
several times throughout the semester you would have said: Class, I
need a digital copy and a hard copy of this paper. You're saying that.
Okay, so at what point in this semester, so several times throughout the
semester, at what point did you schedule your vacation which would
have necessitated this hard copy? Was this earlier on in the semester?

21

Ms. Kagan: Objection, relevancy.

22

Judge McElroy: I am going to go ahead and let him ask this

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question because itsA: Zach, theMr. Coughlin: Yes, Mark.

A: The norm was to have had the paper copy, not the digital copy.
What was unusual here was that I was asking also for the digital copy-

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Mr. Coughlin: So it was unusual, okay.

A: I was asking for both-

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Q: At what point in the semester did you decide you're going on

vacation and thus,

A: I don't recall-

Q: Because that was the whole point, right, as you said, in asking

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for a digital copy, right?

A: That's one of the reasonsQ: Because you couldn't have announced to the class prior to to
knowing you were going to go on vacation. You wouldn't have said,
you know, I might-

14

Judge McElroy: Wait, let's ask a question, no narrative.

15

Q: So, at what point did you decide you were going on vacation?

16

Ms. Kagan: Objection, asked and answered.

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A: Zach, I don't recall when I decided to go on vacation.

Judge McElroy: I am going to go ahead and let him answer. Okay,
what's the next question?
Q: You don't recall when you were going to go on vacation?
A: I don't recall when I decided I was going on vacation. That was
your question.
Q: Do you recall where you were going to vacation?

26

A: I was going to California. San Diego.

27

Q: To California? And did you bring a laptop with student's

28

papers loaded onto it for grading?

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A: I did.

Q: You did. So, it was at some point in the semester that you knew,

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okay I'm going to go to- and how long did you go to California for?
A: I think I was there for five days.

Q: And this would have been around when?

A: Some time in September-October of 2001.

Q: Okay, so class ended in July and you're going to bring your- and

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grades are due on September 5th, right? That means the grades areMs. Kagan: Objection, that is not in evidence.

12

Judge McElroy: Okay, here is-

13

Mr. Coughlin: That can be judicially noticed, Your Honor.

14

Judge McElroy: No, it's not going to be judicially noticed.

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Mr. Coughlin: If there's a long-standing rule that grades are

needing to be due 45 days after class ends.

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Judge McElroy: Judicially noticed is completely different, okay?

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Mr. Coughlin: I didn't go to a top tier law school. I went to UNLV,

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okay?
Judge McElroy: Okay.
Mr. Tratos: Its a top 100 law school.
Judge McElroy: Mr. Coughlin, here's the problem, the State Bar is

25

asserting that you misrepresented the outcome of the academic

26

dishonesty investigation and the evidence supporting that position. At

27

this point it's not really relevant in terms of you know where he spent

28

his vacation and what he spent his vacation, it's whether you

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misrepresented the outcome, so I would suggest that you focus on the

outcome.

Mr. Coughlin: Okay, I'm just trying to understand, Your Honor,

why Mr. Tratos would be loading papers onto a, to grade 5 days after

grades were supposed to be due.

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Judge McElroy: That is not the issue. So, its irrelevant.

Mr. Coughlin: It goes to whether he even knows where anything
is, or if he's 45 days late to grade something.
Judge McElroy: But that is not the issue in this case. It's what

11

you represented to the California State Bar regarding the outcome of

12

all this.

13

Mr. Coughlin: Right, and a central issue in this is whether he

14

announced to the class a digital copy was due. Somehow we made that a

15

central issue, like that is a big deal.

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Judge McElroy: That this is not the issue, okay?

Q: So at some point in the semester, you decided I'm going to- this

19

is the semester that ended July 15-

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Judge McElroy: The point is?

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Q: I'm asking, I want to ask the question-

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Judge McElroy: What is the question?

Q: At some point in the semester that end of July 15, this is got to

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be a couple months beforehand, right? You said, you know what? I'm

26

going to sometime in September-October I'm gonna go to San Diego so I

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need to load these papers on my laptop, so I'm going to announce this to

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the class sometime in like what? Like July, that you might go on a trip

in September?

Ms. Kagan: Objection, relevancy

Judge McElroy: What's the next question?

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Q: I am asking you if that's what happened?

A: Its not, Zach

Q: Okay, please explain to me, Mark.

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A: The class is going on, as the papers get near I remind the class
several times that the papers are due. It's gonna be forty percent of the
grades. I want them in both paper form and in digital form. The
interesting thing here is, the paper form was never turned in, and that's
the point we were trying to make.
Mr. Coughlin: Objection, Your Honor, the paper form was turned

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in.

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Judge McElroy: What is the next question?

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Mr. Coughlin: No, I am sorry, go ahead, finish answering the

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question.
Judge McElroy: Object to someone's answer.

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Mr. Coughlin: Okay, I'll ask the question again.

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Judge McElroy: I don't want to hear that. He was explaining his

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answer. I think you're you really don't understand what the point of

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this hearing is and I think you're not getting it. The point is is that you

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misr- it is alleged that you misrepresented in the application that it

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was completely resolved in your favor. You need to focus on that issue

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as opposed to attacking Professor Tratos. It's not helping your case.

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Mr. Coughlin:Okay.

Judge McElroy: It's clear there was some misunderstanding.

Q: Mark, did you have a student in the class who worked for you?

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A: I probably did.

Q: You don't remember, though? A gentleman named Don who was

a summer associate for you was in the cyber law class?

A: Don Prunty is still working for me.

Q: He is still with you? And was he in that class?

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A: I believe he was.

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Ms. Kagan: Objection, relevancy.

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Judge McElroy: I am going to go ahead and let him explore.

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Q: He got an A in that class, didn't he?

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A: He was one of several people who did.

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Q: There was only a couple people that got an A, right?

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A: I believe there were several.

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Q: How many is several?

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Ms. Kagan: Objection, relevancy.

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Judge McElroy: Sustained.

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Q: His employee was one of a couple people who got an A in this

class.
Judge McElroy: Remember the issues is your misrepresentation
about the outcome.

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Mr. Coughlin: Right, well but this goes this goes to why my name

wasn't on the paper, Your Honor. Why I put my social security number

on the paper because he's got an- one, that is what we did in every class,

it was blind grading, and two, if he has an employee in the class-

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` M. Mr. Coughlin, this is totally irrelevant.

Mr. Coughlin: No, it goes to whether or not this paper was turned
in, Your Honor, and that is relevant.

Judge McElroy: It doesn't make

any difference whether the paper was turned in.

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Mr. Coughlin: It doesn't?

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Judge McElroy: Not in terms of this hearing.

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Mr. Coughlin: What does? So it doesn't matter whether- let's say I

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did turn this paper and let's just let's just go ahead and assume that-

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that doesn't matter? That doesn't? Is that what you are saying?

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Judge McElroy: The outcome of the academic dishonesty

investigation and what you reported as the outcome.
Mr. Coughlin: Okay, so whether or not I did this is irrelevant,
right?

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Judge McElroy: Mr. Coughlin, what's your next question?

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Mr. Coughlin: Because I'm just confused, because we say: well if it

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is the outcome that matters, then why did we go into the arrest? You

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know, because we could have just looked at the outcome and you say:

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okay, we got a dry reckless, you reported it-boom, you're done. But

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instead we spent four hours on the arrest.

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Judge McElroy: You reported-

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Mr. Coughlin: Now, if the outcome is the only thing that matters,
why are we looking at theJudge McElroy: You reported that the investigation was resolved
completely in your favor. That's the alleged misrepresentation.
Mr. Coughlin: Objection, Your Honor, I don't know where- uh,
nevermind.

Judge McElroy: Okay, let's ask the next question.

Q: Mark, did I get a passing score in this class?

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A: I believe you got a D in the the class.

Q: Okay, is that a passing score?

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A: I believe it is a passing score.

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Q: Okay do you know whether or not I'd ever received another D

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from any professor?

Ms. Kagan: Objection, relevancy.
Judge McElroy: Sustained.
Q: So, I passed the course. Would you usually pass people who

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have committed academic dishonesty?

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Ms. Kagan: Objection, relevancy.

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Judge McElroy: Sustained.

Q: Would you pass someone who had committed academic
dishonesty?

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Ms. Kagan: Objection, relevancy.

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A: If, I was aware of it, no.

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Q: If you're aware of it, no you wouldn't. Okay. Why did you pass
me in this course?
A: I'm not the person who sits and judge.
Q: You don't give the grade, the pass/fail grade? Because that's a
new one to me. I thought the professor did give the grade.
Judge McElroy: The question is: why did he pass you? If you will
allow him to answer the question.
Mr. Coughlin: Yes, Your Honor.
A: ZachMr. Coughlin: Yes, Mark.

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A: I took at face value your representations that-

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Mr. Coughlin: And I have some questions about that-

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Mr. Tratos: Go ahead-

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Judge McElroy: Please, don't interrupt.

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A: I took at face value your representations that even though you

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had written your paper on a computer, and even though your computer

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was still available to you, and even though I had offered to pay to have

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the paper retrieved from your computer-

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Q: The one file, not the whole?

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Judge McElroy: Please, do not interrupt, okay?

A: You were unwilling to do that for some reason. I took that at
face value had nothing to do with the fact that the computer itself
might not have contained it. I took at face value you're submitting

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materials to me and I graded the material you submitted to me. I

thought it was highly unlikely to be-

Mr. Coughlin: I am sorry, objection, Your Honor, relevancy. The

question was why did you pass me, right?

an explanation, please, continue with your explanation.

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Judge McElroy: He's giving

A: I took your representations to me at face value. I gave you a

grade in the class. I doubted sincerely your explanation, but I did not
sit as a judge.

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Q: Is that your answer?

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A: I think that's my answer.

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Q: For why you passed me in this course? I did not set as a

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judge? That is your answer?

A: That's my answer.
Q: Is that all one needs to do is not have you sit as a judge to pass
your course?

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Ms. Kagan: Objection, argumentative.

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Judge McElroy: I'm going to sustain it, so, let's move on to the next

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question.
Q: You passed me. So, I pass the course, right? If I would have
been guilty of academic dishonesty could have I passed the course?

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Ms. Kagan: Objection, asked and answered.

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A: I wasn't involved in evaluating whether you were engaged in

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academic dishonesty. I turned that matter over to the law school.

Q: Okay, but you passed me, right? So, if the law school- somebody,
at some point, they wouldn't have passed me if I was guilty, right?

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Ms. Kagan: Objection, speculation.

Mr. Coughlin: Can I ask that to Professor Tratos? I mean, he has

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been a professor for many years.

Judge McElroy: I am going to let you ask that question. One more
question in this area.

Mr. Tratos: Is there a question?

Mr. Coughlin: So, I can't ask that question?

Judge McElroy: Go ahead and ask the question, although the fact

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of it is is that youQ: All right, there's more interesting stuff to get to here. Whether
Mr. Tratos can tell me why I passed or not, we will move on from.
Mark, did you feel threatened by me during this?

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A: Threatened by you?

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Q: Yeah, threatened?

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A: Threatened? Physically? No.

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Q: You didn't feel physically threatened?

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A: No.

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Q: Okay, did you feel threatened in any way?

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A: Certainly.
Q: How so?
A: You have a line in one of the emails, early emails that you sent
to me, which suggested to me that you wereMr. Coughlin: OkayJudge McElroy: Let him finish. You asked it.

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Mr. Coughlin: Yes, Your Honor.

Judge McElroy: You are getting far afield, but it's not helping

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your case.
Mr. Coughlin: Okay, but I promise this is going somewhere.

Judge McElroy: Okay.

A: Which you were suggesting that we were going to have to go

through an entire chain of custody investigation on the physical

papers.

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Q: Similar to what we're doing right now?

A: I don't know.

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Q: So that made you feel threatened?

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A: Why did you have something to hide?

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Ms. Kagan: Objection, argumentative.

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Judge McElroy: Sustained. What is the next question.

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Q: Mark, I noticed earlier today, you said: I was doing this

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because I was concerned, not because I was threatened. You said that

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earlier today.

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Ms. Kagan: Objection, argumentative.

Judge McElroy: What is the question?
Q: My question is why, earlier today, on the stand, did you say you
weren't threatened, and then now you're saying you were threatened,
and then in another email here you said: I just got your threatening
email.
A: I don't think I ever said I just got your threatening email.

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Q: Well, let me go back to your email where you say: I got your
threatening email, Mr. Coughlin.
A: No, read it carefully, sir.
Mr. Coughlin: I will try with my UNLV education, I'll try to read
it carefullyJudge McElroy: Mr. Coughlin, you are only making your case
worse.

Mr. Coughlin: your exhibit is number 5, bates stamp page seven,

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from Mark Tratos: I just received your somewhat threatening email

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and was surprised by its tone and content.

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Judge McElroy: What's the question?

Q: How does that relate to your statement earlier today that I
wasn't threatened?
Judge McElroy: Okay, I will let you ask that question one more
time, let's put it on the record.

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A: I guess-

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Q: Do you remember saying that earlier today?

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Judge McElroy: Will you let him answer?

Mr. Coughlin: I'm just trying to clarify we know what we're
talking about.
A: Zach, yes, and I've made a distinction between being physically

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threatened and being threatened, and there is two different states.

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One is fear or apprehension of physical harm and one is someone is

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accusing you of some kind of misconduct. Different animals altogether.

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Q: So when you accuse someone of some kind of misconduct, are

they supposed to feel threatened?
Ms. Kagan: Objection, speculation.
Judge McElroy: Sustained. What's the next question?
Q: Well, you're describing what makes you feel threatened is

when someone accuses you of some kind of misconduct, right?

A: That is one of the things that can make someone feel

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threatened.
Q: And you accused me of some kind of misconduct, right?
Ms. Kagan: Objection, misstates the testimony.

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Q: And yet, you're the one who's feeling threatened?

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Judge McElroy: Sustained. Sustained.

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Q: Is there a double standard there, Mark?

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Judge McElroy: Let's ask- its sustained, let's ask another question.

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Q: The rules don't really apply to you, right?

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Ms. Kagan: Objection, argumentative.

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Q: You don't need to treat other people as you would want to be

treated, right? Because, you are Mark Tratos, right?
Judge McElroy: Sustained. Sustained.

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A: Zach, I've always tried to treat you courteously.

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Q: Right. Right. Can you tell me, what's the first time you

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communicated to me: I need another copy of your paper or that you

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had lost my paper?

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Ms. Kagan: Objection, misstates the testimony.

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Q: Or that you had thrown my paper away.

Judge McElroy: I'm going to go ahead and let you ask the question.

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Can you tell him the first time, if you can recall.
A: I believe I completed grading everybody's papers, had come to
the conclusion that yours was not in the group, and wrote you an email
asking for another copy of your paper.
Q: Would it be this email, page 8, Exhibit 5, where you say: Zach,
please send me another copy of your paper? This is the first
correspondence after class had ended between yourself and me, right?

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A: I believe that may be it.

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Q: Okay, so send me another- but earlier you said, when Susan

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said: why did you 'say send me another copy of your paper', you said:

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why I had not sat and judged.

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Ms. Kagan: Objection, mischaracterized the testimony.

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Judge McElroy: I am going to sustain the objection.

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Mr. Coughlin: I have somewhere good to go with this.

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Judge McElroy: No. I am going to sustain the objection

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Mr. Coughlin: But, earlier he said: I took him at value. If I

hadn't even represented to you up to this point that I had given it to
you, then why would you say another? Because I had never said I had
given you anything up to this point.
Judge McElroy: I am going to take a recess, at this point, okay,
and I need to talk to the applicant.
Can we take a five-minute break?
Court Personnel: Certainly.

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Judge McElroy: Okay, you could step down.

Mr. Tratos: Thank you.

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Mr. Coughlin: What would you suggest, Judge? Do you have a

recommendation?

Judge McElroy: No, it's totally up to you, but-

Court Personnel: We are back on record.

Judge McElroy: We're back on the record and the court has taken

a five minute break to talk to the applicant regarding issues of how to

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conduct himself in court. When I sustain an objection that means that

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you cannot ask the question again the next time, number one. Number

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two, the issue in this case is not whether in fact there was a paper that

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existed or that the professor had the paper and that's not the issue. The

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issue is your representation to the State Bar about what was the

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outcome of that investigation. You are not helping yourself to argue

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with this professor about the actual paper. You- the State Bar has

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alleged that you said it was completely resolved in your favor- there's

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some information that they're saying it wasn't resolved, that there was

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a formal letter of warning. That's really the issue, not all this other

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arguments that you are getting into. You would do best to let him go,

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frankly, it has nothing to really do with this?

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Mr. Coughlin: If part of this investigation is whether or not this

guy was threatened?

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Judge McElroy: Its not. That was never an issue, you opened it up.

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Mr. Coughlin: In the investigation? About whether or not I

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received a letter of warning about? What was I warned about?

Judge McElroy: You were warned about your behavior.

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Mr. Coughlin: Specifically? Was it about turning a paper in, or

was it about threatening somebody or what was it about?
Judge McElroy: You had characterized what you had received as

resolved completely in your favor. The State Bar present something

that says it was a formal warning letter.

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Mr. Coughlin: I said it was resolved but there was this thing
where I had to pay a hundred dollars, right?
Judge McElroy: This is completely unrelated.
Mr. Coughlin: They are in the same letter. The same exhibit deals
with both incidences, the exhibit where she's sayingJudge McElroy: All I'm trying to tell you is this it is not helpful

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for you to go into the details of whether there was a paper or not, how

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he regarded-

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Mr. Coughlin: Okay, there is just a couple more questions. And I

know. I get where you're going. This stuff is not what's at issue, okay,
so I'm not gonna take a lot more time. A little more time with Mr.
Tratos.
Judge McElroy: Okay, so let's have Mr. Tratos come back in and
conduct yourself properly.
Mr. Coughlin: Your Honor, for the sake of this trial, if we could

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just take a second, if that is the issue, the how I characterized this

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investigation, and their whole evidence consists of this one piece of

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paper where the guy says: this is an informal letter of warning or he

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says: it's a formal letter of warning in an informal letter. Okay, so

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then we really need to focus on that stuff, right? Because that's

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confusing, right?

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Judge McElroy: And that has nothing to do with Mr. Professor

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Tratos?

Mr. Coughlin: But who are they saying I threatened if it wasn't

Mr. Tratos? That's what I don't- if we could just look at exhibit

whatever it is that's his Formal Letter.

Judge McElroy: What exhibit is it?

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Ms. Kagan: I want to stay off the top of my head it is 57.

Judge McElroy: Yeah.

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Ms. Kagan: But, I am not entirely sure.

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Judge McElroy: I think it is 53 or 57.

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Mr. Coughlin: Yep, 53.

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Ms. Kagan: 53, I apologize.

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Judge McElroy: Okay, if you are found responsible for similar

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violations of the Student Code your status as at UNLV will be

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reconsidered.

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Mr. Coughlin: I don't see anything about the academic dishonesty

here? How am I supposed to know what's what? Because here they're
talking about assaulting, striking, or threatening. I thought this was
about and email and a paper?
Ms. Kagan: Your Honor, Mr. Coughlin is not under oath right

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now.
Judge McElroy: You are arguing your case. Right. That is. The

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point is-

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Mr. Coughlin: I'm trying to help this case find out where it needs
to go-

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Judge McElroy: You're not helping it, your widening it.

Mr. Coughlin: I won't. I won't argue my case. But if this paper is-

If the nexus is as you said, if the key inquiries is as you say, how I

reported the resolution of this academic dishonesty investigation, and

this is their star witness in that, and what they're coming with, the

other thing they are coming with his my statements in my application

which say: okay, yeah I had to pay $100 for moving this computer, and

other-

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Judge McElroy: What you have done is made it much broader

than it ever was. Their argument is that you misrepresented, they
showed exhibit 53, that's it.
Mr. Coughlin: Okay, well if you can explain to me what Exhibit

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53 is talking about, maybe I could understand, but I don't know if

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they're talking about Mark Tratos, I don't know who they're talking

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about threatening. I don't know if they're talking about a paper thing,

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or, or what, you know?

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Judge McElroy: All I'm saying is you need-

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Mr. Coughlin: If you can tell me, if I'm acting stupid on purpose,

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tell me.
Judge McElroy: I'm not saying you're acting stupid.
Mr. Coughlin: If you can read this and tell me, great, but I can't

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understand what they're saying, you know, because I don't think they

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really know what they're saying, I don't think-

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Ms. Kagan: Mr. Coughlin is not under oath right now, he is

basically making a closing argument.

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Mr. Coughlin: I am counsel right now, Susan. I am not a witness

right now. I am opposing counsel, and we are talking about this case.
Judge McElroy: Okay, so why don't we call Professor Tratos back

in and proceed with cross-exam. I've told you what the issues are and

you need to confine yourself to the issues and not widen this case.

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Mr. Coughlin: Yes, Your Honor.

Judge McElroy: As I see it that's exactly what you're doing. Okay,
resuming with the cross-examination of Professor Tratos.

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Q: Mark, have you ever lost another student's paper?

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A: No, Zach, I haven't.

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Ms. Kagan: Objection, uh, mischaracterizationJudge McElroy: I'm going to go ahead, it stands. He says he has
hasn't. What's the next question?
Q: Would it surprise you that some of your former associates have
told me that you had lost other people's papers in the past.
A: It would surprise me.
Q: It would surprise you?

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Judge McElroy: Okay, what's the next question? No editorializing.

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Q: So, you're saying there's never been an incident while you were

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teaching either at the law school or as a professor at UNLV's undergrad

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or some other grad program where someone's paper or someone's take

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home test or whatever came up missing. Think hard, Mark, think hard

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because I want you to know.

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Ms. Kagan: Objection, asked and answered.

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Judge McElroy: I'm gonna go ahead and let him ask it one more

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time.

Q: Be sure that nobody who used to work for you knows about this.

Judge McElroy: And no editorializing.

Q: Make sure that never happened because you don't want to

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commit perjury.

Ms. Kagan: Objection, argumentative.

Judge McElroy: The question is, has it happened before?

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A: Zach, I don't recall any paper having turned up missing. I do

recall that someone's take-home exam at some point at an
undergraduate level didn't arrive?

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Q: Didn't arrive?

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A: Right.

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Q: And did the student say: No, I did turn that in?

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Ms. Kagan: Objection, relevancy.

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Judge McElroy: Sustained.

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Q: This has happened before. Okay, so that happened before and

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thenMs. Kagan: Objection, misstates the testimony.

Judge McElroy: Okay, wait. What happened before?
Mr. Coughlin: One of his former associates has told me that he has
lost other people's papers before.
Ms. Kagan: Objection, hearsay.
Judge McElroy: That's hearsay and it's editorializing.

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Mr. Coughlin: But he just admitted to losing a take-home test.

Ms. Kagan: Objection, mischaracterizes the testimony.

Judge McElroy: Okay.

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Mr. Coughlin: That's what you do, right?

Judge McElroy: Okay, what's the question?

Q: So, someone's take home test turned up missing before?

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A: I have a recollection that someone did not have a take-home

test turned in. Not at law school, at an undergraduate class and I
believe it was more than a decade ago.
Q: Did they just die? Or, how did, I mean-

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Ms. Kagan: Objection, relevancy.

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Judge McElroy: Sustained. Sustained. No more questions in this

area.
Q: Can you tell me who Jessica Wolfe is?

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A: I can't.

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Q: Okay, because in your initial-

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Judge McElroy: Okay, he said he can't. So what is the next

question.
Q: This is my next question. In your initial email to UNLV
requesting my email address to talk about this missing paper, you also
ask for Ms. Wolfe's email address to talk about her missing paperMs. Kagan: Objection, um, can counselor point to what he's
referencing?

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Mr. Coughlin: It was in the materials you showed me, and it was

in the materials I had. You cleverly omitted it from what you're

showing the court-

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Judge McElroy: What are you referencing?

Mr. Coughlin: But you saw it too.

Judge McElroy: Mr. Coughlin, ask the next question.

Q: Do you recall not having Jessica Wolfe's paper for this very

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same class?
Ms. Kagan: Objection, the witness has already answered this
question.
Judge McElroy: I am going to go ahead and him ask this question.

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A: I don't.

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Judge McElroy: Okay, so what's the next question? He doesn't

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recall.
Mr. Coughlin: I'd like to take judicial notice that within the file

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for UNLV on this matter there is a paper that says please give me

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Jessica Wolfe and Zach Coughlin's-

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Judge McElroy: I don't take judicial notice. That isn't what

judicial notice is.
Mr. Coughlin: Okay, at some point I can present that to you if
you'd like to see it. You too, Mark, to jog your recollection a little bit.
Judge McElroy: Mr. Coughlin, you need to present your own case.
What is the next question?
Q: So, Mark, were you involved at all in this investigation,
because it-

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Judge McElroy: Okay, just ask were you involved in the

investigation?
A: No, I wasn't.
Judge McElroy: Okay, what is the next question?
Q: Can you tell me does that bother you not to be involved in an
investigation when you brought it?
A: I didn't bring it. I turned over my electronic communications
that I received from you.
Q: That wasn't bringing it, right?
Ms. Kagan: Objection, Your Honor, argumentative.

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A: Correct.

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Judge McElroy: Okay, what is the next question?

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Q: But, they never asked you, well, I mean, in order to investigate

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an academic dishonesty investigation that's in conjunction, at least,

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with your class, wouldn't they need to communicate with you a little

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bit to do a thorough investigation?

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Ms. Kagan: Objection, speculation.

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Judge McElroy: Sustained. What's the next question.

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Q: But they didn't communicate with you at all, right?

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A: Not right.
Q: I don't understand. Did they communicate with you about this
investigation or not?

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A: They asked me to give them all of the materials in my files.

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Judge McElroy: Next question.

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Q: And did you discuss any other communications we had?

A: What other communications we had?

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Q: I don't know. Did we have other communications or were they

all in these emails?
A: I believe the only communications that we had were in fact
either in the emails or subsequently you called me telephonically.

Q: When was that?

A: You called me some months, many months later told me went

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through a 12-step program and apologized for your conduct.

Q: Was many months later? Was it years later?

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A: May have been years later.

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Q: Was it, okay-

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Judge McElroy: So what's the next question?

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Q: So, that call really didn't have much to do with, like, you know,
you couldn't have turned that over to them, and I object to your
characterization of that call because it is inaccurate.

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Judge McElroy: Okay, next question.

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Q: So, just to make sure- so after you turn in these emails which,

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from what I guess you said is that was our only contact was these

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emails, the only thing that could have been threatening, Mark. The

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only thing, right, is these emails? Okay, so they turn those over, you

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turn those over, and after that you didn't have any sort of involvement

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with those who were doing this investigation?

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A: Other than they're the same people that I deal with at the law
school on a relatively regular basis as I teach classes.

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Q: I mean any involvement, any communications in conjunction

with this investigation that had anything remotely to do with this

investigation?

A: I am certain that at the time that I turned over the emails,

when I physically gave them the emails, I had a communication with

him at that time.

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Q: And the the substance of that communication was?

A: Here are the emails and this is what happened.

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Q: Okay, do you know what the results of that investigation were?

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A: I don't.

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Q: Okay, can you turn to Exhibit 53, please? But, at that timeJudge McElroy: Wait. Let him look at Exhibit 53, and no
editorializing just a question.

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A: All right.

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Q: Okay, can you tell me what the final resolution was of this

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matter?
Ms. Kagan: Objection, speculation.

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Q: This academic dishonesty investigation?

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Judge McElroy: I am going to go ahead and let him answer the

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question if he knows.
A: I don't know. This document, I have never seen before.
Q: Can you describe to me what it says?

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Ms. Kagan: Objection, relevancy.

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Judge McElroy: I am going to overrule it.

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A: It appears that you were put on a formal notice of warning and

that if you were found responsible for similar violation of the student

code that you would have your status reevaluated.

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Q: Okay, can you tell me the phrase that says: it appears that
academic dishonesty did not occur. It says that, doesn't it?
A: Where are you looking, sir.

Q: I'm in the first paragraph under this code section, student

responsibilities, fourth line down: in addition it appears that academic

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dishonesty did not occur

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A: I see that.

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Q: Okay, so it says that. So what was I put on warning of?

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Ms. Kagan: Objection, relevancy and personal knowledge.

Judge McElroy: I'm gonna go ahead and let him answer the
question.
A: I believe the issue was one of whether or not your conduct was

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appropriate as we, you and I, communicated regarding the paper, and I

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think what was disturbing to me was, what I'd raised the attention of

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the University about, and that was that your conduct seemed to be

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rather unusual in the way you handled yourself with respect to the

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paper.

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Q: Like being a communist or something?

Ms. Kagan: Objection, argumentative.
Judge McElroy: Sustained.

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Q: Like, we don't like your conduct so we are going to start an

academic dishonesty investigation We don't like your conduct, so we

are going to say academic dishonesty. Is that what happened, Mark.

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Judge McElroy: Sustained, let's ask the next question.

Q: Was this about academic dishonesty or was this about conduct?

A: I didn't bring the investigation.

Q: But you played some role in it, right?

A: I turned over my emails.

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Q: You turned over the emails one man sent you?

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A: That's correct.

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Q: One man turned over some emails another man sent him.

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A: That's correct.

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Q: Okay, so and then that brought forth an investigation that,

like, six years later, we're still rehashing, right, Mark?

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Ms. Kagan: Objection.

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Q: But you didn't have anything to do with that, right?

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Judge McElroy: Its sustained.

Q: Okay, so you don't know this, this investigation that you didn't
bring, you were just kind of in the periphery, you don't know how it was
resolved, you don't know what it was about, whether it was about
academic dishonesty or whether it was about someone's conduct not
being how you like it.
Ms. Kagan: Objection, Your Honor, mischaracterizes the
testimony.

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Judge McElroy: Its editorializing.

Q: If I had gold teeth and corn rolls would you report my conduct

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as well?
Ms. Kagan: Objection, argumentative.

Judge McElroy: Its sustained.

Q: Would you?

Judge McElroy: Okay, I'm going to stop this at this point, if you

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can't ask a proper question, I'm not going to allow you to cross-examine
anymore, so.
Q: What am I being warned about?

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A: I did not write this letter.

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Q: Formal Letter of Warning? I suggest if you're going to be

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involved in things of this manner, you should take a little bit more

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interest in them.

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Ms. Kagan: Objection, argumentative.

Judge McElroy: Okay. He did not write the letter.

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Mr. Coughlin: Seems kind of reckless.

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Judge McElroy: What's the next question?

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Q: So, did did you feel assaulted or threatened?

Ms. Kagan: Objection, asked and answered.
Judge McElroy: Asked and answered and sustained. He did not

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write this letter, okay, no more questions on this letter, he didn't write

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it. You need to cross-examine the witness that wrote the letter.

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Q: Okay, so, no academic dishonesty occurred in this in this

matter, is that correct? Is that what the final ruling was, Mr. Tratos?

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Ms. Kagan: Objection.

Judge McElroy: Okay, I'm gonna go ahead and let him answer this
question.

A: That you pointed out to me, sir.

Q: That's correct? No academic disho- and so when I reported to

the State Bar that the academic dishonesty investigation was resolved

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with a finding of no academic dishonesty, which is what I reported, that

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was true, right?

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Ms. Kagan: Objection, speculation, it is beyond this witnesses

personal knowledge.
Judge McElroy: Sustained, it is beyond his knowledge, what's the
next question?
Q: Mr. Tratos, the day papers were turned in, where were they
turned in?
A: They were turned in class, as people left class they came down
and turned in the papers.
Q: In a box?
A: Not in a box, on a desk.

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Q: On the podium you spoke from?

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Ms. Kagan: Objection, Your Honor, relevancy.

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A: I didn't speak from a podium

Q: Okay, where did you speak from?

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Judge McElroy: I am going to overrule.

A: I always speak from the middle of the classroom. I use the same

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classroom most semesters.

Q: Was there a lectern?

A: There is a lectern, but I always speak in front of lectern.

Q: Okay, so the papers were turned in on a desk, right?

A: Correct.

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Q: And who collected these papers?

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A: I did.

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Q: Not the student of yours who was in the class?

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A: No.

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Q: And he didn't grade them for you either?

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A: No.

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Q: Okay. I'm talking about the one whose grades are mentioned on

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your website about how good he did in class.

Ms. Kagan: Objection, referring toA: There is no student that says what grades they got-

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Q: Summa cum whatever?

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Judge McElroy: Sustained, and the answer is stricken as well as

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the question.
Q: So, these papers were all turned in and you collected yourself
and you put them in your car?
Ms. Kagan: Objection.

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A: That's correct.

Judge McElroy: Okay I'm going to allow it.

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Q: Do you recall receiving a paper that had handwriting atop of

it?

A: Zach, I've received many papers with handwriting on top-

Q: That is not what I am asking, Mark.

A: For that class? No.

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Q: For that class, you recall specifically that none of the papers in
that pile had handwriting on top of them?

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A: I don't recall.

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Judge McElroy: What's the next question?

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Q: Do you recall getting a paper that had a note written on the

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paper that said I'm not turning this paper in in a digital copy because I

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don't want this paper posted on the class's website as you indicated you

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planned to do for your firm's website, to bolster it with student's papers

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from the class. Do you recall that?

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A: I don't.
Q: Do you recall telling the class that you're going to post their
papers on your firm's website?
A: I don't recall telling anybody that. I do recall that I said if

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there were good papers we may do that, but I don't ever make a

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representation that we're going to do something specifically without

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ever having read the papers.

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Judge McElroy: What's the next question?

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Q: Okay, so and you didn't have us- did you have a class website for
this class?
A: There was a class website.
Q: And would papers be posted on that?

A: There were no papers posted on that web site.

Q: Okay, but did you tell the class that they would be?

A: No, I didn't.

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Q: But you said it's possible?

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A: Of course, that may have been possible.

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Q: Without their permission you would post them?

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A: No, Zach, not without their permission.

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Q: You remember me asking that in class?

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A: No I don't.

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Q: Okay, so you'd have to get their permission before posting

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them?
A: That would be common courtesy.
Q: Just common courtesy?

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A: That's correct.

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Q: You could do it if you wanted to?

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A: Zach, is there a point to your question here?

Mr. Coughlin: I'm asking the questions, you just answer them,
okay?
Mr. Tratos: You certainly are.

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Q: Yeah. So, it's just common courtesy you could take a student's

work product and post it on your firm's website if you wanted to,

without asking them?

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A: No, I don't believe that's case.

Q: But you said before it's just common courtesy whether or not
you did it?

A: On the class website.

Q: On the class website? So, on the class website, you can do it?

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You could post it on the worldwide web, student's papers without

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asking them?

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Ms. Kagan: Objection, relevancy.

Judge McElroy: Sustained. Next question, no more questions in
this area.
Q: Do you recall getting a paper the day papers were turned in

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with a note atop of it that said I'm writing my social security number

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on here rather than my name because that has been the practice in all

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my law school courses was to have blind grading.

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A: Zach, I don't remember that.

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Q: You don't remember getting a paper like that?

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A: No, I don't.
Q: Was there blind grading in this course?
A: Yes, there was.
Q: Why would you say that if people's names were written atop
their paper?

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Ms. Kagan: Objection, relevancy.

Judge McElroy: I am going to go ahead and let him explore this

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one more question.

A: People could turn in their papers either with their name on it
or with a social security number on it, or with a student ID number on
it. The paper gets graded, all of those grades then get turned into the
law school, the law schoolQ: So, a student could turn it in-

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Judge McElroy: Let him continue.

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Mr. Coughlin: Okay I'm just asking if there is blind grading and

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he's telling me about whatJudge McElroy: He can give an explanation.

Q: So, if a student can put their name on it, then its not blind- if a

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student worked for you put his name on it, if he could then it's not blind

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grading.

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A: But, you're making a fundamental mistake and the

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fundamental mistake was the exams were part of the grade sixty

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percent. Forty percent was a paper. I don't know who gets what in

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terms of the exam grades and all I can do is essentially say on this

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particular portion of the class that I graded, I don't grade the exams

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exams are typically graded at the law school level if they are multiple

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choice and if they're an essay then I grade those, but there's never a

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name on them, so I could never-

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Q: It's always blind grading, right?

A: Pardon?

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Q: It is always blind grading?

A: Always.

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Q: Except for your papers in the class with your student who is
your employee.

A: Absolutely not.

Q: Then the paper's can have people's names on if they want?

A: Absolutely not.

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Q: Right? Well, okay, explain to me because that sounds exactly

like what you've been saying.

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Ms. Kagan: Objection, Your Honor.

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Judge McElroy: Sustained. It's irrelevant, it's totally irrelevant.

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We're getting far field.

Mr. Coughlin: It shows Mr. Tratos is flip flopping on what he's
saying.
Judge McElroy: It's irrelevant.
Q: Do you have any knowledge about this paper that I turned in?

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I'm talking about the hard copy the day it was turned in in class. Did

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you hear anything from any of your employees or anybody in the world

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that, whoa, you know anything? Maybe we found that paper behind a

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file cabinet or remember that time you-

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Judge McElroy: That's the question, have you heard?

A: No.
Q: And you are swearing that under oath?
A: Yes.

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Q: Okay, before when you were describing that you turned in

these emails, the sole substance of our communications and this is to

somebody to start an academic dishonesty investigation, right?

A: Zach, I didn't know they were going to start an academic

investigation. I didn't think the emails were appropriate conduct from

a student who should have maintained a copy of this paper who should

have essentially kept a copy, and when I offered to retrieve the

electronic file from his destroyed hard drive and offered to pay for it

instead of doing that, treated me very unprofessionally-

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Mr. Coughlin: Objection, Your Honor, relevancy. If he wants to go

into this stuff about offering to do something which he later withdrew
the offer-

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Judge McElroy: Mr. Coughlin, you know what? I am stopping the

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cross-examination, period. You are it's over with in terms of Mr. Tratos,

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because we're not getting anywhere and you don't seem to know how to

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ask a proper question or a relevant question.

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Mr. Coughlin: I have somewhere to go with this I assure you. Have

I not brought up some interesting points.
Judge McElroy: No. None whatsoever. So, I will go ahead and

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allow you one or two more questions and then we need to wrap this up,

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okay?

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Q: You graded the papers?

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A: I did.

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Q: Did anyone else have access to the papers?

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A:No.

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Q: No one else read or helps you grade them?

A: No.

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Q: Okay, do you still have those papers or where they turned back
to students?

A: I don't know if they were turned back to students.

Q: Would it surprise you if I was told nobody got their papers

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back?
A: That wouldn't surprise me?
Q: Okay, so that's common, that happens?

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A: Fairly common, happens at a lot of institutions.

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Q: And when you turn these over, you indicated that you had no

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discussions about the investigation that was to take place, but you had

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problems with my conduct and from that we got an academic

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dishonesty investigation.

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A: I think the academic honesty investigation really grew out of

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the unusual circumstances of asking for the electronic copy of your

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paper, you asserting that your hard drive was destroyed, me offering to-

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Q: Can you show us, show us in the testimony in the statements

where-

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Judge McElroy: Hold on, let him finish-

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Mr. Coughlin: He wants to go into-

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Judge McElroy: If you interrupt anymore, I am not going to allow

you to ask any more questions okay so be warned.

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Mr. Coughlin: He is not answering any questions either so I don't

really see what the point of asking them is.
Judge McElroy: He is not giving you the answer you want which
is different, okay, so you can continue with your answer.
A: Assuming that you wrote the paper as you represented you did
and that he had written it on the hard drive as you represented you did,
I offered to retrieve it for you. You objected to that because you didn't
want other files to be accessed on your hard drive. I was at an impasse,
there's nothing I can do at that point. At that point in time when I've
made every effort to try to help you get a grade in the class to get you
graduated but you refuse to give me the opportunity to even help you
do that I had no alternative but to turn it over to the academic
administration and say tell me what to do. Okay, tell me what to do.
Q: Do you recall having a discussion about you would only pay for
to have that one particular file retrieved?

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A: I recall there was communication between you and I about

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whether or not you could have me construct your entire hard drive, and

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I suggested to you that was not really what was appropriate.

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Q: Do you recall my saying that all the companiesJudge McElroy: Wait, will you let him finish the question, okay?
I am warning you.
A: What was appropriate was for me to help you retrieve this
paper which is the subject.
Q: The one file, right? That you would pay for the one file to be

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retrieved. Do you know of any companies that will retrieve only one

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file from a hard drive?

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Ms. Kagan: Objection, relevancy.

Judge McElroy: Okay, I'm gonna allow you to ask, answer that

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question I'm going to allow that question.

A: We work with a number of companies, I'm sure we I'm sure we
could have found somebody-

Q: You're sure it can be done?

A: I'm sure that we could find people who would give us a

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reasonable price to retrieve a single file off of the hard drive.

Q: Okay, are you aware that all the companies I contacted said
that couldn't be done?
Ms. Kagan: Objection, speculation.

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Q: Do you recall me saying that to you?

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A: I don't.

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Judge McElroy: Sustained.

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Q: Are you aware of how much it cost to have a hard drive

reconstruction?

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Ms. Kagan: objection relevancy.

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A: depends on how much damage there is.

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Judge McElroy: I am going to go ahead and overrule it. Answer it.

A: depends on how much damage there was and I don't know about
what the damage was.

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Q: Okay, give me an estimate?

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Ms. Kagan: Objection.

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Judge McElroy: Sustained, and let's no more questions in this

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area. Okay, are you finished?

Mr. Coughlin: No, I am not. Not at all.

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Judge McElroy: Okay, well I'm giving you another 10 minutes and
then we're finished with the cross-examination of Mr. Tratos, or
Professor Tratos. 10 minutes.

Q: Did I ever say no you cannot just retrieve this one file.

A: I don't recall whether you said that in an email or not. We had

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email exchanges about it I don't recall what they were.

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Q: So, you can't say that I flat-out refused to have just that one file
retrieved?

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A: As I recalled when I made the offer to you instead of accepting

the offer and helping me help you get the job done, we had ongoing
difficulties.
Q: I'll draw your attention to the exhibits where I, in fact, accept

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his offerJudge McElroy: Give us the exhibit, and the page, and ask him if

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it refreshes his memory.

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Q: I will direct your attention to exhibit 5, page 21, last

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paragraph,: further, OnTrack has informed me that they do not

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retrieve individual files but would rather only do the entire retrieval

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in bulk.

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Ms. Kagan: Your Honor, I request to have the entire paragraph

read.
Judge McElroy: And that would be I have already informed you.

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Ms. Kagan: Yes.

Judge McElroy: Okay, well, what I will do is why don't you ask a

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question?
Q: Okay, page 19.

Judge McElroy: Wait, in terms of page 21, what's the question?

Q: Your Honor I am sorry I meant to go with page 19.

Judge McElroy: Okay, so we're going to strike everything in terms

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of page 21.
Mr. Coughlin: No, that's fine, that's a relevant thing about they
will only retrieve in bulk, but that wasn't-

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Judge McElroy: But, what was the question?

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Q: Okay, my question relates to page 19 and it relates to the same

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retrieval aspect where it says in this email that you got it says in

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conclusion all have OnTrack go ahead and send you a bill and I will

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fax over a contract for you to sign though I do not believe is legally

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necessary to have you retrieve this data. I clearly accept your offer for

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you to retrieve this.

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Judge McElroy: What is the question?

Q: Do you understand that this is an acceptance of your offer to
have my hard drive rebuilt, retrieved whatever. Page 19. Because he
sat here today saying I refused to do that, but yet, here it is.

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Judge McElroy: Okay, let him answer the question.

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A: No, because-

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Q: Are you reviewing Exhibit Five, Page 19?

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A: Yes.

Judge McElroy: Okay and let him answer and please do not

interrupt him. If you interrupt him, I am not allowing you any more

questions, okay?

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Mr. Coughlin: Yes, Your Honor.

A: Specifically you wanted to use who you wanted to use to

retrieve the material setting the price they wanted to use that's not

what my offer was. My offer was I was going to help you since we were

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an internet law firm, we had a-

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Q: Can you refer to that your offer because-

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Judge McElroy: No more questions, its over with.

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Mr. Coughlin: I'm just asking him to refer to where they are in the
emails.

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Judge McElroy: Its over with.

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Mr. Coughlin: Because, its all in the emails, right? So he should be

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able to point to it and not paraphrase it, that's the beauty of email,

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Mark.

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Judge McElroy: Okay, finish with explaining it. You know, I

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have been more than patient. I'm telling you this is just a warning. If

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you interrupt one more time, I am cutting off this cross-examination.

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It's a warning, so you better not do it because I mean it this time.

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Mr. Coughlin: All right, Your Honor.

A: Zach, your email goes on for several lengthy lines and you'll

27

notice that the end of that paragraph, which is a long run on

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paragraph, you're talking about things that you believe are legally

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necessary as personal service contracts not less than five thousand

dollars. What you had turned a simple effort on my part to help you get

your grade by getting a paper into me you turn it into some kind of

mental contest about whether or not you should have something

reconstructed. I don't know, to this day, Zach, I don't know what was

the problem with your hard drive or if you ever had a problem with

your hard drive. Honestly, I don't know. But it's a very unusual for a

student rather than help his professor try to get him the grade that he's

looking for so he can graduate it's very unusual for you to act this way.

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And, later on, Zach, you did call me and you did apologize to me and in

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fact apologize later on and in various communications and you told me

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that you are in a 12-step program and part of your obligation was to

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call me and apologize and I accepted and I thought we were back on

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even, absolutely even footing and your conduct today suggests to the

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contrary.

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Judge McElroy: What's the next question?

Q: I'm sorry, so you admit that I go ahead and say okay you can go
ahead and and retrieve this file?
A: No, you said you were going to give it to someone you wanted to
give it to, not what I had offered.
Q: Okay, does it say anywhere in here that I'm refusing to let you
do it your way?
A: It doesn't say that it said you were gonna do it with OnTrack.
Q: Okay, but, did you ever write back to say, no, no we do it my
way around here.
A: I don't recall I would ever write something like that.

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Q: Okay, but did you ever write back to say, fine let's do this, but

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let's do it this way? Or, no you didn't?

Ms. Kagan: Objection, relevancy, Your Honor.

Q: Did you ever follow up on that?

Judge McElroy: I'm gonna go ahead and allow one more question

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in this area.
A: I'm not sure exact but I think you already had a grade by this

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time. I think you had already sent me your paper and I had already
given it a grade and this is coming after the fact.

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Mr. Coughlin: Well actually a grade wasn't issued until December

2nd.
Mr. Tratos: Okay.
Mr. Coughlin: This is like October 10 th, so at that point, no, this is,

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this is shortly after you've-by way of refreshing your memory of the

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chronology, class ends July 15, you write me July 7 th, you write the

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school asking for mine and Jessica's emails-

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Ms. Kagan: Objection, counselor is testifying for the witness?

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Mr. Coughlin: No, I am just bringing up some dates because he

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clearly doesn't know the dates.

Judge McElroy: What is the question.
Q: You never followed up on that? Because I'm establishing that
grades were still out, he's still doing thisJudge McElroy: So the question is did you ever follow up on this
email?

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A: I don't recall because I think on September the 13th, Zach sent

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me an apology and Zach specifically-

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Q: Can you show this in the exhibit rather than just trying to
remember it?

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A: Sure it's on page bates number 0009 of Exhibit 5 and there you
attached-

Mr. Coughlin: That's from September 13th?

A: That's correct.

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Q: Okay, but the letter you were talking about was from October
10th.
A: That's correct.

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Judge McElroy: Will you let him answer the question?

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A: What I'm saying to you is we already had received from you a

16

paper sufficient for me to determine whether or not you were going to

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pass or fail. Because I had a paper, I graded the paper, I said you're

18

going to pass and the question at that point was were you going to be

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able to graduate from law school, I believe. Okay, so after I had already

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given you a passing grade then you were then asking me to spend

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thousands of dollars to retrieve your entire hard drive instead of a

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single file. That's why I think it was not particularly relevant.

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Q: Was it relevant to the academic dishonesty investigation was

going on?
A: Zach, I didn't know an academic dishonesty investigation was
going on.

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Q: Okay, and you didn't know that I didn't receive my grade until
December, right?
Ms. Kagan: Objection, ambiguous.
Judge McElroy: Go ahead, let him ask.

A: I don't know when they gave you your grade, Zach.

Q: So, you just don't know a whole lot of things, right?

Judge McElroy: You have like two minutes to ask your questions.

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If this is how you want to spend it, go ahead.

Q: One question I truly am curious about is how do you go-

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Judge McElroy: Make sure its relevant.

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Q: How do you go from sending me an email to sing where I say I

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only have this draft right do you recall that? And then you say okay

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give me the draft, and I turn the draft in then next thing I know a

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couple weeks goes by and then I get a letter on my birthday from the

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Dean saying academic dishonesty investigation. Where do we go from

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you saying turn in the draft to academic dishonesty? How do we get

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there?

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Ms. Kagan: Objection, argumentative, speculation, relevant.

Judge McElroy: It doesn't call for speculation, I'm going to sustain
it, you have one more question.

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Q: Do you recall saying turn in your draft?

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A: I told you turn in whatever you had.

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Q: Turn in whatever I had, that's in one of these emails, right?

From there, when I do what you said, was that like a little trick or
something?

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Ms. Kagan: Objection, argumentative.

Judge McElroy: It is sustained, and the time is up so, do you have

any- cross-examination is completed, Mr. Coughlin, cross-examination

is over. Do we have any redirect?

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Ms. Kagan: No, Your Honor.

Judge McElroy: Okay, Mr. Tratos, you may step down.

Ms. Kagan: Your Honor are we taking a break?

Judge McElroy: Yes, we are.

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Ms. Kagan: May I have one moment to talk with the witnesses?

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Judge McElroy: Sure.

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Court Personnel: Are we still on the record?

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Judge McElroy: Yeah, but we can go off the record, wait, just a

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moment, don't say anything.

Judge McElroy: Back on the record
Ms. Kagan: Your Honor, the State Bar calls Christine Smith to
the stand.
(The oath was administered to Christine Smith.)
By Ms. Kagan:
Q: Good afternoon, Dean Smith? Are you currently employed?
A: Yes. I am employed at the University of Nevada Las Vegas the
William S. Boyd School of Law.
Q: And what is your position at UNLV?
A: I am the Associate Dean for Administration and Student
Affairs.

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Q: How long have you been in that position?

A: Since September of 1997.

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Q; can you just go into a little detail about what your

responsibilities are?
A: On the student affair's side, I supervise the offices of admission

the dean for student advancement, career services, registrar. On the

administration side I supervise the staff in the business operations

management part of the school. Part of my duties in connection with

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student affairs is that I am responsible for students Honor Code

11

matters and I do an extensive amount of counseling of students as well.

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Q: Are you familiar with the applicant in this matter, Zachary

Coughlin.
A: Yes.
Q: How do you know Mr. Coughlin?
A: Mr. Coughlin was a student and he is now an alum of the
school.
Q: I would specifically like to talk about three different topics

20

regarding Mr. Coughlin and the first one being an academic

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disciplinary investigation that took place in the school regarding

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emails between himself and Professor Tratos.

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A: Right, in summer of, I believe 2001 Zachary was enrolled in

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Professor Tratos' cyber law course. There was a paper due in that

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course. Zachary had claimed that he had submitted that paper for the

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course requirements. Professor Tratos had stated that he had never

27

received the paper. There were emails that went back and forth

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between Zachary and Professor Tratos. Some of those emails were

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determined to be unprofessional and the matter was sent to me and I

met with Zachary and spoke with Professor Tratos and others and I

submitted the case to Philip Burns who was the Student Conduct

Officer for the University.

At that time the law school did not have its own honor code

established yet because we were a new law school and all of our Honor

Code matters were initially investigated by me to determine whether

or not there was cause and then I would forward them to the office of

judicial affairs in this matter.

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Q: regarding Mr. Coughlin, did you find that there was cause for a
referral?

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A: I did.

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Q: and what was the basis for that decision?

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A: Um, the basis for that decision? You know what, Lynn took all

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my papers.
Ms. Kagan: Did you bring something that would refresh your
recollection?
A: I had sent a letter over to Philip and I can't remember since it
was six years ago specifically what that letter said, so.
Q: can I direct your attention to the witness binders in front of
you, if you can turn to exhibit 5. do you recognize this exhibit?
A: I do, yes.
Q: And how do you recognize it?

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A: this is a letter that I wrote to the vice president for student

affairs Rebecca Mills and Philip Burns, the Student Judicial Affairs

Officer. Both are at the University of Nevada Las Vegas.

Q: are you referring to bates stamp page five?

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6

A: yes.

Q: Is this the referral letter you just testified about?

A: Yes.

Q: and I'd like you to look at page 1 of the exhibit. Do you

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recognize page one and how?

A: yes that's a letter that I wrote to Zachary asking him to
schedule a meeting with me to discuss the matter.

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Q: and did a meeting actually take place?

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Mr. Coughlin: objection, relevance.

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Judge McElroy: Overruled.

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Q: did a meeting actually take place?

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A: yes, we did have a meeting.

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Q: what happened at the meeting? Do you recall?

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A: I really don't recall specifically but I can tell you that based on
the conversation that we had I was concerned enough that I then
forwarded the matter on to the university student affairs judicial
officers.
Q: ok I'd like you to look at a page 2 of the exhibit. Do you
recognize page two?
A: Yes, that's an email that I wrote to Mr. Coughlin.

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Q: and what were you requesting in that email?

A: I was asking him to provide me with an explanation of the

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circumstances surrounding the submission of the cyber law paper.

Q: and if you turn to pages 3 through 4 of the exhibit do you
recognize those pages?

A: that appears to be Mr. Coughlin's response to me.

Q: and at the top of the email it states a date of 10/4/01. would it be

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fair to say that that was before your letter to the student official
judicial affairs officer on October 11th, 2001?
Mr. Coughlin: Objection, Your Honor, I don't see the relevance in
this and why we're taking so much time to go bit by bit on what's what.
Judge McElroy: Overruled.
A: The date on Mr. Coughlin's email to me was October 4th, 2001

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and I wrote the letter and sent it to Dr. Mills and Philip Burns on

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October 11, 2001.

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Q: do you know what happened to the matter after you referred it

to those people?
A: you have to refresh my memory with the exhibit but I believe

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that Mr. Burns found that there was not academic dishonesty but there

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was another incident that had occurred involving Mr. Coughlin

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dismantling a computer in the microforms area of the library and

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taking that to another area the library to use it for his personal use

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and in that situation Mr. Burns did find that there was a code of

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conduct violation and he had Mr. Coughlin pay $100 restitution to the

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University.

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Q: I would like to discuss that matter in just a minute but can you
refer to exhibit 53. do you recognize exhibit 53?
A: this is the letter that Mr Burns wrote to Mr. Coughlin after his
investigation of the honor code matter.
Q: did you receive this letter at some point during the
investigation.

A: yes.

Q: And, do you know what happened after this letter was sent, do

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you know?
A: I don't recall. In connection with this this matter specifically?
Ms. Kagan: Yes.

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A: no.

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Q: Did you have anything to do with the investigation conducted

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by Philip Burns?
A: Not to the best of my recollection, no.
Q: In both matters? Did he investigate both matters that you're
aware of? The emails as well as the computer?

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A: Yes.

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Q: Turn to exhibit 58 and that is a seven-page exhibit I'd like you

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specifically to turn to page 5 of the exhibit do you recognize page 5 of

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exhibit 58?

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A: yes. This is a memo that I wrote to Dr. Mills and Philip Burns
notifying them that Mr. Coughlin had disconnected the computer in the
microphones room of the library at UNLV.

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Q: was the computer that was disconnected for student use?

Mr. Coughlin: Objection, Your Honored, relevance. I don't see what

is the point at issue or the relevancy. We're talking about the

computer? We already said that in the application.

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Judge McElroy: Overruled.

A: this particular computer was not for a general student use. It

was dedicated specifically to the microforms area and it was for patrons

both students and the general public to use when they were looking at

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microforms and using the microform station in the library.

Q: let me go back and just ask you is are the statements that you

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put in this memo are were they an accurate representation of the

13

situation?

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A: To the best of my knowledge.

Q: and what exactly happened in this instance.
A: To the best of my recollection one of the library faculty,

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Matthew Wright had gone into the micro forms room on the evening of

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October 11, 2001 and noticed that the computer was not there. The

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computer, the mouse and the keyboard that they were not there so he

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was concerned and he went for a walk through the library to see if he

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could find it anywhere and he found Mr. Coughlin in another area of

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the library using that computer and keyboard for his own personal use.

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Q: Was Mr. Coughlin authorized to use that computer.

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A: No.

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Q: Was Mr. Coughlin authorized to dismantle the computer?

A: No.

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Q: was Mr. Coughlin authorized to move the computer?

A: No.

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Mr. Coughlin: Objection, Your Honor.

Judge McElroy: overruled.

Mr. Coughlin: But what are we getting at? Why are we

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establishing this? That is why I objected, Your Honor.

Judge McElroy: Part of the charges in terms of lack of candor.
Mr. Coughlin: but didn't we say in the last thing with Tratos,
that's important because of how you reported it whether you reported it
or not. What's important about this?
Judge McElroy: My understanding is the State Bar is alleging

14

that when the question was asked have you been dropped, expelled, or

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otherwise disciplined by any school for any reason other than academic

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performance. You marked yes and then replied I was find $100 by

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UNLV for moving a computer, monitor and keyboard for an hour on

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December 1st. they are contending that there is some misrepresentation

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and they can try to prove their case.

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Mr. Coughlin: They're contending I misrepresented about moving

the computer?
Judge McElroy: no, they're contending that you did not give an
adequate enough reason for why there was a $100 fine.
Mr. Coughlin: that's the first Ive heard of this.

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Judge McElroy: well, you know-

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Mr. Coughlin: That is not in their Pre-Trial Statement.

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Ms. Kagan: Yes it is.

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Mr. Coughlin: Can we cite that?

Judge McElroy: you can ask in cross-examination. You need to be

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familiar with your case.

Mr. Coughlin: If we have time, if she keeps going at this rate, we
are not going to have time for me.

Judge McElroy: Go ahead, what is the next question?

Q: Was Mr. Coughlin fined for, and I'm going to use specific

language, in your opinion, was he fined for moving a computer

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monitor and keyboard 10 feet to attach a computer for an hour on Dec

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01, 2002?

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A: I believe that without looking at Mr. Burns letter, I believe

13

that he was fined because he had violated the UNLV code and I'd have

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to look at the specific section but I think it had something to do with

15

misuse of University property.

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Q: Do you know why there was a fine of $100 in this case?

A: I don't know why Mr. Burns specifically chose that amount,

19

$100. I think it had something to do with the fact that staff time was

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taken to first of all find the computer and then to have to put the

21

computer back in its proper spot. And then there were also some re-

22

settings that had to be done to the computer because the settings were

23

off from what they should have been at that particular station.

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Q: when you testified earlier that the law library employee found

25

Mr. Coughlin in another part of the library. Can you explain where he

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was found, if you know.

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A: I don't know that I knew. My familiarity with that building

28

was that the microforms computer was in sort of a isolated room and

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the computer was taken out of that room and moved to another room in

the library. There in that same library, very near to this area was an

area for student use. The student computer lab that was specifically for

law students and that computer lab had approximately 30 computers

for student use.

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Q: that was nearby but that's not where Mr. Coughlin was found,
or was it?
A: I don't believe he was found in the computer lab. I believe he
was found in a nearby room in the library.
Q: Did you ever do any independent investigation into either the
incidents with Professor Tratos or the computer incident?
A: well my investigation in connection with the matter in Mr.
Tratos'
cyber law class was that I spoke to Mr. Coughlin and I spoke to Mr.

16

Tratos and I reviewed the email exchanges. I didn't bring my notes

17

from the investigation. I don't remember if I spoke to other students in

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the class.

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In the situation with the library matter, I spoke to Matthew

Wright who was the law library faculty member who discovered that
the computer was missing. I also spoke with Mr. Coughlin and I spoke
with one of our IT staff members Donald Castle and I spoke with Mr.
Burns.
Q: I'd like you to turn to exhibit 18 please. Exhibit 18 is actually

26

a three pages because there's a front and back to one and two. Do

27

recognize exhibit 18?

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A: This is a State Bar of California form which I completed and

signed and returned to the State Bar of California.
Q: and under number 2, the question is do you have any reason to
question the applicants fitness for admission to practice law?
A: I checked yes.

Q: and what was your reason for checking yes?

A: my reason for checking yes was that throughout Mr. Coughlin's

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law school career I suspected that he might have a substance abuse

problem. In meetings that he and I had together I hadMr. Coughlin: Objection, speculation.
Judge McElroy: Overruled.
A: I had recommended that he might want to see someone at the

15

University Student Wellness Center and I had observed throughout his

16

law school career several instances of erratic behavior. There were

17

other situations besides the situation with Mr. Tratos and Mr. Wright

18

there was some problems with his submission of his writing

19

requirement paper with Professor Jeff' Stemple. There was another

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matter in connection with his enrollment in Associate Dean

21

LaFrance's intellectual property class, there was another matter in

22

connection with his employment in the law library, there was another

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matter in connection with his treatment of staff members in the

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library regarding returning overdue books, and I seriously questioned

25

his character and his ability to be a lawyer and to have clients.

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Q: can we going into just a little detail about each of these

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instances that you just discussed.

Mr. Coughlin: Objection, relevancy.

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Judge McElroy: why don't we recall the incidences and then ask
more questions.
Q: Dean Smith you mentioned something about an IP class taught

by Professor LaFrance, can you explain what the behavior was by Mr.

Coughlin that matter?

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Mr. Coughlin: Objection, hearsay.

Judge McElroy: Overruled.

A: In that circumstance in the fall of 2001, Mr. Coughlin had

10

enrolled in Professor LaFrance's intellectual property course. He had

11

enrolled in that course because the matter with Professor Tratos was

12

still pending. He wasn't sure if he was going to pass that course. He took

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Professor LaFrance's course in the instance that he might not pass

14

Tratos' course and then he would still have enough credits to graduate

15

in December of 2001. school started in late August 2001. he did not

16

attend class until October 4th if I recall, correctly. I believe that he

17

came late to that class according to communications from Dean

18

LaFrance. She had contacted him and asked him to provide an

19

explanation for his lack of attendance because she did have an

20

attendance policy and he had already missed several classes. The result

21

of that whole matter was that she administratively withdrew him

22

from her class. But in the process of that happening he had sent at

23

least one email that was unprofessional and rude.

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Mr. Coughlin: Objection, hearsay.

Judge McElroy: Overruled.
Q: Then I believe the first incident you mentioned was with
Professor Stemple?

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A: we have a requirement at the law school that each student,

prior to graduation as a graduation course requirement must complete

a substantial writing project, must write an article of publishable

quality. Mr. Coughlin had submitted a paper to Professor Stemple who

had determined that that paper-

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Mr. Coughlin: Objection, Your Honor, relevancy.

Judge McElroy: Overruled.
Mr. Coughlin: if we're going to go into all these, can I go into the
Anson matter that she didn't bother to bring up?
Judge McElroy: If you want to muddy the field and bring more

12

and more of your conduct into this hearing that's fine. It's not working

13

for you.

14

Ms. Kagan: just as long as we're not going to ignore the Anson

15

thing. Because you forgot to mention it Christine, and go into the five

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other things.

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Judge McElroy: Enough.

A: Mr. Coughlin had submitted a paper in fulfillment of the

20

writing requirement to Professor Stemple who had communicated to

21

Mr. Coughlin that there were substantial deficiencies with that paper.

22

He had sent him a memo that outlined the deficiencies and he had

23

asked him to rewrite the paper addressing the deficiencies outlined in

24

the memo, and it took several weeks, possibly even months for that

25

whole process to be completed because he was in an email exchange

26

with Professor simple in what I would call you know just disagreeing

27

with the the quality of the paper and whether or not it fulfilled the

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writing requirement-

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Mr. Coughlin: Objection, hearsay.

Judge McElroy: This is not going to the truth of the matter, so I'm

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going to overrule the objection.

Q: and then if we can just talk about his employment-

Mr. Coughlin: Sorry, Your Honor, you overruled the objection?

Judge McElroy: Yes, because as explained it's not for the truth of

the matter, its to explain her opinion as to why she was concerned

about whether you should be a lawyer or not.

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Q: If we can just discuss Mr. Coughlin's employment at the law

11

library. You mentioned that was something that also caused you

12

concern. I believe that the law library faculty could better address-

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Mr. Coughlin: objection, Your Honor. This is hearsay when she's

quoting all these other people.

16

Judge McElroy: I don't know. You haven't allowed her to finish.

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Mr. Coughlin: but in previous answers she said well Dean

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LaFrance told me and so-and-so told me

Judge McElroy: The problem is its hearsay only if it's going for

20

the truth of the matter. This is to explain why her opinion is that you

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should not be a lawyer.

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Mr. Coughlin: Okay, so in the last situation, she is explaining it

because there was a paper due and I had some discussion about what
was supposed to be in the paperJudge McElroy: Mr. Coughlin. Quit interrupting and act like a
lawyer. So, what's the next?

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Q: Ill just make this brief. Were you aware of Mr. Coughlin's, any
of his contacts at the law library.
A: Yes.
Q: and can you tell me what you personally knew of?
A: I was notified by law library staff of a couple of incidents. One

incident involved Zachary taking money from a cash box. Another

incident involved Zachary having books checked out of the library.

They were overdue. A library staff member called him to tell him they

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were overdue and request that they be returned to the library and he

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swore at that staff member and there was another similar incident over

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overdue books.

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15
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Q: Dean Smith, one question. Has anything changed your opinion

that you provided to the State Bar as represented in exhibit 18.
A: no.
Judge McElroy: thank you. Cross-examination?
By Mr. Coughlin:

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Q: Dean Smith did you go to law school?

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A: No. I did not.

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Q: But you are the Dean.

A: I am the Associate Dean for Administration and Student
Affairs.
Q: so, you're not a lawyer?
A: I am not a lawyer.

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Q: And you didn't go to law school, but you're the Dean of the law
school?
A: I am not the Dean of the law school. I am the Associate Dean of
the law school. There's a difference.
Q: were you ever were the Dean of the law school.

A: I have never been a dean of a law school.

Q: Were you ever any other kind of Dean besides Associate Dean

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at UNLV?
A: No.
Q: in the first years of existence? Didn't you become this Associate
Dean of Student Affairs later on. Werent' you originally like the Vice
Dean or something?

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A: my original title was Associate Dean.

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Q: Just straight Associate Dean?

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A: yes and then as the school grew and an Associate Dean for

18

Academic Affairs was hired my title was changed to Administrative

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Associate Dean for Administration and Student Affairs.

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Q: I noticed when you were elucidating, I think it was the five

incidences, you mentioned something about a paper with Jeff Stemple
where there I did a paper, wasn't quite what he wanted and we went
back and forth over what it needed to have for a while and then I
turned it in the paper was done. I really didn't see where you were
going with? Where that was all that incendiaryMs. Kagan: Objection, is there a question pending?

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Judge McElroy: There's gotta be a question pending, and quit

editorializing.
Q: With Jeff Stemple, why even bring that up?
A: my concern was there are email notes in the file from you to
Professor Stemple that I believe were unprofessional?

Mr. Coughlin: objection, hearsay, no foundation.

Judge McElroy: Overruled.

Q: What was unprofessional?

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A: I could tell you if I had that right in front of me. I actually

had it in my folder that Lynn has right now. If it's in one of these
exhibits I would be happy to tell you what was unprofessional.

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Q: Was it submitted to the State Bar of California?

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A: I believe so but I'm not absolutely certain.

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Q: The Stemple thing?

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A: I can't tell you for certain items. I don't know what is here in
front of me.
Judge McElroy: Your questions should be addressed to the
witness.
Q: we don't have that in the 69 exhibits. We don't have anything
about Stemple in hereJudge McElroy: Mr. Coughlin, I should warn you that you should
be happy that it's not. The more you bring out the worse the case gets.
You need to focus on the issue at hand here and not-

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Q: I noticed you mentioned like five things. You mentioned

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something about the library, you mentioned something about being

enrolled in a class and then later not dropping the class or not taking

the class or something like that. But you didn't mention anything

regarding Professor Anson. Can you explain that Professor Anson

situation, why that didn't come up when you were talking?

Ms. Kagan: Objection, lacks foundation.

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Judge McElroy: You know what? I think I'm going to go ahead

and let you answer if you can.
A: I don't know. Are you referring to a Professor Anson situation

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that is specific to you?

Mr. Coughlin: I was on the periphery of it. I had a meeting with

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you about it.

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Judge McElroy: What's the question?

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Q: why she didn't bring this up, this Anson matter?

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A; I don't know specifically what matter you're referring to and I

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don't-

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Q: Did a Professor Anson work at your law school?

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A: yes.

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Q: was he fired?

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A: yes.

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Q: what was he fired for?

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Ms. Kagan: Objection, relevance.

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Judge McElroy: It would like you to make an offer of proof right

now because I don't see the relevancy.
Mr. Coughlin: Well I had issues with some of the treatment I

received from Professor Anson. He was later terminated from the law

school for matters that didn't involve me.

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Judge McElroy: how is this relevant to this hearing?

Q: why wasn't this brought up?

Judge McElroy: Because it wasn't relevant to you.

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A: Because its not relevant to you.

Q: so none of my conduct was unprofessional within that Anson?
Nothing I did related to the Anson or my meeting with you about him
was unprofessional?

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Ms. Kagan: objection, assumes facts not in evidence.

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Q: If you're saying I was professional, then please, tell me how

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professional I was. If I was unprofessional please explain how and tell

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me why you didn't bring that up-

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Judge McElroy: Mr. Coughlin please let her explain her answer.
Go ahead if you can explain.
A: I have a hard time remembering any interactions with you in
which you were professional.

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Q: In which I was professional.

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A: yes which is why I have submitted what I've submitted to the

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State Bar of California.

Judge McElroy: Okay, so what is the next question?

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Q: So was I unprofessional in this Anson situation?

A: I don't remember the specifics behind that situation so I can't

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answer that.
Q: Yet, you remember the specifics about a paper that was due in
Stemple's class? This is a guy who got fired and you don't remember
about that? But you remember everything about a paper with
Stemple?
Ms. Kagan: Objection, argumentative.

10

Judge McElroy: Sustained, what's the question?

11

Q: So you don't have any recollection of me writing you an email

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about Professor Anson.

Ms. Kagan: objection, asked and answered.

15

Mr. Coughlin: What was the answer?

16

Judge McElroy: Its sustained.

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Q: Do you have in your in your file at school an email from me to

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you about Professor Anson?

A: I believe that there is an email from you to me about Professor
Anson.

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Q: And what was he fired for?

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A: Objection, relevance.

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Judge McElroy: Again, sustained.

Q: Why wasn't I asked to comment at all during Professor Anson's
trial?
Ms. Kagan: Objection, relevance.

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Judge McElroy: Sustained.

Q: I noticed you said I believe you said you didn't speak when you

were investigating this academic dishonesty bit? You know the thing

where I acted unprofessionally and so we said well we're going to bring

an academic dishonesty charge? Or where you said I acted

unprofessionally and so you said well this is academic dishonesty right

here-

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Ms. Kagan: Objection, argumentative.

10

Judge McElroy: its sustained. Ask a question.

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Q: I notice you said you didn't speak with other students about

12

this. You said I spoke with Don Castle and maybe somebody else and

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somebody else-

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Ms. Kagan: objection, misstates her testimony.

Judge McElroy: What are you talking about?
Q: This. I'm talking about the academic dishonesty investigation

18

stemming from Professor Tratos' course and your investigation of and

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you stated that you didn't speak with other students in the class in

20

regard to this matter is, is that true?

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Ms. Kagan: Objection, that misstates her testimony.

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Mr. Coughlin: Well, then, can you please clarify what your

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testimony was?
Judge McElroy: I'm going to sustain the objection. Ask a question
that comports with what her testimony is.

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Q: did you say something about whether or not you spoke with

students in the cyber law class related to the paper incident involving

Mark Tratos?

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A: Today you mean?

Q: yes.

A: Yes, I did make a statement.

Q: can you tell me roughly what that statement reported?

A: I would have to have the transcriber read that back to me. I

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don't want to misspeak.

Q: why don't you just give me roughly what you said?

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Judge McElroy: Why don't you just ask a direct question?

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Q: Did you talk to other students?

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Judge McElroy: Did you talk to other students regarding this? It's

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pretty simple.
Q: Well see but it's interesting. She can't quite remember what she
said and then now she wants to hear it back and-

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Ms. Kagan: Objection.

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Q: Did you ask other students?

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Judge McElroy: I am going to strike all this editorializing.

Q: Did you ask other- They are certainly editorializing when they
are going into all these peripheral incidents withJudge McElroy: Mr. Coughlin, you cannot seem to ask a direct
question.

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Q: did you speak to students in the class? The cyber law class

having anything to do with the investigation related to me and the

paper in Mark Tratos' class?

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A: I don't recall.
Q: because earlier you said that you didn't.
Judge McElroy: okay she said she didn't recall. Ask the next
question.
Q: ok why earlier did you say that I didn't speak to other students
in the class?
Ms. Kagan: Objection, misstates her testimony.
Judge McElroy: sustained.

14

Q: so now okay-

15

Judge McElroy: Why don't you just ask a direct question?

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Q: the question was I don't remember whether I spoke to other

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students.
Judge McElroy: Okay, so she doesn't remember. Ask the next
question.
Q: You don't remember whether you spoke to other students in the
class?
A: that's right. I don't remember whether I spoke to other
students.
Q: Would that be something you do normally in the course of an
investigation?
A: not always.

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Q: do you remember me telling you of several students who would

say that they saw me turn the paper in?
A: I remember you telling me that yes.
Q: and you remember whether you asked those students or
followed up on that in any way?

Ms. Kagan: Objection, asked and answered.

Judge McElroy: I'm going to overrule the objection. Just, if you

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can remember.
A: Re-state the question please.
Q: Did you ever talk to the students who I mentioned saw me turn
the paper in?

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A: I don't specifically recall talking to other students.

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Q: Would that be a normal thing in an investigation of this type?

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A: Not always.

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Q: why wouldn't you talk to eyewitnesses?

A: in in your specific situation I was determining whether or not

20

there was cause for me to forward your case to Mr. Burns and Mr. Burns

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is the person who would speak with you and would speak with the

22

other students. I believe that in the course of his investigation he spoke

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with other students in connection with the charges.

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Q: so in determining whether or not to turn this into an official

25

academic investigation which has to be reported to any State Bar you

26

ever apply to, you might not know that because you didn't go to law

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school-

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Ms. Kagan: Objection, argumentative.

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Q: in the course of-

Judge McElroy: Can you please show some respect for people in

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this court?
Mr. Coughlin: As soon as someone shows some to me. In the course
of doing that you didn't speak to any of these students? You escalated it
onto the official level-

Ms. Kagan: objection, compound, and asked and answered.

Judge McElroy: Sustained, what's the question.

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Mr. Coughlin: I haven't asked my question, so I don't know how it

could be asked yet answered.
Judge McElroy: Mr. Coughlin, I'm giving you 10 more minutes on
this witness and then this is it, so you need to ask effective questions.
Q: in another area of the library for personnel, where this this

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thing was supposedly moved, was it in the same, did it have the same

17

four walls as from where it was moved?

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Ms. Kagan: Objection, vague and ambiguous.

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Q: 1, 2, 3, 4, there is four walls, was the computer in the same room

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originally from where it was moved?

Judge McElroy: I overrule the objection.
Q: Because you are making it sound- from your earlier testimony
you make it sound like he dragged it across the street somewhere.
Judge McElroy: Will you just ask the question? Ask the question.
Q: Was it in the same room, same four walls containing the room?
A: I don't know I would have to ask Mr. Wright that question.

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Q: but earlier you knew enough to-

Judge McElroy: What's the next question.

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Q: okay then if you don't know then why earlier were you able to
describe it as he dragged it to another area of the library?

A: because you did, but I-

Q: If it is in the same area or if you don't even know what area it's

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in how can you describe whether it's in the same area or another area?
A: the way that the library was laid out, it was a very big space.

10

The particular room that the microforms was in, was a room not much

11

larger than this room. There were rooms, larger rooms adjacent to that

12

particular room. I don't know whether you were in that very same room

13

or if you were in the next room. But I do know that Mr. Wright had to

14

go looking for the computer so it wasn't right next to its proper spot.

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Q: Do you recall Mr. Wright telling you that I walked up to him

and told him I had the computer when I saw him approach the
computer? And when I say computer I mean monitor, because the
hard drive was never moved, right?

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Ms. Kagan: Objection, how many questions are pending?

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Q: Because it was just the monitor and the mouse that were moved.

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Judge McElroy: ok what's the question?

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Q: Do you recall Mr. Wright saying I approached him?

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A: No.

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Judge McElroy: What' the next question?

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Q: I will direct you to Mr. Wright's exhibit.

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Judge McElroy: what's the number?

Mr. Coughlin: it's this exhibit 58.

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Judge McElroy: What's the page number?

Q: Well, okay, here he says page 1.

Judge McElroy: please. What page? Page 1 of exhibit 58?

Mr. Coughlin: yeah.

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Judge McElroy: what is the question? No editorializing.

Q: Well I'm asking, do you recall whether or not I went up to him

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and I'm saying do you recall this email to you where it says

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disconnected the monitor, keyboard, and mouse which is in

13

contradiction you're saying I moved the whole computer earlier but

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anyway-

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Judge McElroy: clearly Mr. Coughlin you don't know how to

refresh the memory of of a witness.
Q: He said he ran into Zach what does that mean? Does that mean
I approached him?
Ms. Kagan: Mr. Coughlin-

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Judge McElroy: its speculation.

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Ms. Kagan: Objection, speculation.

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Judge McElroy: Its sustained.

Ms. Kagan: If he can point to where he's referring.

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Mr. Coughlin: Paragraph three, line 4.

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Judge McElroy: well first of all we don't need to go into this

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because it's speculation. This is not something that she wrote.

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Mr. Coughlin: But its something that was written to her that she
used in starting her investigation.
Ms. Kagan: lack of foundation.
Judge McElroy: What is the question.
Q: Can you tell me what it means when it says I ran into Zach.

Does that mean I came up and approached him and said look I used this

to do yada yada?

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Ms. Kagan: objection, speculation.

Q: Did he just run into me?
Judge McElroy: Sustained. What's the next question?

13

Q: What do you think it means when he says I ran into Zach?

14

A: Well as I read this memo it's Mr. Wright says I entered the

15

microforms room at approximately six-thirty pm Thursday night and

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the monitor, keyboard, and mouse were all missing. I immediately

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thought they were stolen. I looked and wandered around when I ran

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into Zach. Zach had disconnected the monitor, keyboard, and mouse. so

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when he says he ran into you-

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Mr. Coughlin: and can you continue to where he says he had

21

moved them into one of the carrels in the microforms room? Is that the

22

same microform room that you just mentioned earlier?

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Judge McElroy: Before anyone answers any questions in this

matter I'm going to tell you if you interrupt a witness and the middle of
an answer any more times I am not allowing you to cross-examine the
witness and I mean it. So you need to wait and listen to the answer and

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not interrupt and no more editorializing or you will not be asking any

more questions of this witness and I mean it.

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Mr. Coughlin: Yes, Your Honor.

Judge McElroy: So, if it happens again you're out of here. Now ask
a question.
Q: Does this letter from Mr. Wright indicate that I had moved

these materials into one of the carrels in the micro forms room? Is that

microforms room he's referring to-

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Judge McElroy: one question at a time.

11

A: Yes the memo that I'm reading now says that you had moved

12

the monitor, keyboard, and mouse to one of the carrels in the

13

microforms room.

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15

Q: How many microforms rooms are there?

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A: in that library there was one microforms room.

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Q: o it was moved somewhere in the same room as where it

18

originally was, the computer, right?

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A: according to this memo, yes.

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Q: and that room is no bigger than this room?

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A: it's was about the same size, yes.

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Q: it's not really the same shape though right? It's an oblong room,

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right?
A: It was an oblong room you're right.
Q: okay, so if it was moved from one wall to the next it was moved
about 10 feet right?

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Ms. Kagan: Objection.

A: I think it was probably more than that.

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Judge McElroy: okay I'm going to allow the answer to stand.

What's the next question?
Q: I'd like to ask you about this letter, this exhibit 53. Our
problem here is they are, we're saying didn't-

Ms. Kagan: Objection, is there a question?

Judge McElroy: What's the question?

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Q: was I cleared of any academic dishonesty?

A: in this letter from Mr. Burns he says that you are to consider

13

this letter a formal letter of warning and that if you're found

14

responsible for similar violations of the Student Code, your status as a

15

student at UNLV will be reconsidered.

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Q: and what was the violation I was found, does that mean I was

17

found guilty of some violation? It says similar. That to me implies

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there was one to begin with, so what was the one to begin with? What

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was the violation?

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A: I need to read Mr. Burns' letter.

Mr. Coughlin: Please do.
A: I believe from reading the paragraph above that he's referring

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to academic dishonesty. He says it appears that academic dishonesty did

25

not occur.

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Q: okay, so is that the violation?

A: I believe that that's the violation he's referring to in number
one of.

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Q: So is it a formal letter of warning for something that didn't

occur? That didn't, like as in, that didn't occur, I'm going to warn you to

not do that again. Don't you not do that again, Mr. Coughlin.

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Ms. Kagan: Objection, compound.

Judge McElroy: What is the question? Ask one question at a time
let it be no compoundA: I'm sorry, I've read farther into the memo, and farther into the
memo it says in the matter of Section P, I recommend the following

10

sanction and section P is assaulting, striking, threatening or causing

11

physical harm to another.

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Q: and who was that done to?

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A: I don't recall.

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Q: Wouldn't that kind of be important to put in a report?

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A: This is not my report.

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Judge McElroy: Its not her report.

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Q: But you kind of were in charge of student affairs, right? And

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one of your, one of your kind of duties would be to understand what's

20

going on right? With this particular investigation if you're going to-

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A: this was not my the investigation nor was it my report.

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Judge McElroy: what's the next question?

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Q: what was I found guilty of here?

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Ms. Kagan: Objection.

Judge McElroy: I'm going to go ahead and let him re-emphasize
and re-emphasize the problem.

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Q: Because I see it says academic dishonesty not did not occur and
I'll noteJudge McElroy: What's the question?
Q: what was I guilty of? What am I being warned about?
A: in the letter from Mr. Burns, it says in the matter of Section R

you accepted responsibility for the disconnection of the computer in

the Boyd's School of Law library.

Q: okay but we're not talking about the computer thing anymore,

10

we're talking about the the Tratos thing right? Because that's what the

11

first paragraph is dealing with.

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Judge McElroy: so what's the question?

Q: because I reported section R, so my question is what in Section
whatever the first section I guess section P although he's got Q's and
then he's got, so I don't know what he's talking about. But somehow this
first section deals with the Professor Tratos thing, yet there seems to be
this language of assaulting, striking, threatening, or causing physical
harm to another? And so later on down the page he goes in the matter of
section P, I recommend the following sanction. Now, this is after
saying academic dishonesty did not occur and you know elsewhere in
this letter talked about how this is an informal resolution, yada, yada.
But, the point is-

24

Judge McElroy:What is the question?

25

Q: that he is recommending this sanction, and the sanction relates

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to Section P, which is a assaulting, striking, or threatening. The onlyJudge McElroy: What is the question of this witness?

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Q: Who was assaulted, striked, or threatened? The guy who got

all these emails? Was he assaulted, striked, or threatened?
Judge McElroy: Ask a question. If she knows.
Q: who was assaulted, striked, or threatened?
A: I believe that it was determined that the tone of your emails to
Professor Tratos could be considered threatening.

Q: does it say that anywhere in here in his report?

A: I don't see that specifically in this report.

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Q: Because I know it is not your report, its his report right?

A: that's right.

13

Q: Okay, and it doesn't say anywhere in here-

14

Judge McElroy: you have got two minutes to finish up your cross-

15

examination.

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Q: It doesn't say anything about me assaulting, striking or

17

threatening Professor Tratos, right? And when I reported this to the

18

State Bar my language in Exhibit 1, page 25 is-

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Judge McElroy: What is the question?

21

Ms. Kagan: Objection.

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Q: My question is what does this say, even. What are you saying I

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did and what are you saying you found me guilty of?
Ms. Kagan: objection, lack of personal knowledge.
Judge McElroy: sustained.

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Mr. Coughlin: that's never been sure.

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Judge McElroy: this is not a letter that she's written.

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Mr. Coughlin: she's the Dean of Student Affairs.

Judge McElroy: do you have another question?

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Q: was I found out of this academic dishonesty investigation was I

found guilty of anything or was I cleared of any academic dishonesty?
A: Mr. burn's letter says after an investigation it appears that the

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matter of your remarks has been informally resolved between you and

your instructors. In addition it appears that academic dishonesty did

not occur.

10

Judge McElroy: what's the next question.

11

Q: So, if I told the bar that I was cleared of any academic

12

dishonesty wrongdoing, would that be accurate?

13

Ms. Kagan: objection, relevance.

14

Judge McElroy: I'm gonna go ahead and let her answer the

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question.
Mr. Coughlin: I thought that was the whole point of this as Judge

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McElroy spelled it out earlier was whether or not I accurately reported

19

this.

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Ms. Kagan: objection, first of all the witness doesn't even know
what Mr. Coughlin reported to the Bar regarding this incident.
Mr. Coughlin: She doesn't need to know. She's not the witness. Just
let her be that.

25

Judge McElroy: what's the question?

26

Q: If I told the State Bar, any State Bar in relation to this

27

incident as far as academic dishonesty goes I was cleared. Would that

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be accurate?

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A: yes.

Q: That would be accurate?

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A: Yes.
Q: Let me read you these statements and you can tell me whether

or not these are accurate. These are what's at issue, this is what I said to

the California Bar-

Judge McElroy: please quit editorializing and ask a question.

Q: Okay, I'm asking you are these accurate. This is an

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investigation that arose out of a summer school class I took from

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Professor Mark Tratos, that's accurate right?

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A: yes.
Q: okay when this academic dishonesty investigation was started
what did you think I had done? What were you charging me with?

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Ms. Kagan: Objection. Speculation.

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Judge McElroy: I'm going to sustain the objection, it has been-

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Ms. Kagan: Lack of personal knowledge-

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Judge McElroy: gone over ad nauseum.

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Mr. Coughlin: so, I'm never actually going to get told what they

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thought I did?
Judge McElroy: The truth is you got the best answer you could
from her. She said that there was not academic honest dishonesty
found. Ok I mean how much more do you want? And that was the
question in terms of the State Bar so.

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Q: okay so when I write in my letter to the State Bar, I wrote after

the Student Judicial Affairs Officer conducted a full investigation

interviewing several students the matter was resolved with a finding

that no academic dishonesty took place on my part, that's accurate

right?

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A: yes.
Q: Can you tell me what it was that made you think there was
academic dishonesty present in the first place such that you brought an
investigation for it?
A: have to read my notes. I don't specifically recall and I don't
want to misstate anything.
Q: but would that be included somewhere? Would you have
written that down somewhere?
A: No.
Judge McElroy: Any other questions?
Q: can you tell me why you thought I had a substance abuse
problem?
A: Because of your erratic behavior, because of the emails that you

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sent to faculty and staff, because of the various incidents that I had

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referred to earlier, it led me to believe that you had some type of a

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problem.

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Q: so does anyone who has any problem with any of your faculty
or your staff have a substance problem?
A: No.
Q: Do they have some type of problem?

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Ms. Kagan: objection, vague.

Judge McElroy: sustained.

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Q: would you say that if I was reporting this moving a computer

incident to a State Bar that I would have been accurate for me to have
told the bar, given what you know about this situation as I did in my
application, would you say that this is an accurate description of what
took place when in exhibit 1, believe it's page thirteen, under this
scholastic discipline section I said to have you ever been dropped,
suspended, expelled or otherwise disciplined by any school for any
reason other than for academic performance and I'll note that-

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Judge McElroy: please no editorializing.

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Q: okay, and I say I was fined $100 by UNLV for moving a

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computer monitor and keyboard 10 feet to attach to my computer for an

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hour, dot, dot, dot. Is that accurate?

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Ms. Kagan: I request the whole sentence be read.

Judge McElroy: please read the whole sentence, Mr., yes, its your
question.
Q: To attach my computer for an hour in December 1st, 02
University of Nevada Las Vegas.
A: I can't testify to the distance that you moved the computer
because I didn't see it.
Q: but we know it was in the same room right?
A: according to Mr. Wright's memo that we read earlier yes it was
in the same room.

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Q: ok, so it's accurate in every way except you are not sure exactly
how many feet it was moved, but it was moved in the same room.
Ms. Kagan: objection, misstates her testimony.
Q: Can you tell me if this is accurate or not? Besides how many
feet it was moved? Is that what it comes down to, how many feet it was
moved?
A: this statement is accurate with the exception of I can not
testify to the distance that you moved the computer because it's not

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stated in Mr. Wright's note to me and I did not see it myself.

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Q: Okay, but we can say it was in the same room?

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A: Yes.

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Judge McElroy: okay what's the next question.

Q: when when was I told that I was going to pass the cyber law
course?

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A: I don't know.

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Q: Okay, but it wasn't for a while right? Because we didn't even

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get this letter fromMs. Kagan: objection, relevance.

Judge McElroy: her answers was I don't know. What's the next
question?
Q: Mr. Burns' letter is from November 27, 2001. Would have I been
able to have known if I passed the course or not before then?
Ms. Kagan: objection, speculation.
Q: ok, if you can answer.

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A: I don't know.

Q: Wouldn't his report need to have been issued before you could

determine whether or not I was going to graduate? My passing the

course and graduating was contingent upon the outcome of this

report?

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A: not entirely, no. what if you didn't pass some of your other
courses.
Q: ok but aside from that. Assuming I passed every other course

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and this was the only course still out there, was this what was holding

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up? You couldn't have given me a grade until this was out right?

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Ms. Kagan: Objection, asked and answered.

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Judge McElroy: And speculation. Next question its sustained.

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Q: this came out November 27 2001, right?

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A: Right.
Q: Would I have received a grade in the cyber law course prior to
the resolution of this matter?
A: You would not have received a grade in the cyber law class

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until you had submitted a paper to Professor Tratos for his review and

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for him to grade. I don't know when he received your final paper, which

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he based your grade upon.

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Q: did I turn in a final paper to Professor Tratos or did he grade

the draft that I turned?
A: I don't know the answer to that question.
Ms. Kagan: Objection, speculation.

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Judge McElroy: okay I'm going to overrule the objection and she

has said she doesn't know the answer to that question so let's move on to

something she knows.

Q: that's a tough one. Did Mark Tratos request contact

information for any other students whose papers he had lost in the

cyber law course? For instance, Jessica Wolfe's?

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Ms. Kagan: Objection, relevance.

Judge McElroy: okay I'm gonna go ahead and let you and ask that
question and if she can answer it.
A: I don't remember him asking me for contact information on

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another student. I don't remember anything in connection with Jessica

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Wolfe.

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Judge McElroy: so let's ask the next question.

Q: ok do you recall seeing in the bates stamped copy of my file that
you gave me, included with the other emails to Professor Tratos, the
first one was from Professor Tratos to you or your assistant. Do you
recall him asking for emails for Zach Coughlin and Jessica Wolf?

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Ms. Kagan: objection, which exhibit is Mr. Coughlin referring to.

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Mr. Coughlin: I'm referring to a document Dean Smith gave me.

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Judge McElroy: do you have it here?

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Mr. Coughlin: I'm not sure.

Judge McElroy: well then, don't ask about it. What's the next
question. I sustain the objection.
Mr. Coughlin: So, she can ask about Stemple papers that are not
here, but-

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Judge McElroy: Don't argue with me, okay? Next question?

Q: Do you know who Jessica Wolf is?

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A: Yes.

Q: Did she take cyber law?

Ms. Kagan: objection, relevance.

Judge McElroy: I'm going to go ahead and let him ask that

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question.
A: I would have to look at the course roster to be absolutely
certain that she took that course or her transcript and I don't have
either one of those documents.

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Judge McElroy: five more minutes.

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Mr. Coughlin: I'm done.

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Judge McElroy: okay thank you. Any redirect?

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Ms. Kagan: No.

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Judge McElroy: you may step down.

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Ms. Kagan: may we take a two minute recess?

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Judge McElroy: yes, two minutes.

Court: back on the record.

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Ms. Kagan: The Bar calls Officer Won Cho to stand.

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(The oath was administered to Officer Won Cho.)

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By Ms. Kagan:
Q: Officer Cho, are you currently employed.

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A: yes I am at the Las Vegas metropolitan Police Department, and

I have been there going on eight years as a police officer in community

policing.

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Q: do you recall an incident that took placeMr. Coughlin: Objection, Your Honor, relevancy.

Judge McElroy: Overruled, she hasn't even asked the question.

Mr. Coughlin: His whole point in being here. What's the relevance

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in going into this?

Judge McElroy: she's putting on her case.
Mr. Coughlin: But we had a clear idea, on the last point, why we
were going after that.
Judge McElroy: I have made my ruling. If you continue to

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interrupt me, I will ask you to leave the court room and the witness can

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testify without you being present. Do not interrupt and when I make a

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ruling that's it.

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Q: so do you recall an incident in October of 2001 where you were

involved in the arrest of Zachary Coughlin?
A: Yes, Ma'am.
Mr. Coughlin: Your Honor?

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Q: And how do you recall that incident?

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Mr. Coughlin: I am sorry, Your Honor, can I ask a question of you?

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Officer Cho: Sigh.

Judge McElroy: yes, what is the objection.
Mr. Coughlin: well it's not an objection, its a question.

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Judge McElroy: No. I'm not going to allow you to ask questions.

Mr. Coughlin: Okay.

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Judge McElroy: you need to proceed in a legal manner-

Officer Cho: Sigh.

Judge McElroy: that's raising objections-and with a legal

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objection.
Mr. Coughlin: okay.
Judge McElroy: What's the next question?

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Q: Officer Cho, so how do you recall that incident?

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A: I remember-

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Mr. Coughlin: I'm sorry, objection, relevancy-

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Officer Cho: Sigh.

Judge McElroy: Overruled. I've made my ruling. Let's move on to
the next question.

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Mr. Coughlin: I am not arguing your ruling, Your Honor, I am

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just wondering for the flow of the trial, with the last point we dealt

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with it helped me because you spelled out what we were looking for,

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and that was whether or not I reported accurately to the State Bar, so

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what I'm trying to do is focus my mind on what are we looking for here-

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Judge McElroy: Allow him to testify and if you feel that there's a
problem afterward you can ask the whole thing be stricken as
irrelevant. Right now let's ask the question.
Q: Officer Cho, how do you recall that incident?
A: Can you explain?

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Q: let me let me go back for a minute.

A: I'm sorry.

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Q: that's okay. Do you recognize the applicant in this matter

Zachary Coughlin?

A: yes, I do.

Q: how do you recognize him?

A: We made contact with them in approximately 2001.

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Q: can you explain that contact that you had with Mr. Coughlin,
back in 2001?

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A: yes, I was working the Las Vegas Strip on bike patrol at the

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time. I was riding with my sergeant that day. Riding south bound, I

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looked over towards the left and I noticed a security officer running

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after Mr. Coughlin. There was another police officer that was running

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with the security officer after Mr. Coughlin. So I road down to assist

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and we got Mr. Coughlin into custody. We continuously verbally told

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him we're police officers and to stop. He didn't listen to us. He turned

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around, kept running. On the strip we don't wear regular uniforms, we

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wear bright bright canary yellow uniforms that says metro police on

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there, so it's highly visible on there. He continuously kept running so

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myself and I think it was Officer Jordan tackled Mr. Coughlin to the

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ground and as he got to the ground he was lying prone. He put his arms

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in into his body and he would not cooperate with us. It took

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approximately four officers to basically get his arms to his side and

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then finally restrain them. Once he was restrained I remember one of

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the officers asking him why are you running, what's wrong with you

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and he basically repeated why are you running what's wrong with you?

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He asked again, what's your name and Mr. Coughlin asked the officer

what's your name, and just kept repeating what the officer had told

him. As of that time I basically left with my sergeant.

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Q: were you present when Mr. Coughlin was asked his name?
A: Yes I was.

Q: And what did he respond to that if you recall.

A: what is your name? He just kept repeating what the officers

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were asking him.

Q: Do you know how, was his name actually identified at some
point?
A: I think one of the officers found his identification later on
that's what I saw on the declaration, but I didn't see an identification
and I didn't know what his name was. But I also do remember, I
remember what the officer stating at that time, because I think one of
the other, another officer had gotten a subpoena for the case, and I
remember none of us got a subpoena for it and that officer wasn't the
primary officer either and I remember the primary officer saying to us
he would have never gotten arrested on that day but he spent so much
of our time and we couldn't identify him, so that's the only reason why
he got arrested.
Q: let me ask, this is something that happened in 2001, how do you
recall this incident now that we're in 2007?
A: because, when I make contact with people, a lot of people tell us

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how much they know the law. I remember him saying I know the law,

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I'm a student becoming an attorney and I didn't believe him. I

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remember talking to one of the officers, reference that, saying you

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know we wouldn't do anything, you know, something like that going to

another state or doing anything like that with our profession, why

would he do something like that? So, when I got this for subpoena for

this I was actually surprised.

Q: let me ask you also, one more question?

Mr. Coughlin: I'm sorry. Can we clarify what we wouldn't do

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anything like that means? I didn't understand. What's do?

Judge McElroy: First of all, you can clarify it on crossexamination. That's how we proceed in this matter. What's the
question?

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Q: Officer Cho, would you characterize Mr. Coughlin as resisting

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arrest in this matter or was he very helpful with the police and listen

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to everything the police would tell him?

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A: More or less if he was helpful with the officers, I don't think he

would have been arrested. I don't think he would have gone to jail .
Ms. Kagan: No more questions.
Judge McElroy: cross-examination?
By Mr. Coughlin:

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Q: hello Officer Cho.

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A: hello.

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Q: Can you clarify what that last point was about we wouldn't
have done that with our profession if we went somewhere?
A: okay, like for , my wife and I went to Utah last week. We got

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pulled over. I was cooperative with the officers knowing that I'm an

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officer and what I meant was that anywhere I go, knowing my

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profession, I'm gonna be cooperative with everybody that pretty much

does the job that I do. I think being an attorney is a high profession just

like being a doctor being a police officer, or firefighters. We normally

get the respect when we make contact with them. That's what I meant

by it.

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Judge McElroy: So, what's the next question?

Q: and you felt I was disrespecting you?
A: I didn't only feel that, all the other officers did. When

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somebody is, the number one thing that we learned in the Academy is

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the most dangerous thing of anybody's body is this, the hands, because

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you could have either a gun, a knife, or whatever . we'd like to see the

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hands. What you did when you were lying prone and none of us was on

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top of you,so you know, it wasn't like-

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Q: After I was tackled?

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A: well after you were tackled, we were on top of you, and then we

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moved away, and we said put your arms behind your back. I remember

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one arm being held, the other are being held by another officer because

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we know well enough that your arm is not going to move when

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somebody's on top of you. We kept telling you to put your arms, take

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your arms out, let me see your hands, let me see your hands. You didn't

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do that.

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Q: What did I do?

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A: you kept your arms in, in your torsal area.

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Q: All right. Officer Cho, you recall me ever making a statement

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about I was putting my hands behind my back? You guys said

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something like what are you doing and I said I was putting my hands

behind my back?

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A: I don't recall that no

Q: okay because in this police report on page 65 it is Exhibit 65,
number one about halfway down the page beginning with: Officer Cho,
Officer C. Jordan badge number and myself gave chase and tackled
Coughlin as we were trying to take Coughlin into custody he again
ignored orders to stop resisting and put his hands behind his back.

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A: I didn't even write that, so?

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Q: ok but that means I put my hands behind my back, right?

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A: I don't remember him putting his hands behind his back.

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Ms. Kagan: Objection, speculation and Mr. Coughlin is testifying

at this point.
Mr. Coughlin: I am just reading the page.

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A: I don't remember him putting his hands behind his back.

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Judge McElroy: I overrule the objection. He doesn't remember.

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What's the next question.

Q: ok can you tell me what it means in this police report when it
says he put his, or it says and put his hands behind his back?
Ms. Kagan: Objection, lack of personal knowledge.

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Judge McElroy: sustained. Why don't you ask him-

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Mr. Coughlin: You have the report, Officer, right?

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A: I have the report somewhere out there, yes.

Mr. Coughlin: No, no, it's right there in those books for you.

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A: Oh.

Judge McElroy: Please look at exhibit 65, first page.

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Q: we're talking about halfway down the page.

A: Okay, I am looking. It says stop resisting and put his hands

behind his back. I think the way he worded, it because we were asking

you to stop resisting and put your hands behind your back. When I

looked at this report-

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Q: you didn't write this, right?

A: this is the first time I've seen it when I got it. When I read this

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report it didn't make sense to me on certain parts but you know what,

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when I now read it, that's how I remember a lot of it, you know so that's

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what it basically meant.

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Judge McElroy: so what's the next question?

Q: okay do you remember anybody's saying why did you put your

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hands behind your back like that? We thought you were reaching for a

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gun in your belt or something and my saying no I was putting my

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hands behind my back so you guys would know I didn't have anything

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and you could do what you needed to do?

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A: No, because you had your hands like this.

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Judge McElroy: Record should indicate he is putting his hands in

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front of his chest.

Mr. Coughlin: right, but here it says-

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A: it took about four officers to finally pry-

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Mr. Coughlin: He wouldn't stop resisting-

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Judge McElroy: Wait, you can not talk over the witness.

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A: it took approximately all of us to pry your arms away from to

your side basically to put you finally into handcuffs. I remember that.

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Q: Does it say that here?

Ms. Kagan: Objection, relevance

A: Ha. Sigh.

Q: You are just remembering that.

Judge McElroy: Overruled.

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A: I always believe that if you didn't write it you didn't do it but I

didn't write this.
Judge McElroy: so what's the next question?
Q: ok so it does in the report that I was putting my hands behind
my back, right?

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A: no, it says we were asking you. It says right here: stop

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resisting- Oh boy. and put. stop resisting and put his hands behind

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his back. Sigh. I think he just worded it wrong.

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Judge McElroy: so what's the next question?

Q: You said I wouldn't have been arrested had I done something
quite simple, right?
A: yes.
Q: Because I didn't do anything enough to get arrested for?
Ms. Kagan: Objection, misstates the testimony.

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Judge McElroy: I'm gonna go ahead and let him ask that question.

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A: ok we just like anything else, just like a traffic citation we go

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by weather citing the person or not citing the person, discretion. In this

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case, since we work the strip when we have tourists and stuff like that

we go by discretion. Most of the people that we pull over on the Las

Vegas Strip are mostly out-of-towners. We don't cite them. That's just a

courtesy. If you would have cooperated with us, I remember Officer

Jordan stating he probably wouldn't have arrested you. You wasted so

much of our time and he had to basically work on to getting your

identification somehow, and that's the reason why he arrested you.

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Judge McElroy: okay, so whats the next question?

Q: if you handcuffed someone, would it be very hard to get their
wallet and identification if you have them handcuffed and you're able
to do what you want?

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Ms. Kagan: Objection, relevance.

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Q: Would that take that much time?

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Judge McElroy: Overruled.

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A: Go ahead.

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Q: overruled means you answer it, right?

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Judge McElroy: Ask it again.

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Q: If you handcuff someone, how much time does it take to get

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their wallet and identify them?

A: okay, here's the thing, though, it took us a long time basically. I
don't need. A second could be five minutes. Five minutes could be 10
minutes. Okay, like I said I remember all of us, all of us trying to get
your hands behind your back and before getting your wallet, we asked
you several questions. I remember the officers asking you several

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questions and you continuously spoke back, and basically repeated the

questions officers asked you.

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Q: But, I must have done more than that because we talked about
the law and stuff. That, this. We talked about the things that, thatJudge McElroy: Ask question.
Q: ok, we didn't just talk about, I didn't just repeat things, did I?

Because we talked about the law and things that made you later say I

wouldn't go anywhere and act like that, right?

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A: well this was later on with the officers talking. This is after
you've already been arrested. We spoke about that.
Q: ok, so I'm just trying to understand. I don't understand how it
takes so long to get identification.
Judge McElroy: What is the question.
Q: what kind of stuff did we talk about the law? What kind of
stuff are we talking about? Were we speaking about the law and?
A: I just remember you saying that you were an attorney student
and you knew the law. That's basically what I remember.
Q: Something like that. Something like is this a Terry stop? Or
did you have some sort of you know cause to arrestA: I don't remember it exactly. I don't remember exactly.

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Q: but you don't like it when people say stuff like that, do you?

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Ms. Kagan: Objection, argumentative.

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Judge McElroy: Sustained.

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Q: Well earlier you said that you didn't like it when people try to
tell you how to do your job?
A: I never said I don't like it.
Q: what was that comment about I wouldn't go to another town
and do that?

A: Sigh.

Q: You said I wouldn't go on vacation and tell another cop. You

didn't say I wouldn't go on vacation and tell a lawyer, which is more

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analogous to what's going on here, because it's not cop and a cop, right?

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Judge McElroy: Okay, enough already, I am sustaining the

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objection at this point.

A: I don't get what you are getting at.
Q: You said I wouldn't go and talk to a cop that way on vacation,
would you go and talk to a lawyer that way?

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Judge McElroy: I am sustaining the objection.

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Ms. Kagan: Objection, argumentative, speculative, irrelevant.

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Judge McElroy: No more question, okay. You have two more

minutes, ask relevant questions.

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A: Sigh.

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Mr. Coughlin: I don't know what's relevant about this entire

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thing? I reported it so what's relevant? Why have we spentJudge McElroy: Your behavior.
Mr. Coughlin: Spent Officer Cho's time to bring him here to ask
him about something that's-

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Judge McElroy: it's part of her case in terms of good moral

character. Move on.
Q: so, Officer, I was running when when I first saw officers, I was
already running, right?
A: yes.
Q: Okay and he said he was running and then he saw us and he
kept running.
A: Yes.
Q: what would be the opposite of that?
A: What do you mean the opposite?

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Ms. Kagan: Objection.

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Judge McElroy: Sustained.

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Q: To stop on a dime?

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Judge McElroy: Sustained, the question is finished. What's the

next question.
Q: if someone's already running and an officer say stop, that

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person isn't going to stop on a dime, right? I mean that's not like

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humanly possible right? To stop that fast?

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Ms. Kagan: Objection, speculation.

Judge McElroy: Sustained.
Q: How fast could someone stop if they're running?
Ms. Kagan: Objection, speculation.

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Judge McElroy: Sustained, its irrelevant.

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Q: If someone's running and you told him to stop-

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Judge McElroy: why are you asking a question that Ive already

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said you cannot answer? You cannot question.

Mr. Coughlin: I am asking a different.

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Judge McElroy: You can't, it's not, it's the same. Ask another
question that has not been sustained okay in terms of an objection.

Q: if someone is running and is being pursued by some other

civilians and a police officer sees this and says stop running, would you

expect that it would take the person a certain length of feet or time to

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go from an all out out run to stopping?

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Ms. Kagan: objection, irrelevant.

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Judge McElroy: sustained. What's the next question.

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Q: how far did I run after you would have expected that the
reasonable person would have been able to slow their original pace and
stop?

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A: The distance you ran, you ran from the Polo Towers, from

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where I saw you to where I stopped you, which is the shopping center, is

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going to be approximately, and that's Officer Jordan chasing after you

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along with the security officer chasing after you would be

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approximately 25 to 30 yards and what you have stated was that I

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remember Officer Jordan asking you about running and stuff like that

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later on and you have stated something about the movie theater. You

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were sneaking into the movie theaters and that's the reason why you

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thought security was chasing you because you were, you don't pay to go

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into the movie theaters but you're watching movies without paying for

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it going into theater. What I didn't understand was your running

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southbound from the polo towers on towards the shopping center. The

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movie theater is at the South. You were actually running towards the

movie theater. That's what I couldn't understand because there's no

movie theater on the north of where you were running from. That's

what I didn't understand. So I remember you know that the specific

area you're talking about so you ran approximately twenty-five to

thirty, thirty yards.

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Q: from being at a complete run, a complete sprint, originally, to

hearing stop, to stopping and being tackled?
A: You didn't stop.

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Judge McElroy: What's the question.

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Q: Right before I was tackled did I put my hands in the air?

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A: No, you went to the ground.

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Judge McElroy: what's the next question.

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Q: so when I was tackled was I still running when I was tackled?

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A: how could you still be running? No, you went to the ground.

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Q: right before I was tackled?

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A: right before you were-

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Q: Right before impact? Was I running or had I stopped running?

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A: I don't remember, all I remember was you were still running

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and I tackled you while you were still running.

Q: Wait is that you don't remember or that I was still running?
A: I don't remember you just stopping and doing this.
Q: you don't remember that all? I'm confused because one second
ago you don't, he said I don't remember if you were still running, and

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then in the next sentence he said you were still running and I tackled

you.

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A: I'm confused because you're changing the words around. You

were still running when I tackled you. You did not stop and do this.
Judge McElroy: Okay, so it's clear to the court-

A: I would never have tackled you if you would have-

Judge McElroy: You did not stop and raise your hands. You were

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tackled while you were running, okay? I don't need to hear any more,
move on.
Q: didn't you just say that you were not sure whether or not I was
running before I got tackled?
Ms. Kagan: Objection, asked and answered.
Judge McElroy: sustained, no more questions in this area. Four
o'clock.

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Q: Do you recall an officer making fun of my shoes?

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A: no, I don't.

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Q: do you recall an officer making any jokes at my expense?

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A: No, I don't.

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Q: Do you recall a woman officer who was there?

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A: Black? White? Hispanic?

Q: Yeah. A black woman officer. Who was that?

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A: That was my sergeant at the time.

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Q: what's her name?

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A: Goode. She is a lieutenant now.

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Q: You don't recall her making jokes about my shoes and the way I

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ran?
A: No.
Q: Do you recall her taking a flashlight and putting it five inches
from my face and leaving it there for several minutes?

Ms. Kagan: Objection, relevance.

Judge McElroy: I'm gonna go ahead and let him answer the

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question.
A: No, I don't.
Q: did you play football in high school?

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A: yes, I did

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Ms. Kagan: objection, relevance.

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Judge McElroy: Too late.

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Q: You played football? A sport where you tackled people a lot,

right?

Ms. Kagan: Objection, relevance.

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Judge McElroy: Sustained.

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A: Ha.

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Q: That didn't have anything? You wouldn't have a propensity to

tackle people, right? Its not like you are living out high school football
again, right?
Judge McElroy: I have sustained the objection.

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A: Ha.

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Q: that's not it, right?

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Judge McElroy: ask a new question.

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Q: what position did you play?

Ms. Kagan: Objection, relevance.

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A: Ha.

Judge McElroy: Sustained. No more questions in this area.

Mr. Coughlin: Doesn't it show a propensity towards tackling

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people?
Judge McElroy: it's sustained. Move on. Don't argue with me.
Mr. Coughlin: well, I don't even know why we're talking to
Officer Cho in the first place, soJudge McElroy: So then why don't you just quit asking questions
about it? Why are you emphasizing?
Mr. Coughlin: can you tell me why and maybe then if I have any
important questions I'll ask themJudge McElroy: No, you are an attorney. You are a Nevada
attorney, you should know better.
Mr. Coughlin: I am a Nevada or Novota?
Judge McElroy: Okay, anyway are you finished with your crossexamination? I'm going to say you have. Do you have any redirect?
Ms. Kagan: No, Your Honor.
Judge McElroy: Okay, you may step down. Let's see if we have any
more witnesses. You can go.
(End)

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5/10/07 Transcript:

Judge McElroy: We're on the record this is a matter Zachary

Coughlin case number 06-M-13755 and today's date is May 10 th, 2007 and

it is the third day the hearing and are you ready to call your next

witness?

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Ms. Kagan: State Bar calls Mike Toms to the stand.

(The oath was administered to Michael Wayne Toms.)
By Ms. Kagan:
Q: Morning Mr. Toms, are you currently employed?
A: Yes.

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Q: Where?

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A: at the Sacramento County District Attorney laboratory of

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Forensic Services, my title is supervising criminologist

Q: How long have you been employed as supervising criminologist
A: For approximately a month now.

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Q: What about before that before that.

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A: I was a criminologist for six years at the same laboratory. Prior

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to that I was a criminologist for six years at the Santa Clara county

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laboratory forensic services and prior to that I worked for a private

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forensic laboratory known as Drug Detection Laboratory for three-and-

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a-half years.

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Q: Do you have any special certifications or degrees.

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A: Well I have a bachelor's of science in forensic science and

minor in chemistry from Sacramento State University I've completed

court-

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Mr. Coughlin: Objection, Your Honor, relevance.

Judge McElroy: Overruled.
A: I've completed courses from the Federal Bureau of

Investigation's, the Drug Enforcement Administration, the society of

forensic toxicologists the University of Indiana or of Santa Cruz

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dealing with the effects pharmacology of the various drugs.

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Q: In your position currently, what are your job duties.

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A: Well currently supervised 10 forensic analysts that analyzed

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Blood, urine, biological tissues and fluids and solids or substances for

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the presence of toxic substances or illicit compounds.

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Q: What about in 2003 what were your job duties then.

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A: In 2003 I was working with the same laboratory I was a-

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Mr. Coughlin: Objection, Your Honor, relevance if we're worried

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about time I don't see where or what we're doing with this.
Judge McElroy: Its overruled.
Mr. Coughlin: All right. Can I go on and on with stuff and not
show you what I am doing with it forJudge McElroy: You can do whatever you want when your turn
comes up, which is known as cross-examination.
Mr. Coughlin: Okay, good. Just as long as I can.
Judge McElroy: You are a lawyer, you should know better.

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Mr. Coughlin: Yeah, I do know that.

Judge McElroy: And I am beginning to find that-

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Mr. Coughlin: Just as long as I can go on and on with stuff where

we don't know where its going and take up a lot of time that wayJudge McElroy: My sense is you have no idea how to act like a
lawyer, but let's go on.

Mr. Coughlin: Well, I did go to UNLV, so.

A: Prior to that I was a criminologist and I worked in the forensic

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toxicology section of laboratory which also included the alcohol section

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as well.

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Q: Okay. I'd like you to turn to what in the exhibit binder is

marked as Exhibit 68, it's a two-page exhibit could you look at both
pages please? Do you recognize Exhibit 68?

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A: yes.

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Q: How do you recognize it?

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A: It's a toxicology report and the alcohol analysis report from the

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laboratory forensic services of Sacramento County.

Q: can you explain what's contained on page 1 of Exhibit 68?

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A: Yes, it's a toxicology report by criminologist Lisa Caughlin and

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reviewed by criminologist Debby Henry. The results of the testing that

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were performed included the presence of 11-nor-9-carboxy-THC and

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hydrocodone.

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Q: Can you explain what those two substances are?

A: 11-nor-

9-carboxy-THC is an inactive metabolite of marijuana from use of

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marijuana and hydrocodone is also commonly known as Vicodin, its a

prescription narcotic for pain relief.

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Q: Is there anything else that 11-nor-9-carboxy-THC could be

other than marijuana?
A: Well it's actually a metabolite of marijuana. That's what the
body converts it into so the person would have had to have ingested
marijuana at some point in time for their urine to contain this
compound.
Q: Can you tell from this report when the person ingested

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marijuana?

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A: No.

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Q: Do you have any idea from your own experience what-

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Mr. Coughlin: Objection, Your Honor, relevancy.

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Judge McElroy: Overruled.

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Q: When a person in order to test with these substances detected

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and confirmed, of the amount of marijuana that someone would have to

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ingest?

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A: No, you wouldn't be able to tell the amount all you could do is
talk about the range of time that a person possibly used within.
Q: What is that range of time?

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A: Typically marijuana, this particular compound, 11-nor-9-

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carboxy-THC, can be detected one to three days after use. If a person is

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a chronic user then it can be as much as 60 days if they use it

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chronically.

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Ms. Kagan: I have no further questions at this time.

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Judge McElroy: Cross-examination?

Q: You say 60 days?

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A: 60 days would be an extreme for somebody who chronically

uses the drug.
Q: Mr. Toms, what would be someone you say one to three days for
someone who has used it maybe what like once or twice?
A: An infrequent user to use it maybe once a week smaller small

doses depends on your body chemistry t-this this particular compounds

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are lipophilic drug means that it likes to store in fat in the body fat so

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it can be released later on so if you're a heavy user then it could store in

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in your system for a long period of time.

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Q: You said someone would have had to ingest marijuana, can you
tell me what that means?
A: They could have eaten it or smoked.
Q: Could they have been in the same room as people smoking
marijuana?
A: At the level that was detected in this particular sample there

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has been studies that show passive inhalation as a possibility somebody

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could have a level of that but the scenario that was performed was

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unrealistic, it was several people sitting in a car sized area, and there

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was so much smoke-

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Mr. Coughlin: A car, you say?

Judge McElroy: Please don't disrupt an answer. Let him finish
his answer.

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A: There was so much smoke pumped into the area that the

participants had to wear goggles so to get these this type of a level

that's a pretty unrealistic scenario.

Q: Why did they wear goggles?

A: Because it was so much smoke pumped into the room that they

weren't smoking that they weren't actively like puffing on they were

just sitting in the room.

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Q: Would they've gone blind if they hadn't worn goggles?

A: No but their eyes were irritated and that's why they they
requested goggles.
Q: Would their eyes have gotten red? Is that what you mean by
irritated?
A: yes certainly.
Q: Okay but there's nothing more substantial than that?
A: No I would say thats everything.

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Q: So maybe wearing goggles is a little melodramatic?

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A: No, it's actually important to know that because it lets you

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know how much smoke was piled into this small area, which makes it

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the unrealistic scenario that I spoke of.

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Q: And these people were Californians?

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A: I have no idea.

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Ms. Kagan: Objection.

Judge McElroy: Overruled. It's already come in, the answer he had
no idea whether they were Californians.

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Q: Can you tell me would these people wear goggles if were

cigarettes being smoked in the car?
Ms. Kagan: Objection, relevance.
Judge McElroy: I'm gonna go ahead and let him answer.
A: I don't know if there was cigarettes being smoked in the car but
it wasn't mentioned in the scientific study so I would say no.
Q: That's not what I, I'm not sure you understand my question. I'm
asking let's say there is not marijuana in the car and they're just for

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some reason they're testing cigarettes or something and there's several

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people in a car and some of them are smoking. Would you have

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provided goggles in that case.

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Ms. Kagan: Objection, relevance.

Judge McElroy: (laughing) I am going to go ahead and let him, for
the record.
A: Well if they put enough smoke in there that would irritate the

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eyes of the people and they requested goggles I would I would tend to

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give them goggles yes.

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Q: Ok so it's maybe nothing specific to marijuana that you need

goggle, it's just smoke?
A: No. Irritation to the eyes, it was just a way for me to describe to
you how much smoke was in this confined space.
Q: Ok and can you tell me what this 11-nor-9-carboxy-THC is? Is
that just saying there's this chemical in this person's urine, or is that
saying there's this level of chemical? Does it specify a level?

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A: Not on this report but I did bring the chromatogram that has
the quantitative value.
Mr. Coughlin: Ok, was this chromatogram propounded earlier to

opposing counsel? Because if not I'd like to object on the basis of

hearsay.

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Judge McElroy: What's your question? You are the one that asked
the question and you got an answer.
Mr. Coughlin: And he responded referring to a document

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presumably that I've never been provided with a chromatogram and as

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far as I can tell it hasn't been propounded, it hasn't been put into

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evidence, and it hasn't been designated as an exhibit.

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Judge McElroy: Do you have that document with you?

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A: Yes. (sound of papers being passed)

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Mr. Coughlin: I object to entering that document at this stage in

the trial.

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Judge McElroy: You opened up the question.

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Mr. Coughlin: Can I come up with documents and witnesses out of

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the blue right now would that be all right too?

Judge McElroy: If the State Bar prosecutor brought it up, you
certainly could.
A: Do you want me to give you the complete packet or just the one?

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Judge McElroy: What are you referring to, what did you?

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Mr. Coughlin: I'm not sure.

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Judge McElroy: Okay, why don't we ask another question then?

Are you going to withdraw that question?

304/486 Complete Transcript of Trial 06-M-13755

Mr. Coughlin: Sure.

Judge McElroy: Okay, the question is withdrawn.

Mr. Coughlin: I have nothing further.

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Judge McElroy: Okay, do you have anything further?

Ms. Kagan: No.

Judge McElroy: Thank you may step down.

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Mr. Coughlin: Good use of time, good use time and money. That's
good.
Ms. Kagan: Your Honor I would ask that Mr. Coughlin be

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refrained from making some remarks (laughs) other than his

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questioning.

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Judge McElroy: Mr. Coughlin, I asked you a number of times to

refrain from making remarks.
Mr. Coughlin: And I ask that Ms. Kagan be refrained from
making remarks and histrionics.
Judge McElroy: Okay
Mr. Coughlin: Can we? Can we? Thanks. I just don't understand

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why he's being called. What did that accomplish? It took 30 minutes.

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Are you getting paid by the witness?

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Judge McElroy: For the record it's accomplishing you had you had

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you asserted in your application that you were not under the influence

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of marijuana right? The State Bar is entitled to bring witnesses that

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say that you were under the influence of marijuana, it's quite simple.

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Mr. Coughlin: But that didn't prove, that didn't speak to that at
all. It just spoke to what we already knew.

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Judge McElroy: I am not going to argue you can make that in

your closing argument.
Mr. Coughlin: We already had marijuana in this report that was
submitted, so what did it accomplish?
Judge McElroy: There should have been a stipulation the parties
did not enter into a stipulation. When parties don't enter into a
stipulation, then the State Bar has to put on all their witnesses as you
do too, okay?

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Mr. Coughlin: Could they have just referred to this report?

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Judge McElroy: Its hearsay without the witness coming in. So

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(laughs) who's your next witness.

Ms. Kagan: I recall Mr. Coughlin.
Judge McElroy: Mr. Coughlin please take the stand can.

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Mr. Coughlin: Can I call Ms. Kagan to the stand?

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Judge McElroy: She is not on trial you are.

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Mr. Coughlin: But I'm not asking for her to be on trial. So I won't

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be able to call her as a witness?

Judge McElroy: No.

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Mr. Coughlin: Seems symmetrical.

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Judge McElroy: Mr. Coughlin do you understand that you're

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under oath or do you want to take the oath again?

Mr. Coughlin: I understand I am under oath.
Judge McElroy: Thank you.
By Ms. Kagan:

306/486 Complete Transcript of Trial 06-M-13755

Q: Mr. Coughlin, do you currently consume alcohol?

Mr. Coughlin: Objection.

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Judge McElroy: Its overruled.

Mr. Coughlin: I object on basis of confidentiality, privilege-

Judge McElroy: Its overruled.

Mr. Coughlin: I am not sure I understand your question.

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Q: Do you currently consume alcohol, do you currently drink

alcohol?

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A: I am currently drinking water.

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Q: Have you had a drink of alcohol in the past year.

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A: I don't believe so.

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Q: when is the last time you had a drink of alcohol?

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A: I am not sure.

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Q: Isn't it true that you told up the LAP program that the last

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time you had alcohol was January 2003?

A: I am not sure.
Q: Let's turn to Exhibit 71.

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Mr. Coughlin: Objection, relevance.

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Judge McElroy: Overruled.

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Mr. Coughlin: And this exhibit has been authenticated, or?

Ms. Kagan: You stipulated to it, Mr. Coughlin.

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Mr. Coughlin: I did?

Ms. Kagan: No, I'm sorry, you didn't stipulate. It has been

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admitted into evidence.

Mr. Coughlin: At what point did it become admitted?
Ms. Kagan: During the first day of trial.

Mr. Coughlin: When we went through the exhibits?

Ms. Kagan: Yes.

Mr. Coughlin: Because I don't remember going through this one.

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Judge McElroy: Exhibit 72 was admitted pages 33 to 57.

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Ms. Kagan: Turn to page 52.

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Mr. Coughlin: Okay so we're just doing? Your honor, I'd like to

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stipulate to have the entire exhibit admitted then.

Judge McElroy: Objection?
Ms. Kagan: No, Your Honor.
Judge McElroy: Then Exhibit 72 is admitted into evidence in its
entirety.
Q: are you on Exhibit 72 page 52.
A: yes, I am.
Q: Under section F, it says I've been sober since January 28 th, 2003
correct?

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A: I believe it says that. So what page is that?

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Q: Page 52. So let's just get this straight pages 31 through 57 is

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that your LAP intake questionnaire?

A: I'm not sure well.

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Ms. Kagan: Well it says page 31 it says LAP intake questionnaire

correct?
Mr. Coughlin: Right, but I don't know that you haven't doctored
this or done something else with it.
Ms. Kagan: Well, at the top it says: note, please use with typed
responses on separate pages, correct?
Mr. Coughlin: I can't read that. The handwriting is kind of
sloppy.
Ms. Kagan: And its dated 6/28/05, please tell us about yourself
name is Zachary Coughlin, correct?
Mr. Coughlin: I think that's what it says.
Q: Is that your handwriting Mr. Coughlin?

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A: I am not sure.

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Q: Do you think somebody else submitted this on your behalf?

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Mr. Coughlin: Objection, calls for speculation.

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Judge McElroy: Overruled.

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A: Okay, I'm not sure, Susan.

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Q: So, I'd like you to review the document pages 31-

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Mr. Coughlin: This confidential questionnaire?

Q: Pages 31 to 57 and let me know if this is something that you
turned into LAP.
A: Sure I remember LAP made a big deal about how they had this
confidential program, and this confidential questionnaire, and so I

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believe I did fill out a confidential questionnaire for their confidential

program at some point, and this might be it.

Q: Okay, if you could just review that document first and let me

know whether or not that's something you turned into LAP, and then I

will go on to something else.

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A: I'm not sure whether or not this something I turned in to LAP,

Susan.
Q: Okay I'd like you can turn to Exhibit 49 very quickly and

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Exhibit 49 is entitled Authorization for disclosure and release of

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information signed Zach Coughlin dated June 24 th, 2005. Is this

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something that you filled out, Mr. Coughlin?

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A: I believe so.

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Q: And this says at the top: I, Zach Coughlin hereby authorize the

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lawyer assistance program of the State Bar of California (hereinafter

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LAP) or program to disclose and or obtain information or files or

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records pertaining to me including information files or records

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concerning drug/alcohol treatment or use, psychiatric treatment,

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AIDS/HIV and other communicable communicable diseases, test

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results and or diagnosis and treatment with the State Bar of California

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Committee of Bar Examiners, correct?

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A: I'm not sure this says it's good for one year from 6/24/05, so I
guess it's no longer good or?

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Q: But was it good at the time that you signed it, Mr. Coughlin.

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A: I don't know.

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Q: But you did provide this to LAP?

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A: Mmmmm. I think so?

Q: And in fact you provided a renewed authorization on April 20 th

of this year didn't you?

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A: I'm not sure. I remember you making a lot of threats if I didn't,

but, very coercive type behavior on your part.
Q: What I'd like to do is turn back to the original Exhibit 72 and

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go back to page 52A: Objection, Your Honor.

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Judge McElroy: What is the objection?

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Mr. Coughlin: Well, I just don't see a release for all this
information, and its past that-

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Judge McElroy: Its been released, go ahead. Its overruled.

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Mr. Coughlin: Its been released?

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Judge McElroy: The objection is overruled.

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Mr. Coughlin: Can you tell me where the release is though?

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Judge McElroy: Its overruled.

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Mr. Coughlin: So, I don't get to know where the release is?

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Judge McElroy: No. You need to figure that out on your own.

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Mr. Coughlin: Do we not need to have a release for that

confidential program?
Judge McElroy: I'm not answering the question. I'm not here on

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trial.
Mr. Coughlin: Okay, so just let the record state that we don't know
where the release is.

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Ms. Kagan: Mr. Coughlin, are you stating right now that you
didn't provide a release dated April 20th, 2007 to the State Bar.
Mr. Coughlin: I'm not sure.
Judge McElroy: Let's just go ahead with the next question in
terms ofQ: Now I pointed you to some language on page 52: I've been

sober since January 28th, 2003. Was that a true statement when you

made it, Mr. Coughlin?

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A: I'm not sure.

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Q: Do you have a date of sobriety?

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A: I'm not sure.

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Q: Now, Mr. Coughlin, you testified earlier-

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Mr. Coughlin: And, can you define what you mean by sobriety?

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Q: When is the last date you drank alcohol, Mr. Coughlin?

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Mr. Coughlin: That's what you mean by sobriety?

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Ms. Kagan: Indeed.

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Mr. Coughlin: That is your definition of sobriety? I'm not sure.

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Q: Did you drink alcohol in 2007?

A: Not that I remember.

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Q: Did you drink alcohol in 2006?

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A: I'm not sure.

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Q: Did you drink alcohol in 2005?

A: I am not sure.

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Q: Did you drink alcohol- well let me let me go through this for a
second. You lived atMr. Coughlin: Objection Your Honor if I tell her I'm not sure and

she wants to go year by year, isn't that badgering the witness or

repetitive?

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Judge McElroy: Not yet.

Q: Mr. Coughlin, did you drink alcohol in 2004?

Mr. Coughlin: Objection, Your Honor, badgering the witness.

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Judge McElroy: overruled.

Mr. Coughlin: what year was that?

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Ms. Kagan: 2004.

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Mr. Coughlin: did I do what?

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Ms. Kagan: drink alcohol?

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Mr. Coughlin: Can you define to me what you mean by drink

alcohol?
Ms. Kagan: Did you (laughs) you know I am a little flustered. You
have a question about what to drink alcohol means?
Mr. Coughlin: Yeah, like, say there's rum raisin ice cream and
there's alcohol in that and you ingest it, is that drinking alcohol?
Ms. Kagan: Well, Mr. Coughlin, do you believe that's drinking
alcohol?
Mr. Coughlin: Well, I'm asking you that, Ms. Kagan.
Judge McElroy: Okay, she's to ask the questions its direct
examination, you are not to ask her any question.

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Mr. Coughlin: I am trying to understand what she is asking. I

don't understand your question, then. I don't know if mouthwash with

alcohol in it, if you consume that, and if it seeps into the membranes in

your mouth, if that is drinking, I don't know, so.

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Q: Okay let's go through, so in the pastMr. Coughlin: Not to say I did that but Id like to know whether or
not that amounts toQ: In that past three years have you consumed any beer?

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A: I don't think so. I am not sure.

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Q: In the past four years have you consumed any wine?

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A: I am not sure.

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Q: In the past four years have you smoked or ingested marijuana?

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A: I'm not sure.

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Q: In the past four years did you ever keep alcohol-

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Mr. Coughlin: And I object, Your Honor, on the basis of-

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Judge McElroy: Overruled.

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Mr. Coughlin: So, I don't even get to say what the basis is? That's,

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that's what's up, right?

Judge McElroy: Sure, what's the basis?
Mr. Coughlin: Nah, never mind.

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Judge McElroy: Okay, next question.

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Mr. Coughlin: Oh, well, the basis is the Fifth Amendment.

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Judge McElroy: Its overruled.

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Mr. Coughlin: Okay, so I am on the stand, but I don't have a

constitutional right.
Judge McElroy: No.
Mr. Coughlin: Say, if she asked me: did you murder this person? To
not incriminate myself. I don't have that constitutional right?

Judge McElroy: That's not the question.

Mr. Coughlin: But, any question that involves incrimination?

Judge McElroy: Mr. Coughlin.

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Mr. Coughlin: I'm just wondering if the Fifth Amendment still

applies in this country.

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Judge McElroy: You understand what a court procedure is.

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Mr. Coughlin: I think it's something that the Constitution

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attaches to, I think?

Judge McElroy: Okay, great. Okay, the next question?
Mr. Coughlin: I don't know. Does the constitution attach to this?

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Judge McElroy: Next question.

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Q: Did you drink wine in the past four years?

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A: I'm not sure.

Q: In the past four years, did you keep any alcohol in your
residence?

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A: I can't remember.

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Q: Did you keep any drug paraphernalia in your residence in the

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past four years?

Mr. Coughlin: Objection, relevancy.

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Judge McElroy: Overruled.

A: I wouldn't know. I don't keep track of everything that is in my

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residence.
Q: You lived at 1255 Jones Street Apartment 132 in Reno, Nevada
from October 2004 through April 2006, correct?

Mr. Coughlin: I don't know what do you mean by lived there?

Ms. Kagan: do you have a question about what lived means?

Mr. Coughlin: Yeah, what do you mean by it?

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Q: Was that your residence?

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A: I'm not sure.

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Q: Let's turn to Exhibit 3 page 2, are you going to turn to that

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exhibit?
Mr. Coughlin: No, why don't you just go ahead and read it for me?
Q: Well this is your update to the State Bar dated February 15 th,
2007, and on page 2, it says October 2004 through April 2006, 1255 Jones
number 132 Reno, NV 89503, and that's under residents history. Was
that a true statement?

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Mr. Coughlin: Well, you asked me if I lived there right?

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Ms. Kagan: I asked if that was your residence.

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Mr. Coughlin: I don't remember you asking that question.

Judge McElroy: Well the question now is-

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M and K in perfect unison: What that your residence?

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A: Was that my residence at that time? I think so.

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Q: And you lived alone at that residence correct?

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A: I don't know that you could say that, I had people stay over at
different times.
Ms. Kagan: Mr. Coughlin, when I asked you that same question
your deposition you testified that you lived alone at that address.
Mr. Coughlin: Well that depends what you mean by lived.

Judge McElroy: Why don't you go on to the next question?

Mr. Coughlin: Can I use the restroom?

Judge McElroy: You have five-minutes.

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Mr. Coughlin: Great, thanks so much.

Judge McElroy: Back on the record, resuming with the direct
examination of Mr. Coughlin.
Q: I just want to direct your attention Mr. Coughlin to Exhibit 57-

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page 108 when you're asked about the unlawful detainer actions that

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took place on Jones Street. Question: did you have a roommate at the

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time? Answer: No.

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Question: you were living alone? Answer: yes, I was.:

Mr. Coughlin: Do you have a question?
Q: That's what you stated at deposition, that's what you testified

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at your deposition correct?

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A: I'm not sure.

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Q: Now, I'd like to talk about the eviction that took place at 1255
Jones street apartment 132Mr. Coughlin: But that certainly doesn't mean that I don't have
people over-

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Q: Can you describe what occurred regarding that eviction?

A: No.

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Q: Were you provided notice of that eviction, Mr. Coughlin?

A: I am not sure.

Q: Let's turn to Exhibit 63 please.

Mr. Coughlin: Objection, Your Honor, relevancy.

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Judge McElroy: Overruled.

Q: Exhibit 63 has to do with the unlawful detainer that happened
at 1255 Jones street apartment 132 correct?

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Mr. Coughlin: I'm not sure it's your exhibit.

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Q: Page 2 to that exhibit in the Justice Court of Reno township in

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and for the County of Washoe, State of Nevada, River Arms

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Apartments-

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Mr. Coughlin: Objection, can we call it Nevada, because I'm not

calling this Califainia, you know.

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Judge McElroy: Its Nevada.

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Mr. Coughlin: Its Nevada. Can you say that? Can you make those

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sounds with your mouth?

Q: Case number REV-2006-00909, now you already testified that
you wereMr. Coughlin: Where was this? What state was this in?

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Q: You already testified that this unlawful detainer did occur.

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Mr. Coughlin: Where?

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Judge McElroy: The court is going to issue a warning to you if you

do not act and comport yourself in accordance with a lawyer then I'm

going to ask that you be- I'm going to remove you from this courtroom,

okay, so let's answer a question to the best of your ability:

Mr. Coughlin: I'm not sure I know what you mean, Your Honor,

but okay? Its like the standard for obscenity, you kind of know it when

you see it, what's a lawyer and what's not a lawyer?

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Judge McElroy: Yes.

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Mr. Coughlin: Like if someone had gold teeth and cornrows?

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Judge McElroy: Yes.

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Mr. Coughlin: and walked in with gold chains then they would

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not be a lawyer right?

Ms. Kagan: Mr. Coughlin there is no question pending.

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Judge McElroy: What is the next question?

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Q: Now, you already testified earlier that you were I mean there

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was an unlawful detainer action against you in this case correct?

A: I don't remember Rings a bell?
Q: However at your deposition you testified that you didn't get
notice of this unlawful detainer action or eviction, but you had to leave
on the 19th when an officer came to your residence to evict you correct?

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A: I am no sure out that.

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Q: Exhibit 57-page 99 when a question line starting with 19 what

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happened in the process of the eviction?

Mr. Coughlin: This is page 99 you are talking about?

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Ms. Kagan: Page 99, Exhibit 57, line 19 what happened in

Mr. Coughlin: 57? Page 99?

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Ms. Kagan: Exhibit 57.

Mr. Coughlin: Bate-stamp 99? Because mine only go up to 51. Are

you talking about the court reporter's page numbers?

Ms. Kagan: Page 99 of the deposition transcript.

Mr. Coughlin: Okay because you're not going by bates stamps.

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Judge McElroy: Could you read into the record the deposition
transcript?
Ms. Kagan: Yes, I'm sorry it is line 19 question what happened in

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the process of the eviction answer I was evicted question were you

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physically removed from the premises answer an officer came to my

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premises and told me I was being evicted which I didn't that was the

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first I heard of that I didn't know that something happened with the

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notice such that I didn't get it or wasn't aware I hadn't opened the letter

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I'm not sure and so on the nineteenth of that month when the officers

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showed up and said you're evicted I did have to leave on that day

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question and this is going on to page 100 starting line 5 was that the

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same residence that was the subject of two unlawful detainer actions

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against you answer I believe so yes question and those and are those the

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unlawful detainer actions of the River Arms Apartments was the

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residence called River Arms Apartments answer yes skipping down to

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page 101 starting on Line six when did you first become question when

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did you first become aware of the judgment answer I'm not sure I don't

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know that by being aware that I'm evicted I know that there's a

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judgment I didn't understand that and in your application that you

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filed that was probably the first time I was aware that there was an

actual case number and that they had won a judgment against me. Now

I'd like to return back to page Exhibit 63 and on page four are you

looking at Exhibit 63, Mr. Coughlin?

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A: Yes, Susan.
Q: Please turn to Page 4, an affidavit of service and it states Mark
Stroess being first duly sworn deposes and says that affiance is a citizen
of the United States over 18 years of age not a party to the within
entered action and that in the County of Washoe State of Nevada
personally served that described document upon person served, Zachary
Coughlin, by serving posted locations 1255 Jones Street Number 132
Reno, Nevada date

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April 19th, 2006 time 12:41 pm Mr. Coughlin was that notice which is

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reflected on page two of the same exhibit posted on your door at 132?

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Mr. Coughlin: I don't know.

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Ms. Kagan: May I approach Your Honor?

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Judge McElroy: Sure.

Ms. Kagan: Here is Exhibit 73, the photos. And let the record

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reflect that I am taking the originals of Exhibits 73 A through M. Mr.

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Coughlin, I'm going to show you what's marked as Exhibit 73?

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Mr. Coughlin: This is A through M?

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Ms. Kagan: Yes.

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Mr. Coughlin: Because, its not up in here.

Ms. Kagan: Yes, I have it right in my hand.

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Mr. Coughlin: But why isn't it in here? I see N and O, but I don't
see A, B, C, D all the way to the M?
Ms. Kagan: Mr. Coughlin, I'm handing you a picture that is of a
door numbered 132 with an eviction order on it.
Mr. Coughlin: Objection, I haven't been provided with this. I don't
know how I prepare for trial against this.

Judge McElroy: Has he been provided with these documents?

Ms. Kagan: No, this is impeachment, Your Honor.

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Judge McElroy: Okay.

Mr. Coughlin: I object. How can you not provide this stuff and
then show up on the day of the trial, you know?

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Judge McElroy: Its overruled.

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Ms. Kagan: Let the record reflect that I am showing Your Honor

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Exhibit 73A. Mr. Coughlin, let the record reflect thatMr. Coughlin: Why didn't I get a copy of these exhibits that you
keep bringing up? Why didn't I get a copy of them?
Ms. Kagan: This is impeachment, Mr. Coughlin.

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Mr. Coughlin: So that doesn't mean you don't provide them.

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Judge McElroy: You are getting a copy now, you're looking at it.

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Mr. Coughlin: Well then I request- whatever.

Q: Do you recognize Exhibit 73a?

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A: No.

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Q: Isn't that your door that you lived at at Jones Street? The one

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you were evicted from?

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A: I don't know it could be a door you've doctored up in Photoshop

or I don't know what it is-I'll keep this.
Ms. Kagan: Actually that's the original, I will give you a copy.
Mr. Coughlin: Okay, I'll give you a copy.

Judge McElroy: Please give her back the original.

Mr. Coughlin: Well, I don't get to give her a copy?

Judge McElroy: You will get a copy.

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Mr. Coughlin: Eventually? After the trials over, maybe I'll get a
copy to prepare for it? Is that, is that the case? Good, that sounds fair.
Ms. Kagan: Let the record reflect that I'm giving Mr. Coughlin a
copy of Exhibits 73a threw 73m.

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Mr. Coughlin: For the first time on the third day of trial?

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Ms. Kagan: I'm showing you what's been marked as Exhibit 73B,

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let the record reflect I am showing Your Honor. Mr. Coughlin, this is

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Exhibit 73B and in this exhibit of the inside of Apartment 132, there's a

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book, you can see a binder with the name of Hale Lane on it. Do you

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recognize this exhibit?

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Mr. Coughlin: Which one was that?

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Ms. Kagan: 73B.

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Mr. Coughlin: Which one one here? Can you do these by number?

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Ms. Kagan: I'm showing you the original, Mr. Coughlin.

Mr. Coughlin: but Id like to have it A through B so I can refer to
them.

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Ms. Kagan: Mr. Coughlin, I'm showing you the original they are
marked on the back.
Mr. Coughlin: Ok 73b you say, what about them?
Q: Do you recognize this exhibit.
A: No. Well, I mean, I was just provided with it, I don't know how
I could recognize it.

Judge McElroy: Why don't you take some time to look at it.

Q: Now do you recognize it?

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A: No.

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Q: Is your apartment?

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A: I'm not sure.

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Q: But you do see that there's a Hale Lane booklet in the picture,

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on the table?
A: I can't read that.

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Q: But you did work at the law firm of Hale Lane, correct?

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A: Yes, I did.

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Mr. Coughlin: Objection, have these been authenticated yet?

Ms. Kagan: I haven't offered them into evidence yet.
Mr. Coughlin: How can they be presented if they have not been
offered into evidence?
Judge McElroy: You are to look at them. They haven't been,
they're not in evidence, yet.
Mr. Coughlin: they're not in evidence? But, they are in your
courtroom and we are talking about them?

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Judge McElroy: Yes.

Mr. Coughlin: Objection, they are not authenticated.

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Ms. Kagan: Mr. Coughlin, I would like you-

Judge McElroy: Its overruled.

Mr. Coughlin: Objection, relevance.

Judge McElroy: Overruled.

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Mr. Coughlin: Objection, foundation.

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Judge McElroy: Overruled.

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Ms. Kagan: Let the record reflect that I'm showing Your Honor

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Exhibit 73C. Mr. Coughlin, I'm showing you what's been marked

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Exhibit 73C which is a photo of alcoholic beverages, bottles as well as a

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blue bong. Do you recognize Exhibit 73C.

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Mr. Coughlin: I object to your characterizations of those and no I

don't recognize them.
Ms. Kagan: Take a minute to look at those.
Mr. Coughlin: I see empty bottles, see a drum set. I don't know
what I don't know what the blue thing is.
Q: Do you recognize this exhibit?
A: No. I haven't been provided with that exhibit either, so.
Ms. Kagan: Well you have it right in front of you now. Was this
kept in your apartment at 1255Mr. Coughlin: I don't even know that this is my apartment, this is
some picture-

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Judge McElroy: The record should reflect he's denying it's his
apartmentMr. Coughlin: No, I, said I don't know that it's my apartment.
Judge McElroy: So if you want to put those into evidence they are
going to have to be authenticated. Obviously he's not going to
authenticate them.
Ms. Kagan: Let the record reflect I'm handing the originals back
to the Court Administrator.
Mr. Coughlin: So how can they be not be in evidence if she's
showing them to you?
Judge McElroy: They're not into evidence. They don't become part
of this trial.
Mr. Coughlin: So you just don't? Okay, so I can show something to
a jury and its not in evidence?
Judge McElroy: What I'm saying- In writing my decision this will

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not be part of the evidence, it's not admitted into evidence and unless

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she gets someone to authenticate it because you've obviously said you

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don't know whether it's your apartment or not.

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Mr. Coughlin: Can I use the restroom, Your Honor.

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Judge McElroy: No, you can't. What is the next question.

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Mr. Coughlin: Well, I do need to use it, so, if there is some point in
the near future when I could?

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Judge McElroy: Can you hold on for 15 minutes?

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Mr. Coughlin: That would be pushing it.

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Judge McElroy: Okay, let's push it. What's the next question?

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Mr. Coughlin: Actually, I don't think I can Your Honor, it won't

be long.
Judge McElroy: Five seconds.
Mr. Coughlin: Five seconds? Okay.

Judge McElroy: back on the record.

Ms. Kagan: Turn to Exhibit 3, Mr. Coughlin, Page 4, under section

8.1 credentials and licenses, you state three lines down: licensed as a

patent agent since May of 2003, pares, though upon becoming an

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attorney that may now be classified as a patent attorney, correct?

Mr. Coughlin: Objection, relevance, importance, whatever,
whatever.
Judge McElroy: Overruled.

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A: I don't know, is that what it says?

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Ms. Kagan: I'd like you to turn to Exhibit 74, page 2 of that

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exhibit is a printout from the United States Patent and Trademark

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Office and it says last name Coughlin, first name Zachary-

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Mr. Coughlin: This is Exhibit 74?

Ms. Kagan: 74, page 2.

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Mr. Coughlin: Objection, foundation, authentication.

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Ms. Kagan: I haven't put it into evidence yet, Your Honor.

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Mr. Coughlin: Well, then put it into evidence.

Judge McElroy: Okay, she hasn't put it into evidence. You need to
look at it, Exhibit 74.

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Mr. Coughlin: I don't understand why things can't be put into

evidence or propounded before trial. It's like this rogue prosecutor

thing in the Duke Lacrosse case.

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Judge McElroy: What is the question?

Ms. Kagan: On this exhibit it states-

Mr. Coughlin: Prosecutors should have some ethics-

Ms. Kagan: Registration number 53905 and then it states

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attorneys slash agent and it lists agent, correct?

Mr. Coughlin: I don't know, what is this, something you printed
off their website?

Ms. Kagan: Date registered as agent 5/2003.

Mr. Coughlin: I don't know. What is this? Is this something

printed off their website? Is it accurate? Is it updated? You tell me. Do
you even know what a patent attorney or agent is? Is there a bar to
take that? Do you know? Do you know anything about that?

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Judge McElroy: What was the question?

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Mr. Coughlin: I am not answering about anything that's not

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authenticated.
Q: As of October 2007, Mr. Coughlin are you registered as a patent
attorney or a patent agent?
Mr. Coughlin: I don't know. And I object to if you're just going on
a website and printing off something on a website and acting like that
is law, it's ridiculous. Your like the rogue prosecutor in the Duke
Lacrosse case, you're out of control, Ms. Kagan.
Ms. Kagan: Your Honor, I move to strike these comments that Mr.
Coughlin is making disparaging my character.

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Judge McElroy: The comments will be stricken from the record.

Mr. Coughlin: Don't have the character you have if you don't want

to be compared to the Duke Lacrosse rogue prosecutor or rogue

prosecutors in other instances where getting a promotion is more

important than the truth.

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Q: Mr. Coughlin, on July 13th, 2004 the Committee of Bar

Examiners advised you that it would not recommend your admission
but offered to hold your application in abeyance so the Committee may
evaluate your recovery from alcohol abuse, correct?

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A: I'm not sure.

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Q: Let's turn to page Exhibit 37 which is already in evidence, this

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is a letter dated July 13th, 2004 to Jerome Fishkin from Deborah

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Murphy Lawson director of moral character determinations first

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paragraph states I'm writing to inform you the status of your client's

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application for determination of moral character the Committee of Bar

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Examiners Committee does not believe it is now in a position to

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recommend your client's admission to the Supreme Court of California

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pursuant to the provisions of Rule 10 of the rules regulating admission

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to practice law in California. However the Committee has decided that

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your client's-

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Mr. Coughlin: Objection, relevance. Are we going to take up the

whole day with with Ms. Kagan'sJudge McElroy: it's overruled.
Mr. Coughlin: Cross-direction or whatever?

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Q: The Committee has decided that your client's application will

be held in advance until January 13th, 2005 so the Committee may

evaluate his recovery from alcohol abuse.

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Mr. Coughlin: From alcohol abuse? Oh, okay.

Ms. Kagan: Committee requires that your client participateMr. Coughlin: Does is say and whatever the hell else you want to
look at?
Ms. Kagan: May I finish Mr. Coughlin.
Mr. Coughlin: I don't know, can you read?
Judge McElroy: Let her finish.
Ms. Kagan: The Committee requires that your client participate

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in State Bar of California's lawyer assistance program (LAP) which has

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been established to provide assistance with mental health and

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substance abuse issues to members of the legal profession-

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Mr. Coughlin: I'm sorry I couldn't hear if you said requires that

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your client participate? Does it say it requires that he enroll in it for

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five years and open up the checkbook to us?

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Judge McElroy: What is the next question?

Q: In fact, on July 19th, 2004, you executed a stipulation pursuant
to rule 10 section 4, also called the abeyance stipulation agreeing to
have your recovery from alcohol abuse monitored by LAP, correct?
Mr. Coughlin: Did it say alcohol abuse and whatever the hell else
it is you want to poke around in?
Ms. Kagan: Let's look at Exhibit 38, page 2-

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Mr. Coughlin: Because I didn't see that part if you can point that
out to me.
Ms. Kagan: Its already in evidence, Mr. Coughlin, its a stipulation

pursuant to rule 10 section 4 at the bottom its signed Zach Coughlin

7/9/04, correct, this is something that you signed? Page 2 of Exhibit 38?

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Mr. Coughlin: Let's see, there's a stipulation. The purpose of

reviewing this application for determination of moral character in
order to evaluate his recovery from alcohol abuse, period. I don't see
where it goes on and says plus we'll ask you questions about your
psycho sexual history and we'll just go on with whatever we want
because it's our blank check.

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Judge McElroy: Mr. Coughlin did you sign the document?

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Mr. Coughlin: Yeah, I don't see where it says I'm enrolling in LAP

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in here.
Q: Mr. Coughlin, that wasn't the question posed, the question is do
you recognize, did you sign this document?
Mr. Coughlin: I think so.
Q: Then on June 30th, 2005 you completed the telephone intake
processMr. Coughlin: And that's a full year later! Isn't it? Because this

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was signed in 2004, so why did it take a year for them to do their

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telephone intake?

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Ms. Kagan: Mr. Coughlin that wasn't the question.

Mr. Coughlin: And why do I have numerous correspondences in
the meantime sent to them including status reports? Why is it a year?

331/486 Complete Transcript of Trial 06-M-13755

Ms. Kagan: Mr. Coughlin, that is not the question.

Judge McElroy: Mr. Coughlin, when you present your side of the

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caseMr. Coughlin: Am I going to have time, because Ms. Kagan has

hogged everything so far, so?

Judge McElroy: You will.

Q: Mr. Coughlin on June 30th, 2005, you enrolled in LAP you

completed the telephone intake process, correct?

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A: No, I enrolled in LAP prior to that.

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Ms. Kagan: Let's look at Exhibit 72 page 26 are you on Exhibit 72

page 26, Mr. Coughlin?

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Mr. Coughlin: I'm not sure.

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Ms. Kagan: You take your time and look at it.

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Mr. Coughlin: Well, thank you, Susan.

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Q: Page 26 is entitled lawyer assistance program, LAP,

notification of enrollment. It states, this is to serve as notification that
Zachary Coughlin contacted the lawyer assistance program on June
22nd, 2005 and has completed the telephone intake process, correct?
A: I don't know because I had been speaking with them and

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sending them quarterly reports since early 2004, I believe, so I don't

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know how this could be accurate. I don't know why they decided to take

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a year to decide that I had finally completed some arbitrary telephone

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intake interview.

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Judge McElroy: What's the next question?

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Q: On August 31st, Mr. Coughlin, you were provided a letter that

you were accepted into the LAP program on August 18 th, 2005, correct?
A: I can't say that's correct.
Q: Let's turns to the same exhibit page 22 that is Exhibit 72, page
22 it is 22 to 23 of this exhibit is a letter dated August 31 st, 2005 to
Zachary B. Coughlin and it is signed Janis R. Thibault, it states
paragraph 1, welcome to the lawyer assistance program, LAP. The LAP
evaluation Committee formally accepted you into the program on
August 18th, 2005. The Committee designed an individualized
participationMr. Coughlin: After an extended period of playing hide the ball,
right?

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Ms. Kagan: The Committee designed and individualized

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participation agreement that includes recommendations to enhance

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your recovery-

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Mr. Coughlin: Oh, good!

Ms. Kagan: Your case manager will provide a copy of your
agreement for review and signature. Please sign within five business
days and return the agreement to your case manager.

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Mr. Coughlin: Let the healing begin, huh?

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Ms. Kagan: And then I just want to get down to paragraph 3, the

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evaluation Committee determines completion of the program the LAP

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will acknowledge and verify both successful participation in the

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program and successful completion of the program. Successful

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participation is defined as achieving and maintaining sobriety,

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stability, and full compliance with the terms of the participation

agreement.

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Mr. Coughlin: Objection, relevancy. Where are we going with

this?
Q: Did you receive this letter, Mr. Coughlin?

Mr. Coughlin: Objection, Your Honor.

Judge McElroy: Overruled.

A: I received a lot of letters from LAP.

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Q: Then on September 6th, 2005 you sign the LAP participation

plan, correct?

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A: I remember signing things earlier than that.

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Q: The question was on September 6, 2005, you signed the LAP

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participation plan, correct?

Mr. Coughlin: Do you have an exhibit I can look at?
Ms. Kagan: Yes, I do, Exhibit 72 pages 12 to 13.

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Mr. Coughlin: ok yeah that looks like my signature.

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Q: And this participation plan had two parts. Part A had nine

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conditionsMr. Coughlin: But, I had already signed one of these plans like
months beforehand.
Judge McElroy: Let her finish the question, Mr. Coughlin.
Q: Part A has nine conditions and Part B has nine conditions,
correct?

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Mr. Coughlin: Let me review this first. I see were it says you can't

take prescription meds unless it's approved by a physician in

consultation with the program.

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Ms. Kagan: That is not the question, Mr. Coughlin.

Mr. Coughlin: Is that were they are practicing medicine?
Q: The question is Part A has nine conditions and Part B has nine
conditions, correct?
Mr. Coughlin: I believe so.
Q: And at the top of page twelve it states, I, Zachary Coughlin in

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participating the lawyer assistance program, hereinafter LAP or

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Program. Then the third sentence is therefore, in cooperation after a

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cooperative effort with the LAP, I agree to follow the conditions I will.

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And then it sets forth the conditions, correct? The conditions we just

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discussed?

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Mr. Coughlin: I'm sorry can you repeat the question.

Q: You agreed to follow the conditions that are set forth in Part A
and Part B of this exhibit, Mr. Coughlin?

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Mr. Coughlin: Which exhibit is this?

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Ms. Kagan: Exhibit 72 pages 12 to 13.

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Mr. Coughlin: Your Honor if I need to come back next week I

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would say that I won't agree to a telephone testimony by the doctor.

Judge McElroy: Please answer the question.

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Mr. Coughlin: I am just pointing that out at this point.

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Judge McElroy: Okay, the courts so notes.

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Mr. Coughlin: I'm sorry what was your question, Susan?

335/486 Complete Transcript of Trial 06-M-13755

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Q: Did you agree to follow the conditions set forth in Part A and
Part B of this participation plan, correct?
Mr. Coughlin: objection. We are just asking the same question
again and again.
Ms. Kagan: You haven't answered the question.

Mr. Coughlin: Well, we talked about signing it right, Susan?

Ms. Kagan: Mr. Coughlin answer the question.

Mr. Coughlin: I'm sorry what was the question?

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Q: You agreed to follow the conditions set forth in Part A and Part
B of this exhibit, correct?

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Mr. Coughlin: Exhibit 72?

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Ms. Kagan: Yes.

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Mr. Coughlin: Well, it's signed, right? And, we established that it

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was my signature earlier? Right?

Ms. Kagan: That's not the question, please answer the question.

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Mr. Coughlin: I signed it? So what was your question?

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Q: Fourth time. You agreed to follow the conditions set forth in

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Part A and Part B of this exhibit, correct?

A: I signed it, yes?
Q: You were terminated from LAP on April 7th, 2006, correct?

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Mr. Coughlin: April 7th, you say?

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Ms. Kagan: Yeah.

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Mr. Coughlin: I don't know.

336/486 Complete Transcript of Trial 06-M-13755

Q: Let's turn to Exhibit 6, Mr. Coughlin. Exhibit 6 is a letter dated

April 7th, 2006 to Zachary B. Coughlin from Janis R. Thibault and it

states in anticipation of the report to the Committee of Bar Examiners,

CBX, on February 16, 2006, the LAP evaluation Committee met to

review your participation at that time your participation did not

warrant a favorable recommendation. You were given a period of time

to explore arrangements that might allow you a more favorable

outcome. To date we have not received any information from you but

must report to CBX. The LAP evaluation Committee has determined

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that you have not successfully complied with their recommendations

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and appear not to have gained insight regarding your alcohol abuse. In

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addition your participation in the LAP has been terminated, correct?

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That's what the letter says?

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Mr. Coughlin: No, the letter has a lot more in there.

Ms. Kagan: We hope that you will choose to pursue recovery and
we extend the invitation to contact the LAP assistance in the future
if you so choose. That's what the letter says, Mr. Coughlin?
A: In its entirety, no.
Q: Mr. Coughlin, on November 21st 2006 you were sent a letter

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from the State Bar requesting that you provide a renewed

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authorization for disclosure and release of information form to the

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State Bar, correct?

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Mr. Coughlin: Is that is that the one where you were making a lot
of threats about it and?

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Q: Mr. Coughlin that wasn't the question. If you turn to Exhibit 9

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a letter dated November 21st, 2006 to Zachary Coughlin from Susan I.

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Kagan. As you know the State Bar is requesting you to provide a

337/486 Complete Transcript of Trial 06-M-13755

renewed LAP authorization form and fingerprint records report in

connection with the above-referenced matter per your voice mail

message on October 31st, 2006.

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Mr. Coughlin: Objection, hearsay, voice mail, has not been

authenticated or submitted into evidence.

Judge McElroy: Overruled.

Ms. Kagan: I understand you're refusing to provide these items

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absent further explanation. To this end I've attempted to contact you

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on several occasions to discuss the matter to no avail. If the requested

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items are not received by this office by close of business on December 1 st,

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2006-

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Mr. Coughlin: Right, so I gave you another one right, Susan?

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Ms. Kagan: But you didn't give me another one until April 20 th,

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2007, correct?
Mr. Coughlin: Well, you didn't give me a lot of the damn exhibits
until the third day trial, so what's your point, Susan?
Ms. Kagan: Just answer the question, you didn't give me an
authorization until April 20th 2007, correct?
Mr. Coughlin: I'm not sure of the day.

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Ms. Kagan: Two weeks prior to trial?

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Mr. Coughlin: I'm not sure of the day.

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Ms. Kagan: Even though on January 3rd, 2007 another letter was

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sent to you requesting a renewed authorization.

Mr. Coughlin: I can't confirm that.

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338/486 Complete Transcript of Trial 06-M-13755

Ms. Kagan: That's Exhibit 10, Mr. Coughlin. Exhibit 10 dated

January 3rd, 2007 to Mr. Coughlin and encloses the a LAP authorization

form. Please sign and date the form returned to me by close of business

on January 16th, 2007. Please contact me if you have any questions.

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Mr. Coughlin: What is your question?

Q: Did you receive this letter, Mr. Coughlin?
A: I'm not sure, did you send it by certified mail or get a
signature?

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Judge McElroy: It's not your turn to ask questions.

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Q: Mr. Coughlin, at your deposition on March 2nd, 2007, you refused

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to provide an authorization form to the State Bar, correct?

Mr. Coughlin: I'm not sure I understand your question.
Q: You were asked to provide an authorization form at your
deposition on March 2nd, 2007, correct?

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Mr. Coughlin: An authorization form for what?

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Ms. Kagan: For LAP.

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Mr. Coughlin: To do what?

Ms. Kagan: An authorization for disclosure. Disclosure or release
of information form.
Mr. Coughlin: I think you might have mentioned that.
Q: In fact at your deposition you refused to answer any questions
regarding your participation in LAP and refused to provide a renewed
authorization form.

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Mr. Coughlin: Is that right? I believe that happened? Yeah, I

believe we talked about how the fact that your authorization form had

lapsed and that was inconvenient for you to get another one. Which

deposition was this?

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Ms. Kagan: The first one.

Mr. Coughlin: Where?

Ms. Kagan: Reno.

Mr. Coughlin: Reno, where?

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Judge McElroy: What's the next question?

Q: Let's see, Mr. Coughlin, you were deposed on March 2 nd, 2007,
correct?

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Mr. Coughlin: By whom?

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Judge McElroy: Mr. Coughlin, I am warning you. You are not to

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be asking questions. Right now you are being subjected to answer

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questions.

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Q: You were deposed on March 2nd, 2007 in relation to this matter?

A: I'm not sure.
Q: Let's turn to Exhibit 57, Your Honor, it is a condensed

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transcript of the deposition of Zachary Coughlin, March 2 nd, 2007, Reno,

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Nevawta.

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Judge McElroy: Does this refresh your memory.

Mr. Coughlin: I don't know where Nevawta, I don't know what
that is. What is Nevawta?

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Ms. Kagan: Your Honor, I request to have the entire Exhibit 57

moved into evidence.
Judge McElroy: Okay, I'm not going to move the entire deposition

into evidence at this point I think what you need to do is read into

evidence the relevant parts.

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Q: Mr. Coughlin, at your deposition on March 2nd, 2007 you refused

to answer questions regarding your October 2001 arrest, correct?
A: I am not sure. Object relevancy.

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Judge McElroy: Overruled.

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Mr. Coughlin: The fact that no other applicants have to answer.

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The answer about convictions. So why are we spending all this time on

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an arrest that didn't lead to any conviction. Is that equal protection of

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the laws, is that what that is?

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Judge McElroy: At this point, the issue is good moral character.

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Mr. Coughlin: Right, but without equal protection, right?

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Q: Page 10 of the deposition, Mr. Coughlin, starting with line 25:

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question what I'd like to do is turn back to the last going on to page 11

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line one page of Exhibit 1 and in second paragraph of that page about

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five lines from the bottom this is actually discuss the arrest that took

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place in October of 2001 outside of a movie theater in Nevada. The

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sentence goes on to say I was charged with three misdemeanors:

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resisting arrest, evading a police officer, and obstructing a police

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officer. Can you go into a little detail about the actual arrest answer no

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question no you can't go into detail or do you remember the arrest

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answer well I'm going to object to that question what's your basis

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answer well given the language and the other sections of this

341/486 Complete Transcript of Trial 06-M-13755

application which deal with convictions as I read in this section I

believe it's 12.1 this is an incident for which I'd be under a duty to

disclose question well as part of discovery I'm entitled to take-

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Mr. Coughlin: That should read this is an incident for which I

would not be under a duty to disclose.
Judge McElroy: Its what is says.

Q: questions well as part of discovery I'm entitled to take your

deposition and so I'm going to unless there's a privilege you have to

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answer the question answer uh-huh question unless you refuse to

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answer the question and then we can have the question certified and

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take it to the court and see whether or not you're going to be ordered to

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answer the question. This is starting on page 12.

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Mr. Coughlin: Objection, Your Honor, relevance. Are we going to

have Ms. Kagan read to us all afternoon?
Judge McElroy: Since you don't recall your testimony she can use

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the deposition transcript. If you recalled your testimony we wouldn't

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have to read the deposition transcript. Since you can't recall anything

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that you've ever done this is why it's taking so long. Let's go ahead.

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Q: Answer okay question is that what you want to do answer yes

questions so let's certify the question just to set the record straight is it
true that you are now refusing to answer any questions regarding your
arrest of October 2001?
Mr. Coughlin: Oh, okay, your question is did I refuse to answer
questions about the arrest? Yeah.
Judge McElroy: Next question.

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Mr. Coughlin: Well, actually, I didn't refuse, I objected based on

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the fact that your own application says that those arrests that don't

lead to conviction are not-

Ms. Kagan: Mr. Coughlin isn't it true that you refused-

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Mr. Coughlin: I am not finished with my answer Ms. Kagan- are

not necessary to be reported.
Q: Mr. Coughlin at your deposition March 2nd, 2007 you refused to

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discuss your law school academic dishonesty investigation isn't that

true?
A: Well that's a similar instance where I asserted that your own

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application which is what I understand Equal Protection Clause to

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mean is is that that has to be applied to everybody the same way and-

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Ms. Kagan: Mr. Coughlin there'sMr. Coughlin: I'm not finished with my answer Ms. KaganJudge McElroy: Give your explanation. You admit that you
refusedMr. Coughlin: no I'm saying I asserted that it was an improper

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question given that the academic dishonesty investigation did not lead

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to any according to the language of your own California moral

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character application didn't lead to any censure yada, yada, yada-

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Q: Mr. Coughlin, the question was you refused to testify about the
academic dishonesty investigation, correct?
A: I asserted a privilege.
Q: At your deposition on March 2nd, 2007 you refused to answer
any questions regarding your alcohol use or the LAP program, correct?

343/486 Complete Transcript of Trial 06-M-13755

A: No, that's not correct, in my opinion, we talked a great deal

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about alcohol during that.

Q: Page 29.

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Mr. Coughlin: You asked me question after question about AA

and-

Judge McElroy: Okay, you answered the question, please.

Q: Page 29 starting with line 7 question do you believe that you

were an alcoholic at that time answer could you define what an

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alcoholic is question do you not understand what an alcoholic is answer

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I don't understand what you understand an alcoholic is question what

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do you understand alcohol to be answer I'm not sure question isn't it

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true that you actually attend Alcoholics Anonymous answer I'm going

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to object to that question what's the basis for your objection answer

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privacy grounds and the fact that the second word in that is

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anonymous. Did you refuse to answer questions, Mr. Coughlin.

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Regarding that?

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Mr. Coughlin: Are you asking me whether I was refusing to

answer questions when I was in this deposition or right now?
Ms. Kagan: Regarding that the deposition.
Mr. Coughlin: At the deposition? No, I don't believe, so, we talked

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about alcohol for a long, long time. You asked me this and that the

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other and talked about you know me going to AA meeting since I was

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like three years old and all sorts of stuff like that so.

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Q: Page 31, line 12 question how long you been attending AA

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answer I object to that on privacy grounds but I will go ahead and

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answer it, preserving the objection. I've been, I was taken to AA

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meetings as a child, so. Question why was that answer I don't know

question you're handing me back the exhibit you don't know why you're

taken to a meetings as a child answer no question why did you include

that information in your update for moral character application to me-

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Mr. Coughlin: I am sorry, what page are you on?

Ms. Kagan: 31. answer I'm not sure question are you currently
attending AA meetings answer I object to that on privacy grounds but
question starting at page 32 did you attend all the meetings that are
documented in the pages that you sent me answer yes I believe so
question are you currently sober answer yes question how long have
you been sober answer I objected that on privacy grounds skipping
down to line 22Mr. Coughlin: Do you have a question or you just illustrating your

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disgust for the Fourth Amendment and any privacy rights individuals

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in this country might have that might conflict with your making

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money as a prosecutor?

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Q: Skipping down to line 20 of the same page-

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Mr. Coughlin: No? No question? Just going to read to us?

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Ms. Kagan: When is the last time you had an alcoholic beverage
answer I'm not sure and I'll objected on privacy grounds as well
question starting on page 33 if you don't want the State Bar to know
about your attendance at Alcoholics Anonymous or anything about
your relationship with alcohol why did you include this information in
your application update answer I'm going to object to that question and
the way it is phrased. I believe its leading and you're saying if I don't
want the State Bar and that's not something I said that's something you
just said question excuse me strike that Ill rephrase my question-

345/486 Complete Transcript of Trial 06-M-13755

Mr. Coughlin: Is there a question in this or you just reading to us?

Judge McElroy: She is reading the deposition transcript into the

record.

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Mr. Coughlin: Is she going to read the whole thing into the record
orJudge McElroy: whenever you deny that you said it, she can
impeach you with the deposition transcript.
Mr. Coughlin: I am not denying that this is a record of the
deposition.
Judge McElroy: Or if you cannot recall.
Mr. Coughlin: What have I not recalled about this question?

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Judge McElroy: Please proceed with reading what-

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Mr. Coughlin: If you can tell me, do you have a question?

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Ms. Kagan: question on a page 33 starting with line 10 is it true

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that you're refusing to testify about your relationship with alcohol and

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your relationship with Alcoholics Anonymous answer no questions so

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when did you first start going to Alcoholics Anonymous answer I'm not

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sure can you define going question when did you first start attending

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meetings of Alcoholics Anonymous answer-

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Mr. Coughlin: Can I use the restroom, Your Honor? I really need
to use the restroom.

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Judge McElroy: We will wait until 11:15. Go ahead.

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Ms. Kagan: Answer, I can remember being in a meeting when I

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was three years old so question what about in the last five years have

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you been attending Alcoholics Anonymous meetings for the last five

346/486 Complete Transcript of Trial 06-M-13755

years answer I'm not sure can you just define attending for five years?

Does that mean once in five years or a hundred times in five years

continued on page 34 question at any any any at all did you ever go to

Alcoholics Anonymous meetings in the last five years answer, I'll object

to that on privacy grounds but go ahead and answer it yes I have ok

skipping down to line 20 is one of the reasons question is one of the

reasons also get you have a problem with alcohol answer object to that

question what's your objection answer objection would be privacy and it

would be objecting under ADA, it would be vagueness of the question, I

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don't understand what you mean by a problem with alcohol.

Judge McElroy: Okay, I think that's enough in terms of this field
of questioning.
Q: At your deposition on March 2nd, 2007, Mr. Coughlin you
couldn't answerMr. Coughlin: Your Honor, I am having difficulty concentrating
as I need to use the restroom.

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Judge McElroy: I'll give you five minutes.

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Judge McElroy: Back on the record.

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Q: At your deposition on March 2nd, 2007, Mr. Coughlin is it true

that you couldn't tell me whether or not you recognized or had the
email address of zanzibar2@hotmail.com?

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Mr. Coughlin: I'm not gonna answer that.

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Q: You couldn't tell me whether or not you drafted emails to Uni-

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shippers which isMr. Coughlin: And I am not going to answer that, either. Am I
allowed to do that?

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Judge McElroy: You can do whatever you want to do.

Mr. Coughlin: Because earlier I couldn't just not answer thing.

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You made an order that I had to answer.

Judge McElroy: The record speaks for itself, let's go on to the next
question.
Mr. Coughlin: Because, earlier you said no you have to answer

those. You can't just say no I'm not gonna answer and have it reflect on

your candor. You said, your order was that you have to answer that.

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Judge McElroy: This is moral character hearing and the issue is

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your candor, I'm letting the record speaks for itself. What's the next

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question.

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Mr. Coughlin: But earlier you weren't, right?

Q: Mr. Coughlin, your deposition was taken again on April 26 2007
correct?
Mr. Coughlin: is that when I drove down from Nevada to Calif?
Kaylaphone-ya? Is that how you say it?
Q: Mr. Coughlin, please turn to Exhibit 70, a condensed depo
transcript.
Mr. Coughlin: Is this the one in Kaylaphone-ya?
Q: Deposition of Zachary Coughlin vol.2 Thursday April 26 th, 2007,
correct?

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Mr. Coughlin: what's your question?

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Q: You attended a deposition, testified at a deposition on April

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26th, 2007?
A: In Kaylaphone-ya, Yes.

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Q: At that time well you came to the deposition pursuant to a

court order compelling your attendance at a deposition, correct?
Mr. Coughlin: I remember that because I didn't have a right just
to say I'm not going to answer that. I had to answer, you knowQ: And you were ordered to answer questions regarding your
relationship with alcohol, correct?
Mr. Coughlin: I was ordered to answer questions! I wasn't allowed
to say no I'm not gonna answer that I remember that.
Q: Yet, at the deposition you couldn't answer question the
following questions when you have your last drink correct?
Mr. Coughlin: If that's what it says in there then that's probably
what we said and what the court reporter transcribed.
Q: When your date of sobriety was you couldn't answer that
question correct?
Mr. Coughlin: I'm not sure is that what I said? Or did I, did you go
through with the highlighter on this?

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Judge McElroy: I'm going to exercise my right to to control the

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courtroom and at this point. Mr. Coughlin has said that he cannot,

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he's not sure of the date of his last sobriety, he's said it four or five

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times. I don't think we need to go into this area anymore. So, I'm

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going to ask that we move on to another area. He's not sure whether

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he had alcohol in the last four years. He's not sure whether he had it

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in 2005-2006. He doesn't know his sobriety date, the court knows it. So

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let's go on to another line of questioning.

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Ms. Kagan: Your Honor, if I may, this goes to Mr. Coughlin's

cooperation in this matter, not necessarily what his answers were-

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Mr. Coughlin: I believe the judge has ruled.

Judge McElroy: The record has spoken in terms of his cooperation.

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Ms. Kagan: Yes, Your Honor. Mr. Coughlin, are you employed
currently?
Mr. Coughlin: I'm going to object to that. That's not something I

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feel is your business, Susan.

Judge McElroy: And it is overruled.

Mr. Coughlin: Okay, so does that mean I have to answer it?

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Judge McElroy: Yes, you do have to answer it.

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Mr. Coughlin: But, earlier I could say no I'm not going to answer

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that?
Judge McElroy: Mr. Coughlin, the objection, I've overruled, your
objection.
Mr. Coughlin: That's something I keep private.
Q: Have you had any employment between February 15 th, 2007 and
today?

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Mr. Coughlin: That is something I keep private.

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Q: do you have any employment in 2006?

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A: That would be something I keep private?

Q: Yet you testified about it at your deposition on March 2 nd, 2007,
didn't you?
Mr. Coughlin: Did I?

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Q: You testified that you worked at a place called West

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corporation for about four to five weeks as a telephone support for

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Cingular and that you were terminated because you missed two days of

work in the first 90 days employment, is that correct?

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A: If that's what it says in the deposition then I wouldn't dispute

that.
Q: And also in 2006, you worked at Albertson's for approximately
two months as a cashier. You were terminated from that position
because you were told that the company didn't feel you were cut out for
that type of workMr. Coughlin: Objection, are we going to go through when I
worked for a coffee cart when I was in seventh grade, too?

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Judge McElroy: Objection is overruled.

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Q: Did you testify about that at your deposition, Mr. Coughlin?

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Mr. Coughlin: You tell me.

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Q: Would you like me to read it onto the record, Mr. Coughlin?

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Mr. Coughlin: Sure. Maybe if you could give us an idea where

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you're going with this it would kinda, you know?

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Judge McElroy: What pages?

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Ms. Kagan: Exhibit 57 page 73 actually it starts with page 73 line

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1 answer I was a cashier question where answer Albertson's question

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and where was that answer Reno, Novato-

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Mr. Coughlin: Where's that?

Ms. Kagan: Where in Reno answer West 7 Street question how
long were you employed there answer I would say roughly two months
question how many answer roughly two months questions did you have
any other employment at that time answer I'm not sure it's possible I

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did a research assignment for Tom Hall question why did you leave

your employment at Albertson's answer I don't know that I could

characterize it with sufficient particularity and accurately but I do

recall that the manager mentioned to me that he didn't feel I was cut

out for this type of work.

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Mr. Coughlin: That's important how?

Q: In 2005, Mr. Coughlin you testified at your deposition that you
were employed at Men's Wearhouse for a week and your duties were
selling suits correct?

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A: I have a vague recollection.

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Q: During that same year you were employed at Macy's for

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approximately four months were you sold suits.

Mr. Coughlin: Objection, relevancy.
Q: And you were let go because you might have been told it was
not a good fit.

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Mr. Coughlin: Objection, relevancy.

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Judge McElroy: Overruled.

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Mr. Coughlin: Are we going to talk about me working at a yogurt

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stand when I was in third grade, too? How far back we gonna go, is what

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I want to know?

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Judge McElroy: As far back as the prosecutor wants to go.

Mr. Coughlin: So we can go back to when I was making garments

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for Martha Stewart in Ecuador when I was in second grade can go back

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to that if that was a job I had?

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Judge McElroy: What's the next question.

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Q: Mr. Coughlin, and during that same year you were employed at

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the law firm of Hale Lane for approximately five months correct?

A: Yes, at Hale Lane.

Q: And you were let go from that position because as you testified,

you were told it was not a good fit correct?

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Mr. Coughlin: I'm going to object to this because I signed a

severance agreement which I think might bind me from speaking on
this?

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Q: Yet, you testified about it at your deposition.

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Mr. Coughlin: I think I mentioned that very same confidential

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severance agreement at my deposition, which I'll point out, Hale Lane

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didn't seem to follow but I'm a man of the law, so I'll go ahead and try to

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follow that agreement.

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Ms. Kagan: Exhibit 57, page 78.

Mr. Coughlin: I think you have that agreement so if you can read
it and tell me where it says I can comment on this then fine but.

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Judge McElroy: So it's page 78?

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Ms. Kagan: Line 5, question why did you leave that employment

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answer I was told I'm not sure questions did you voluntarily leave

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that employment answer I'm not sure question were you fired answer

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I'm not sure question what was the reason that you were provided

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and so I remember something about it not being a good fit-

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Mr. Coughlin: Objection, relevancy. Were are we going with this?

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What's the point that admitting this?

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Judge McElroy: Overruled.

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Mr. Coughlin: Can I just aimlessly bring up things too for hours

on end? If you had something worthwhile I don't think you would need

to, you know, dig in to a hundred different little things and try to make

something of it, you know?

Q: Mr. Coughlin, when you were questioned at your deposition

regarding the emails that you sent to Professor Tratos, the contents of

those emails you testified that the only thing that you would change

today was would be that the emails would be shorter, correct?

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A: I don't remember exactly what I said but that rings somewhat

of a bell. I wouldn't say it's completely inclusive characterization of
what my testimony though.
Q: Exhibit 57, page 60 line 21 question what is your opinion of the

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content of your emails to Professor Tratos answer can you be more

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specific questions do you believe I would like you to describe what you

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would characterize your email to Professor Tratos to be answer I don't

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know a learning experience question I'm specifically asking about the

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contents of your emails would you characterize them as a professional

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answer I'm not sure I don't know quite what you mean by professional

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question-

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Mr. Coughlin: Objection, relevance.

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Judge McElroy: Overruled.

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Q: When you're reading through these emails now what is your

opinion of your emails to Professor Tratos answer something I learned
from question and describe that what do you mean you learn from
answer just I think I learned that if you're accused of doing something
that you need to have respect for the process regardless of whether you
think that you should be accused and that I need to choose my words a

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lot more carefully I was 24 when this was going on question would you

handle this differently today answer yes I believe I would question how

so answer they would be a lot shorter question the emails answer yeah.

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Mr. Coughlin: And your question earlier was was whether that
was all I had to say about that?
Ms. Kagan: My question was I believe when asked about what you
would change about the content of the emails you say that they would
be a lot shorter.

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Mr. Coughlin: And you said that's all I said, right?

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Judge McElroy: What's next question?

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Mr. Coughlin: It's kind of leaving out a few things. And that's

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why I say a rogue prosecutor like the Duke Lacrosse case because

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there's just a reckless disregard for my rights-

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Judge McElroy: Next question.

Mr. Coughlin: Nifong was the guy's name. They are disbarring
him now.
Judge McElroy: Mr. Coughlin, I would ask that you not speak
until you're spoken to.
Mr. Coughlin: Yes, Your Honor.
Ms. Kagan: Your Honor, I don't think I have any questions at this
point.
Judge McElroy: Mr. Coughlin, you may step down. So in terms of
witnesses do you have any more witnesses?
Ms. Kagan: I have two witnesses from the State Bar just to
authenticate documents.

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Mr. Coughlin: Your Honor, I would like to call Susan Kagan to

the stand.
Judge McElroy: You are not going to be allowed to do that.
Mr. Coughlin: It goes to several pertinent matters in the case,
Your Honor.
Judge McElroy: you're not allowed to call her and you will not be
able to call her, ok.
Mr. Coughlin: Even if it speaks on when I reported things and-

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Judge McElroy: Yes, okay, so who are the two witnesses?

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Ms. Kagan: Lynn Thingvold, she's a paralegal with our office and

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Bill Stevens he's an investigator at the office.

Judge McElroy: And what would they testify to?
Mr. Coughlin: I'd like to call myself and speak in the narrative
too.
Ms. Kagan: Thingvold would be testifying about the photos that

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are in Exhibit 73 in the entire Exhibit 73 inclusive of the photos and

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her correspondence with Nevada DMV and Mr. Stevens would be

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testifying about the Exhibit 74 which is the patent bar information

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and also the DMV records and his participation in that.

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Mr. Coughlin: Whoa, scintillating stuff, really.

Judge McElroy: Can you call them now?
Ms. Kagan: I can look and see if they're in the office I told them
around two if they could be available then.
Judge McElroy: Okay and then we have the psychiatrist that's
coming on Thursday?

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Q: I'm hoping that he is coming he said he was available that

week.
Judge McElroy: because you understand that he's not agreeing
that he can testify over the phone he wants him here in person.
Ms. Kagan: from what I understand from Dr. Tucker's message to
me he was available all week so I'm assuming that that means that he's
available to come in person.
Judge McElroy: Okay well he will have to come in person in order
to have his testimony.
Ms. Kagan: I'm just hoping that that date he is available to come
in person, I don't know that.
Mr. Coughlin: Tax dollars to pay him.
Judge McElroy: Can you find out when?
Ms. Kagan: I'm hoping to find out today whether or not he can
even testify today at four.

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Judge McElroy: Ok we can go off the record.

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Mr. Coughlin: He will need to be here, right? Not on the phone?

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We're not talking about on the phone?

Judge McElroy: He's no longer-

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(Record abruptly cuts off)

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Judge McElroy: And I can read what the court is-

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Court Personnel: Back on the record.

Judge McElroy: ok back on the record in the matter Zachary
Coughlin. We are going over the records that have been admitted into

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evidence the court has admitted only one through six then it has been

admitted page 12 of 7, page 8.

Mr. Coughlin: Page 12 of 7?

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Judge McElroy: That's the only part of Exhibit 7 that's been

admitted. Exhibit 8 through 12 admitted. Exhibit 15 pages 29 and 63
have been admitted. Exhibit seventeen admitted, Exhibit 19 admitted,
Exhibit 20 admitted, Exhibit 21 admitted, Exhibit 24-25 admitted,
Exhibit 29 admitted, Exhibit 31, 32 admitted, Exhibit 37, and 38, 1
through 30 admitted.

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Court Personnel: I have that as Exhibit 39, Your Honor.

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Judge McElroy: Okay maybe that's it that ok Exhibit 38 is

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admitted and in terms of Exhibit 39 pages 1 through 30 are admitted.

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Exhibit 40 and 41 admitted, Exhibit 44 admitted, Exhibit 47 admitted,

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Exhibit 49 admitted, Exhibit 53 admitted, Exhibit 50 is admitted.

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Ms. Kagan: I don't have that as admitted. That's alright, that's

also contained in Exhibit 72 though.

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Judge McElroy: Okay, so that is not admitted. I believe it's part of

Exhibit 72 that was admitted, Exhibit 53 admitted. Exhibit 55
admitted, 57 only the pages that have been referred to in testimony are
admitted, 58 would be pages 5 and- that was admitted the whole thing
was admitted, Exhibit 57 only the pages that have been referred to in
testimony, pages 10 line 25, page 11 see page 11, lines 1 through 25, page
12.

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Mr. Coughlin: And this is on the deposition?

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Judge McElroy: Yes.

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Mr. Coughlin: And we're referring to it by the depositions pages

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not the bate stamps?

Judge McElroy: Yes. Page 12 lines 1 through 9, then we have page

29 line 7 through 24, page 31, line 10 through 25, page 32 and page 34,

page 78 lines 5 through 13, page 73 lines 14 through 23, page 60 line's 21

to 25 and page 61 the entire page, those are the ones it's going to be so

good ok those are admitted. 58 in its entirety is admitted 59 is admitted

60

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is judicially noticed, Exhibit 61 is admitted, Exhibit 69 admitted,

Exhibit 62 and 63 are judicially noticed 65, 66, 67, and 68 are judicially
noticed, 69 is admitted, 70 that's the deposition, right?

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Ms. Kagan: Yes.

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Judge McElroy: what pages? I don't have the pages that were

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admitted.
Ms. Kagan: I don't believe I read any pages from that that
deposition on to the record.
Judge McElroy: ok so then it's not admitted. Exhibit 71 what is
that? That's not been admitted yet and then 72 was admitted in its
entirety and and that's all I have.
Ms. Kagan: Your Honor, there was something regarding the

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deposition transcripts from the March 2007 deposition regarding and oh

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maybe I just read into the record regarding the fact that Mr. Coughlin

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was living alone in the unlawful detainer.

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Judge McElroy: yeah but I don't know what pages, do you have the
pages?
Ms. Kagan: Page 108. I think lines 16 to 22.

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Judge McElroy: Okay, page 108, lines 16 through 22 are admitted.

Ms. Kagan: as well as on page 101 that was regarding his

knowledge of the lawsuit the unlawful detainer, I believe it started

line 6 and went through line 13.

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Judge McElroy: ok page 101 line 6 to 13. so that's fine that's all we
have right?

Ms. Kagan: that's what I believe to be correct.

Judge McElroy: okay so why don't we go off the record.

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Court Personnel: Back on the record.

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Judge McElroy: ok so this is the matter of Zachary Coughlin and

we're back on the record before we took a recess the State Bar indicated
that they were going to have two witnesses testify in terms of
authenticating some documents and one is regarding the photographs
before we put in testimony about the photographs do you have the
person who actually took the photographs because if you don't then I
think there's a problem of authentication and there's no point in
putting someone on who says I got the photographs from the landlord.
Ms. Kagan: Okay we've tried to subpoena the person who took the

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photographs however they are in Nevada and while they did promise to

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come they never returned the subpoena and then stopped returning our

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calls.

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Judge McElroy: Ok so I don't think then you have the evidence in

terms of authenticating the photographs.
Mr. Coughlin: In regard to that Your Honor can any testimony
related to those photographs be stricken?
Judge McElroy: And they will be stricken.

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Mr. Coughlin: okay thank you.

Judge McElroy: Any evidence relating to the photographs. In

terms of the Exhibit 74 the patent agent exhibit here's the problem

with that Mr. Coughlin has always been listed as an agent and now he

became an attorney in Nevada and the issue really is whether he had to

do some process to notify the patent / people that he's an attorney if he

has to do that then it appears to be still an agent so I don't see the

significance of agent of that whole agent testimony.

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Ms. Kagan: Well he did put into his Exhibit 3 which is the update
that since he has been barred in Nevada that makes him an attorney
with the patent bar, Exhibit 3 page 4.

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Judge McElroy: He says on page 4 that he is listed as an agent,

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though upon becoming an attorney that I may now be classified as a

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patent attorney.
Ms. Kagan: Right, says he is licensed as a patent agent since May

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2003.
Judge McElroy: right and he still is a patent agent.
Ms. Kagan: correct but from that statement it appears that he
claims to be a patent attorney.
Mr. Coughlin: Your Honor I don't know that I am not a patent
attorney.

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Judge McElroy: Please.

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Ms. Kagan: It appears that he is claiming to be a patent attorney.

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Though upon becoming an attorney, that may now be classified as a

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patent attorney.

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Judge McElroy: Right, I just don't see the significance of this at

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all.

Ms. Kagan: The, the fact that he-

Mr. Coughlin: And this what you led with!

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Ms. Kagan: The fact that he has only listed as an agent and he has

been listed as an agent since being licensed in 2003 but now claims to be

an attorney?
Judge McElroy: unless you can have someone come in and say that

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in order to become that once he becomes that once he becomes an agent

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and once he becomes an attorney he's automatically now a patent

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attorney then I don't see the significance of it.

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Ms. Kagan: Well, Your Honor, I would say that that's his burden

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to prove that he's now a patent attorney because he claims to be a

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patent attorney.

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Judge McElroy: He says may now be. He doesn't, I mean, its so

nebulous, I just don't see the significance of it at all in terms of this
case.

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Mr. Coughlin: and we had a deposition!

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Judge McElroy: please.

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Ms. Kagan: Well, Your Honor, there are two different distinctions

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with the US Patent Office, there's either you're registered as an agent

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or your registered as an attorney.

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Judge McElroy: And its clear the news registered as an agent.

Ms. Kagan: Right, and, and, but from this document itself it shows
that he is holding, well claims to be an-

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Judge McElroy: No, he is saying he may now be classified.

Although he may now be classified as a patent attorney. It's

meaningless that statement to me. It just is. So, anyway.

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Ms. Kagan: Well, uh.

Judge McElroy: He's listed as an agent, he's agreed that he's listed
as an agent I don't know why you need any more evidence to come in
and say is listed as an agent. He is listed as an agent.
Ms. Kagan: Well I don't think he testified that he's listed as an
agent.
Judge McElroy: I am not sure, Your Honor, what they have me

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listed of his at this point. I don't know whether you become one

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automatically or if there's some process you need to report that to. But,

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simply printing off, I believe her exhibit is simply printing off

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something off the internet she found when she did something like a

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Google search for something I just don't think that that really rises to

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the level of.

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Judge McElroy: Well, it depends, she can have someone come in

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and testify and then I have to look at it under evidence code section

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5052 but the point is, I'm saying, I don't know what the point of it is I

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just don't see the point. He was listed as an agent he says he's listed as

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an agent he sends you an updated saying now that I've become an

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attorney in Nevada I maybe a patent attorney? Who knows? Who

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cares? I mean, I just don't see how its.

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Mr. Coughlin: Everything has been treated this way! Everything's

been twisted like this!

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Ms. Kagan: I think its relevant, Your Honor to the fact that he
hasn't admitted that he's listed as an agent as of right now.
Judge McElroy: I though he was listed as an agent?
Ms. Kagan: He said he was licensed as a patent agent.

Judge McElroy: Yeah, he is licensed as a patent agent.

Ms. Kagan: In May of 2003.

Judge McElroy: He says that I'm listed as an active agent on the

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USPTO website and gives you his number! He's an agent. I just don't.
Mr. Coughlin: We have the certificate as well Your Honor.
Judge McElroy: I just don't see why this is being belabored. He's a
licensed or an agent says his number 53905.

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Ms. Kagan: I-

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Judge McElroy: Haha! Okay?

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Ms. Kagan: And he just said right now he doesn't even know what
he is listed as.
Judge McElroy: Document number three is admitted into

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evidence, he has said that he's an agent. The court understands him to

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be an agent. If you want to put in additional evidence that he's listed on

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a website that he's already admitted that he's an agent that's fine. I

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will leave it to you.

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Mr. Coughlin: Just be a overly technical, I'm not sure I'm an

agent.
Judge McElroy: Whatever.
Mr. Coughlin: I might be an attorney.

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Judge McElroy: Okay, let's put on your evidence.

Mr. Coughlin: Because she might come back with some line about

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that later, you know so. He's just an agent he said, whatever.
(The oath was administered to Bill Stephens.)
By Ms. Kagan:

Q: Mr. Stevens are you currently employed?

A: Yes at the State Bar of California.

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Mr. Coughlin: Excuse me Your Honor can just make an objection.

Judge McElroy: Yes make an objection, a legal objection, no
speaking objection, legal.
Mr. Coughlin: I object to the submission of photographs when Ms.
Kagan knew she couldn't authenticate them as highly prejudicial.
Judge McElroy: We already struck them.
Mr. Coughlin: Well, I move for sanctions against her for
presenting them.

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M. Denied. Next question.

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Q: Mr. Stevens you're currently employed at the State Bar and

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what is your title?

A: I'm an investigator in enforcement in the office of the chief
trial counsel?
Q: And how long have you been investigator in the office of the
chief trial counsel

A: 23 years.

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Q: Did you happen to work on the matter of this moral character

case of Zachary Coughlin?

A: Yes.

Q: and as part of your work on this matter did you contact the

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Department of Motor Vehicles for Nevada?

A: Yes.
Mr. Coughlin: Objection, relevance. I don't see how this is any
more relevant than the patent agent stuff.

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Judge McElroy: Overruled.

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Q: Do you recall why you contacted the DMV of Nevada.

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A: To obtain the applicants driving record.

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Q: How did you make contact with the DMV.

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A: I wrote a letter.

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Q: Your Honor may I approach?

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Judge McElroy: Yes.

Q: Please let the record reflect I'm handing a copy of what's been
marked as Exhibit 76 to applicant.
Mr. Coughlin: Is this the first time getting this exhibit?
Judge McElroy: Apparently.
Mr. Coughlin: I'm just being given this now on the third day trial?
I object to entering this exhibit.
Judge McElroy: overruled.

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Mr. Coughlin: has it been authenticated?

Judge McElroy: Mr. Coughlin, I've made my ruling. Please let her

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just go ahead and ask the question.

Ms. Kagan: I am handing a copy to the Court, the original to the
Court Administrator, and a copy to the witness.
Q: Exhibit 76 is a four-page exhibit and the first page is a
facsimile transmission dated September 14 2006 to Laura Nevada DMV
from Bill Stevens followed by on page 2 a letter dated September 14,
2006 to Nevada DMV from William D Stevens. Mr. Stevens do you
recognize this exhibit.
A: Yes, I wrote this letter I signed it, attached my business card is

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copied on the front page of the facts and the authorization and release

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that's attached to that I would have attached to it to show the

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applicants consent to have these records released if necessary.

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Q: What do you do with this letter once you wrote it?

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A: I had my paralegal fax it or our paralegal fax it to the Nevada

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Department of Motor Vehicles.

Q: And is this the letter that you just testified that you sent to the
Nevada Department of Motor Vehicles?

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A: yes it is.

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Q: did you ever receive a response to this letter?

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A: yes I did.

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Q: Your Honor may I approach.

Judge McElroy: yes.

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Ms. Kagan: Let the record reflect I'm handing the applicant
Exhibit 77.
Mr. Coughlin: I object Your Honor I haven't seen this exhibit.
Judge McElroy: I have to look at it myself.
Ms. Kagan: I am handing a copy to the Court, the original to the

Court Administrator, and a copy to the witness. Exhibit 77 is a three-

page exhibit. On the first page is entitled DMV, Nevada Department of

Motor Vehicles central services and Records Division. It's dated

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September 18, 2006 attention William Stevens from Laura. Do you

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recognize this exhibit Mr. Stevens?

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A: yes I do.

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Q: and how do you recognize it because I'm the one who received

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the fax in our office.

Mr. Coughlin: Objection, relevance. But let me just say Your
Honor I say that because I think if if there's something Ms. Kagan is
trying to prove with this perhaps I could just admit and we could not
spend an hour having you know each and every little.

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Judge McElroy: The time for admitting was two weeks ago.

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Mr. Coughlin: what if we're talking about getting a speeding

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ticket six years ago and that's the whole reason for bringing Mr.

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Stevens here and sitting here for taking up an hour.

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Judge McElroy: So at this point you will stipulate that you had
speeding ticket?
Mr. Coughlin: I want to see what she's trying to prove.
Judge McElroy: ok so let her prove it okay go ahead.

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Mr. Coughlin: If you're asking me will I stipulate to having a

speeding ticket, as long as I had one.
Ms. Kagan: If he doesn't object to Exhibit 64 then we don't need
Mr. Stevens testimony regarding this matter.
Judge McElroy: why don't you look at Exhibit 64.
Mr. Coughlin: I might just say I can't stipulate to exhibits that I
haven't been given.
Judge McElroy: 64 you were given.
Mr. Coughlin: But, I wasn't getting a lot of exhibits right?
Judge McElroy: okay 64, look at it. If you want more details to
come out, then don't stipulate.

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Mr. Coughlin: Even if all this-

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Judge McElroy: Will you stipulate or not?

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Mr. Coughlin: No. But even if all this can be proven true, does

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that does that justify the time?

Judge McElroy: yes.

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Mr. Coughlin: The time taken to prove if I have a speeding ticket?

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Judge McElroy: yes.

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Mr. Coughlin: That is going to be we turn this guy's down after

five years and going through law school because he had a speeding
ticket?
Judge McElroy: its the issue of candor and cooperation. It appears
you have a problem with candor and with cooperation.
Mr. Coughlin: Its hard to expect someone to have candor after
some of the nefarious tactics that the State Bar has shown. In the LAP

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program, the combative Sipowicz like NYPD Blue type behavior that

the State Bar has exhibited.

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Judge McElroy: Mr. Coughlin are you ready to stipulate to

Exhibit 64 coming into evidence.
Mr. Coughlin: No.

Judge McElroy: ok let's proceed.

Ms. Kagan: I request that Exhibit 76 be moved into evidence.

Judge McElroy: it is.

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Mr. Coughlin: I object Your Honor.

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Judge McElroy: Its admitted into evidence.

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Ms. Kagan: Your honor I requests that Exhibit 77 be moved into

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evidence.
Judge McElroy: Its admitted.
Mr. Coughlin: I object.
Q: Did you perform an internet search regarding his registration

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with the U.S. Patent and Trademark Office and what was the results of

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that investigation.

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A: His name showed up as being registered with them it provided

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a one-page or one screen notation as to him I printed it out and attached

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it to a memo.

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Q: Can you please turn in the witness binder to Exhibit 74, a twopage exhibit first page is dated May 7, 2007 the memorandum Susan
Kagan from bill Stevens and the second page is a United States Patent
and Trademark Office print out. Do you recognize Exhibit 74, Mr.
Stevens.

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A: yes in its entirety.

Q: And how do you recognize it?

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A: my initials appear on the front page of the memo and I recall

having printed page two.
Ms. Kagan: I request Exhibit 74 be moved into evidence any
objection.

Mr. Coughlin: I object as its an internet print out hearsay.

Judge McElroy: Overruled. You can cross-examine if you have an

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issue in terms of whether it's unreliable or not, but at this point,

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overruled.

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Ms. Kagan: No further questions.

Mr. Coughlin: Good afternoon Mr. Stevens how are you? Mr.
Stevens, what would you say the point of your testimony was today?

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Ms. Kagan: Objection, relevancy.

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Judge McElroy: Sustained.

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Q: Mr. Stevens what did you understand you were coming here to
testify about today.

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Ms. Kagan: Objection, relevancy.

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Judge McElroy: Ill let him an answer that question in terms of

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the understanding of why we are here.

A: The authentication of documents connected with me in the
investigation of applicant's moral character.
Q: And those would be the DMV documents?
A: They were included in that yes.

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Q: Were there other documents included of note?

A: Exhibit 74 I believe it was noted as yes.

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Q: And that included 74 include DMV documents and anything

else of note, maybe a State Bar release too?

A: I am not sure that correctly states what we've just gone over.

Q: okay, well, would you mind telling me what that is?

A: you asked me to identify what I was going to testify about it

was authenticating certain documents the DMV ones which are 77

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and 76 and then 74 the US patent trademark office memo and print

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out do we?

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Judge McElroy: Mr. Coughlin it is your case.

Mr. Coughlin: I am just trying to understand, we had a discussion
earlier aboutJudge McElroy: Its your case, you need to do what you need to do.
I'm not here to be your lawyer.
Mr. Coughlin: okay did we established that the patent matter

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moot? The patent agent attorney distinction is that moot? Or it seemed

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like you made a ruling on that earlier.

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Judge McElroy: I didn't make a ruling on that.

Mr. Coughlin: you made some comment?
Judge McElroy: I made some comment on it and the State Bar
decided to put that in the trial.
Mr. Coughlin: to persist in presenting that evidence despite your
comment.
Judge McElroy: yes. What's the next question.

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Q: Mr. Stevens, do you know whether I am a patent agent or

attorney?
A: No.
Q: you are an investigator?

A: Yes.

Q: were you not able to deduce that?

Ms. Kagan: Objection, relevance.

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Judge McElroy: go ahead and let it in if you can.

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A: I don't recall what the question was.

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Q: Were you able to deduce with your investigation skills

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whether or not I'm a patent attorney?

A: yes.
Q: And what was the conclusion.
A: The conclusion I reached was on looking at the data available
that you are an agent.
Q: and that data consisted of a printout you found after doing a
Google search or something similar?
A: Yes.
Q: ok did you call the patent office and ask them?

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A: No.

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Q: did you make any direct contact with something you could

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interact with besides I a Google search?

A: interact?
Q: like ask a question, receive an answer.

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A: No.

Q: why didn't you do that? Isn't it part of-

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Judge McElroy: Let him answer.

A: I don't know if I can answer why I didn't do something.

Judge McElroy: there's his answer what's next question?

Mr. Coughlin: instead of saying why you didn't do something, tell

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me why you did choose not to call.

Ms. Kagan: objections asked and answered.

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Judge McElroy: Sustained.

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Mr. Coughlin: okay so someone can say I didn't understand why I

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didn't do something.
Judge McElroy: Ask the next question.
Mr. Coughlin: because I'm going to remember that one. I didn't
understand why I didn't do that.

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Judge McElroy: ask the next question.

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Mr. Coughlin: Okay and what did your DMV investigation yield?

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What type of information did we find?

A: What was produced in Exhibit 77.
Q: Can you tell me the gist of that.

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A: No.

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Q: You can't tell me the gist of it?

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A: No.
Q: Can you tell me did you get paid for working on this?

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Ms. Kagan: Objection, relevance.

Judge McElroy: Sustained.

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Mr. Coughlin: Am I not able to ask him any questions about his
compensation?

Judge McElroy: No.

Mr. Coughlin: so if he was paid $500,000 for this I wouldn't be able

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to ask him?
Judge McElroy: that's correct. I've made my ruling. What's the
next question.
Mr. Coughlin: can you tell me does that DMV printout say I got a
speeding ticket or?

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Ms. Kagan: Objection, beyond the scope of direct.

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Judge McElroy: I'm gonna go ahead and let him ask the question.

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A: Can you repeat the question?

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Mr. Coughlin: Sure, Mr. Stevens I will repeated it. Does that
DMV printout say I got a speeding ticket?
A: I don't know.
Q: would you mind considering that? It was your investigation so

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I'm just trying to you know get it straight from the guy who got paid

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for doing it, you know?

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Ms. Kagan: Objection, argumentative.

Judge McElroy: Sustained.
Mr. Coughlin: Can you tell me did I get a speeding ticket?
Ms. Kagan: Objection, asked and answered.

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Judge McElroy: sustained, it has been asked and answered.

Mr. Coughlin: Can you tell me what the answer was?

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Judge McElroy: He said he didn't know?

Mr. Coughlin: you don't know if I got a speeding ticket? Can you

give me your recollections about what you do know about me and this

case and your involvement in it.

Ms. Kagan: Objection, irrelevant, beyond the scope of direct.

Judge McElroy: Its very broad and vague and I am going to

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sustain it on that. Next question.

Mr. Coughlin: Your Honor, if you can provide me with any
direction as to what's important here?

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Judge McElroy: I am not your lawyer.

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Mr. Coughlin: okay, but earlier you said what were what we're

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really looking at is whether or not you reported this thing accurately

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right?

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Judge McElroy: I have done more than help you with this case
and it's as far as I'm ready to go at this point. You are a lawyer.
Mr. Coughlin: In Nevada.
Judge McElroy: In Nevada. A lawyer nonetheless, so you need to
proceed like a lawyer.
Mr. Coughlin: so I'm a lawyer in one state but not in this one?
Judge McElroy: apparently.
Mr. Coughlin: Mr. Stevens did you tell anyone during the course
of your investigation any information about me?

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Ms. Kagan: Objection, relevance.

Judge McElroy: Sustained.

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Mr. Coughlin: Mr. Stevens did you tell anyone that you thought or
someone else thought I was an alcoholic during the course of your
investigation?

Ms. Kagan: Objection, relevance and beyond the scope of direct.

Judge McElroy: I am going to let him ask the question. I know it's

beyond the scope of direct but he can put him on his own witness and

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this is to save time what's the question did you tell anyone in the course

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of your investigation or otherwise anything related to me that

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indicates that you think or someone else thinks that I'm an alcoholic?

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A: I would like to answer fully keeping in mind that you provided

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us with an authorization and certain details about your personal life I

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believe armed with that authorization, I did question the people to

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which you referred us about the subject matters of your application-

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Mr. Coughlin: and those people would be in please continue I don't

mean to interrupt here.
A: that's my that's my answer that's really what did you say to

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them whatever conversations I had with them I recorded in memos that

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can speak for themselves. I don't recall the exact-

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Mr. Coughlin: I don't have the memos Mr. Stevens so perhaps you
could speak for them.
A: generally?
Mr. Coughlin: sure. Well, how about tailored to what I asked you
originally?

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A: I spoke with your father and we discussed his participation in

Nevada's version for physicians of what we call The Other Bar and he

volunteered some information about you. I spoke with Mr. Torson-

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Mr. Coughlin: we're talking about what you volunteered about me

sir.
A: I'm sorry, I can't remember. I ask a lot of questions in the course
of an interview.
Q: So you never asked do you consider Mr. Coughlin to be an
alcoholic?

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A: I can't say that I didn't it's a question I would ask probably.

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Mr. Coughlin: okay we're there any were there any steps you took

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to maintain my confidentiality?
A: yes.

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Mr. Coughlin: what was that?

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A: within the confines of the general confidentiality of a moral

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character investigation I proceeded with the authorization you gave us

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to LAP and to the State Bar in general and asked only those questions

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of such people that could answer them with the knowledge of the

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release.

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Mr. Coughlin: And what people did you contact?

A: all of them?
Mr. Coughlin: yes, unless there was just a whole big giant list of
people butJudge McElroy: please let him answer the question.

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A: I contacted your father Dr. Timothy Coughlin, I believe is his

name, your character witness Tony Torson, witnesses referenced in the

applications such as Mr. Tratos, Ms. Smith Mr. Staheli, the Nevada Bar

Association the Nevada Department of Motor Vehicles the California

Department of Motor Vehicles the Office of General Counsel with the

State Bar, Bar Examiners of the State Bar. I don't know if thats an

exhaustive list but those are some of the people I contacted.

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Mr. Coughlin: ok thank you. Can you tell me what in the course of
your investigation would you say was the most damaging materials?
Ms. Kagan: objection, relevance and also Your Honor, this goes
beyond the scope of direct, if Mr. Coughlin wants to call Mr. Stevens he
needs to subpoena Mr. Stevens.
Mr. Coughlin: I was told that all witnesses and exhibits that were
listed by the State Bar would be available to me.
Judge McElroy: They are not available to you, but since he's here

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you can call him as your witness why don't you call him as your

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witness?

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Mr. Coughlin: ok, should I do that after the cross-examination or?

Judge McElroy: sure. But, I can advise you that this witness is not
helpful to you and the more you go into it, the more detail that wasn't
ever even presented is now being presented. You have opened this case
wide open.
Mr. Coughlin: But not so far that I can't go beyond what was in
direct?
Judge McElroy: I understand that. What I'm talking about is in
the overall case.

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Mr. Coughlin: well that's candor, isn't it? To put the case wide

open, isn't it? Does that display candor? Isn't that the issue in this case?

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Judge McElroy: go ahead, I tried to help you as much as I can. Go

ahead.
Mr. Coughlin: Mr. Steven, did you find any information in your
investigation that would be exculpating or tend to prove my character
character?
A: To prove your character, I don't know would be exculpating, so
I guess I might not understand that question.
Mr. Coughlin: Let's say somebody like Mr. Torson said something
about me that could be seen as showing I had character orJudge McElroy: This is beyond the scope of direct.
Mr. Coughlin: Well, now, wait. Direct was about proving my
character, right?

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Judge McElroy: No, it was about authentication of documents.

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Mr. Coughlin: Which was for the purpose of?

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Judge McElroy: Mr. Coughlin, I'm not going to argue with you

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anymore. I told you it's beyond the scope of direct. I've given you a lot of

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leeway in terms of the direct and going beyond the scope of direct.

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Mr. Coughlin: yes, Your Honor.

Judge McElroy: I've given you more than I should have, so at this
point it is beyond the scope of direct.
Mr. Coughlin: And the scope of direct is chiefly to authenticate
those documents?
Judge McElroy: exactly.

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Mr. Coughlin: and so even going into what those documents say, is
that within the scope? Or is it just?
Judge McElroy: it's what the documents say. He's already testified

that he doesn't- as to what the documents say. And the documents

frankly speak for themselves.

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Mr. Coughlin: Okay, Your Honor. I'd agree with you and I have no
more questions. Thank You Mr. Stevens. Can I call Mr. Stevens
directly, then?
Judge McElroy: sure he's here you can call him as your witness
and you're gonna have to proceed with no leading questions.
Mr. Coughlin: Mr. Stevens, did you find any exculpating type
material in your investigation?
Ms. Kagan: Objection, asked and answered.
Judge McElroy: I'm going to go ahead and let him ask that.
Mr. Coughlin: How could he have answered if you objected to it

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and the judge ruled? Judge McElroy: I mean if he wants to open it

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wide open, fine?

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Q: did you find any material that would tend to hurt your case?

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A: no.

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Q: No? So, was your communication with Mr. Torson such that
would be material that would tend to hurt your case?

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A: no.

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Q: And why is that?

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A: I don't have a case.

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Q: but the people who you work for and who pay you, their case?

A: No.

Q: No? And Mr. Torson's conversations and letter to you wouldn't

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tend to be something that would be exculpating?

A: again, we're back to exculpating, again. You asked me if it
would help or hurt our case. My case is to investigate your moral
character. It's, I believe, neutral in that regard.
Q: right, and that's where I'm saying if you found something that

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maybe wasn't neutral to Ms. Kagan's stance where, you know, she

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wants to paint me with this brush, right?

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Judge McElroy: Remember, no editorializing. Ask a question.

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Q: she's got a side, right? She's got an agenda that she's putting

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forth and you're getting paid by her or her employersMs. Kagan: Objection. And I'm going to sustain the objection this

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question is going nowhere. Q: Can you tell me what Mr. Torson told you

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or provided you with?

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A: I can summarize, generally, what he said.

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Mr. Coughlin: Okay, please do.

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A: He said no had known you nine months. He met you in an

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Alcoholics Anonymous meeting, that you could be counted on if asked

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to chair the appropriate AA meetings. That he was not aware of your

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criminal background or have of any lawsuits against you. That I

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believe he said he felt you're a good guy. That he may have known the

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member of the Nevada State Bar Association ethics Committee that you

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know.

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Ms. Kagan: Objection, hearsay.

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Judge McElroy: Sustained.

Mr. Coughlin: It's not trying to prove the truth of the matter

asserted, is he, Your Honor?

Judge McElroy: Then why is it relevant?

Mr. Coughlin: because it goes to character and candor which I

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believe is the chief issue.

Judge McElroy: not in this case. It goes to his candor? It's totally

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irrelevant.

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Mr. Coughlin: It goes to my candor.

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Judge McElroy: Its hearsay and I am going to sustain.

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Mr. Coughlin: But its not being offered to prove the truth of the

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matter asserted.
Judge McElroy: Then it's not relevant at this point, move on.

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What's the next question.

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Q: Can you continue tell me what Mr. Torson told you?

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Ms. Kagan: Objection, hearsay.

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Judge McElroy: it is sustained.

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Mr. Coughlin: He can tell me what the DMV told him?

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Judge McElroy: Mr. Coughlin, please ask the next question.

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Mr. Coughlin: he could talk about my father earlier and what my

dad told him, but he can't talk about what an exculpating witness tells
him?
Judge McElroy: I didn't hear him say anything about what your
dad said.

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Q: Mr. Stevens, if you found something that was exculpating,

would it be your responsibility to present that?
A: As in?
Mr. Coughlin: I guess to Ms. Kagan or whoever it is you are doing
this investigation for?

A: yes.

Q: Okay, so you would do so?

A: Yes.

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Q: and did you tell Ms. Kagan about Mr. Torson, and what he told
you?
A: can I speak about what I tell our attorney?

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Judge McElroy: At this point you can.

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A: yes I told her.

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Q: And did you speak to Judge Charles McGee?

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A: I can't remember.
Mr. Coughlin: Okay, because he was one of the phone numbers
given with Mr. Torson's.
A: Okay, wait, the question. You can't editorialize.
Mr. Coughlin: I'm trying to jog his memory.
Judge McElroy: He says he doesn't remember. Unless you have a
document to present to him let's move on to the next question.
Q: Remember when you originally listed the individuals you
spoke with?
Did you list Mr. Torson?

384/486 Complete Transcript of Trial 06-M-13755

A: yes.

Q:you did? Was there any other individuals? I'm not talking

about entities like the DMV or this this bar that bar, I am talking

about individuals that perhaps Ms. Kagan was given the contact

information for as character witnesses that you would have yourself

would up investigating?

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Ms. Kagan: objection, beyond his personal knowledge.

Judge McElroy: If you know.
A: I'm sorry to say this again, but I couldn't distill what the
question was of that.
Q: Did you talk to anybody else.
A: Other than?

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Q: For instance, how did you get Mr. Torson's contact info?

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A: He provided to us.

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Q: He provided it to you?

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A: Yes.

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Q: As in he sent a letter to you or to Ms. Kagan or-

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A: He sent a letter to the State Bar Association. Its in the file.

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Q: And that was what spurred you to go and call him? You made a
call, I assume, to him?
A: yes.

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Q: and did you call anybody else?

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A: with regard to Mr. Torson?

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Q: With regard to me in your investigation.

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A: yes.

Ms. Kagan: Objection, asked and answered.

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Judge McElroy: I'm gonna go ahead and let it stand.

Judge McElroy: go ahead ask the next question. He answered yes.

Q: Any more of those individuals?

Ms. Kagan: Objection, asked answered.

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Judge McElroy: overruled.

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A: I believe I listed them. I can try again. Mark Tratos.

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Mr. Coughlin: I don't need to know about the DMV and- I recall

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you sayingJudge McElroy: Let him answer.

Mr. Coughlin: Yes, Your Honor.
A: I listed them a few minutes ago. I can go through the list again.

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Mr. Tratos, Ms. Smith, Mr. Staheli, the Nevada Bar Association, the

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Nevada DMV, the California DMV , your father Timothy Coughlin,

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Tony Torson, our Office of General Counsel, our office of Bar

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Examiners. It's not an exhaustive list but that's all I can remember off

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the top of my head.

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Mr. Coughlin: Okay, are you referring to something right now? Do

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you have something in front of you that you're reading from or looking

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at? I noticed you're looking down you're not looking at some notes or

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something.

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A: No.
Mr. Coughlin: yeah okay.

386/486 Complete Transcript of Trial 06-M-13755

Judge McElroy: What's the next question?

Mr. Coughlin: Did you make any attempt to- I notice you called

individuals stemming from all the incidents that Ms. Kagan is

pushing, but did you call anybody-

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Ms. Kagan: Objection.

Judge McElroy: I'm going to sustain it.

Q: did you call anybody in an attempt to find out whether there is

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any exculpating evidence?

A: Yes.
Q: who?
A: I attempted to contact Judge McGee to whom you referred but
the number either you or anybody provided to us was no longer good.
Q: Okay, but now I am confused because a minute ago you didn't
know who Judge McGee was.
A: Right.
Q: But now you're calling-

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A: yes.

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Q: okay, and did you contact the Second Judicial District Court

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where Judge McGee is on the bench.

A: I don't think I did.
Q: Okay, that is kind of like with the patent thing where you
didn't call them earlier.

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Ms. Kagan: Objection, argumentative.

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Judge McElroy: Sustained.

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Q: Okay, so here you have a district court judge and you have an
opportunityJudge McElroy: No editorializing. Ask a question.
Mr. Coughlin: that's what he is. Editorializing would be giving an
opinion on that, right?
Judge McElroy: So, okay, we have a district court judge. What?
What is the question.
Q: Okay, so you are doing an investigation on my character, and a

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district court judge, correct me if I'm wrong, but there's opinions in

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California law that say their opinion in moral character cases is to be

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weighed heavily, it's to count a lot from what I recall-

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Ms. Kagan: Objection.

Judge McElroy: I'm going to sustain it. There's no questions as far
as I am concerned.
Q: So, why didn't you try to talk to a district court judge and get
his opinion about my character?

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A: I can answer your question.

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Mr. Coughlin: You don't need to tell me whether you can answer

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them or not. Just answer them.

A: As I recall Judge McGee, may also be a member of the
California State Bar and as such is required to keep his phone number
current with us. Any attempt I made to contact him would have
included his membership records phone number with the State Bar of
California. Not reaching a person who is a member of the State Bar at

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388/486 Complete Transcript of Trial 06-M-13755

that number, sometimes you move on to more promising leads in

investigating a case.

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Judge McElroy: what's your next question.

Q: Like a Mark Tratos?
A: in this case or any case?

Q: this case?

A: I don't know what you're asking.

Q: well, I'm asking what would be a more promising lead? A guy

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like Mark Tratos?

A: I called Mr. Tratos at his California State Bar as400 or
membership records phone number.
Q: Mr. Stevens, I am just asking you if that would be a more
promising lead.
Judge McElroy: He is answering the question. You don't like the
answer. What's the next question?
Mr. Coughlin: I'm asking if that would be considered a more
promising lead development.
Ms. Kagan: Objection, relevancy.

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Judge McElroy: Sustained.

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Q: would it be more promising because it's more obviously

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negative?
Ms. Kagan: objection, relevance.
Judge McElroy:.Sustained.

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Q: Would you train the focus of your investigation on to that

which appears to beJudge McElroy: At this point I'm going to stop you from asking

anymore questions because it seems to me that it's totally, at this point,

irrelevant, and we're not getting anywhere. So, I'm going to exercise my

right to limit your cross-examination, at this point, unless you can get

to the point.

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Mr. Coughlin: yes, Your Honor, can you tell me-

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Judge McElroy: that means I will give you another five minutes.

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Q: yes, Your Honor, thank you. Can you tell me why you didn't

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make any contact with the Second Judicial District Court in an

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attempt to reach Judge McGee there.

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Ms. Kagan: Objection, asked and answered.

Q: Can you tell me, do you think it would be important to get a
district court judge's opinion on that?

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Ms. Kagan: Objection, relevance.

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Judge McElroy: Sustained.

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Mr. Coughlin: No more questions, Your Honor.

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Judge McElroy: Do you have any more?

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Mr. Coughlin: No, Your Honor.

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Judge McElroy: thank you, you may step down.

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Ms. Kagan: Your Honor, may we take a ten-minute recess?

Judge McElroy: yes.

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Ms. Kagan: And the State Bar will call Lynn Thingvold to stand

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next.
Judge McElroy: Okay, and that's regarding?
Ms. Kagan: The rest of the DMV records.

Judge McElroy: Okay, back on the record.

Ms. Kagan: The State Bar calls Lynn Thingvold to the stand.

(The oath was administered to Lynn Thingvold.)

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By Ms. Kagan:

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Q: are you employed.

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A: yes.

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Q: where are you employed?

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A: at the State Bar of California Office of the chief trial counsel.

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Q: what is your title.

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A: a paralegal.

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Q: how long have you been a paralegal with the State Bar?
A: Approximately 19 years.
Q: did you have an opportunity to work on the matter of the moral
character case Zachary B. Coughlin.
A: Yes.
Q: and as part of your work on this matter were you at all in
contact with the Nevada Department of Motor Vehicles.

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A: yes, I believe I sent them a letter.

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Q: what was the purpose of the letter?

391/486 Complete Transcript of Trial 06-M-13755

A: to obtain more documents from them.

Q: when you say more documents was whether other documents

that we have received from them that you are aware of my

understanding I believe I had a copy of a DMV printout that I received

from either you or Mr. Stevens, I can't recall at the moment, and it

indicated at the bottom of the document that there were other

documents that we may want to want to try and obtain.

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Ms. Kagan: now, the document that yourMr. Coughlin: objection, relevance. I don't know what we're doing
with DMV stuff at this still-

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Judge McElroy: Overruled.

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Mr. Coughlin: we're gonna spend three hours on DMV stuff?

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Judge McElroy: Overruled.

Q: I'd like you as part of the witness binder Exhibit 77, do you

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recognize it?

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A: Yes.

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Q: How?

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A: I believe this is the document that I was just referring to from

the Department of Motor Vehicles from Novato and down at the bottom
are there different citation and conviction dates for, I guess,
convictions.
Q: was that the letter that you're referring to that spurred you to
write another letter to the DMV?
A: Yes.

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Q: Your Honor, may I approach? Let the record reflect that I am

handing Mr. Coughlin a copy of Exhibit 75. And I am giving the court

a copy of Exhibit 75. And the original to the court administrator, and a

copy to the witness.

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Mr. Coughlin: objection, Your Honor, on the basis of this only

being given to me right now.
Judge McElroy: Overruled.
Ms. Kagan: Exhibit 75 is a five-page exhibit the first page is a
letter dated September 19, 2006 from Nevada DMV to Lynn Thingvold.

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A: correct.

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Q: Do you recognize this exhibit?

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A: I do.

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Q: how do you recognize this exhibit?

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A: I'm believe I'm the one who offered the letter.

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Q: What happened to the letter after you offered it.

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A: I believe I just mailed it to the Nevada DMV.

Q: Did you ever receive a response from the Nevada DMV I
response to this letter?

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A: I believe so.

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Q: Do you recall what that was?

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A: I believe it was in response to my request for in the second

paragraph of the letter what I was requesting. I believe they were
responding to that.
Q: And that would be a driver's license data ten year record?

393/486 Complete Transcript of Trial 06-M-13755

A: Correct.

Q: Citation charging documents and conviction documents for a

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conviction on 1/9/03 of speeding citation R115317?

A: yes.
Q: citation charging documents and conviction documents for
conviction on 1/20/05 speeding citation number 0000982687?

A: correct.

Q: Failure to appear citation number 102053878A and disposition?

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A: correct.

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Q: Failure to appear citation number 102497085B and disposition?

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A: correct.

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Q: Failure to appear citation number 102497085A and disposition.

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A: yes.

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Q: Ms. Thingvold, Id like you to turn to what's been marked

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Exhibit 64, a 14-page exhibit the first page State of Nevada Department

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of Motor Vehicles central services Records Division. Do you recognize

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Exhibit 64?

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A: yes I do. I believe this is what they sent back. I received back
from them in response to my letter.
Ms. Kagan: Your Honor I request to have Exhibit 64 moved into
evidence.
Judge McElroy: Its admitted into evidence.

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Ms. Kagan: I've got further questions for this witness.

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Judge McElroy: Do you have any questions?

394/486 Complete Transcript of Trial 06-M-13755

Mr. Coughlin: yes, Your Honor. Hello Ms. Thingvold. How are you

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feeling today?

A: I'm okay.

Q: Can you tell me would what these charges are for?

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Ms. Kagan: Objection, relevance.

Judge McElroy: I'm going to go ahead and let you ask the question.

I'm going to overrule the objection. I'm going to a little detection I'm

sorry state the question again for me can you tell me what this

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basically what this DMV record says? Basically, what was I convicted

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of.

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A: Are you referring to Exhibit 64.

Mr. Coughlin: yes.
A: No, I can't tell you what it indicates that you may have been

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convicted of, but I did notice at the bottom of this page there was a

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citation date, a conviction date, a court date, a violation code, a citation

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number. So now I can't tell you what you were convicted of.

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Q: So, if this was a charge for driving 10 miles over the speed
limit, you would not know?
A: No.
Ms. Kagan: objection, relevance, and beyond her personal
knowledge.
Judge McElroy: I am going to overrule the objection. She's
indicated, no, she wouldn't know. So what's the next question.
Q: so do we know whether these are for speeding or some other
type of infraction?

395/486 Complete Transcript of Trial 06-M-13755

A: No, I don't know.

Q: we have no idea what these are for?

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A: I don't know.
Q: you don't? Okay, did you not follow up on that with the DMV
when you received these documents?

A: No, I didn't.

Q: so we just know it was a citation for speeding? Because I believe

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the letter toA: why don't you just ask the question?

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Q: okay, well in your letter, Ms. Thingvold, it says you are

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requesting citation charging documents for my 1/9/03 speeding

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citation?

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A: I'm sorry, you are referring to my letter Exhibit 75?

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Mr. Coughlin: that's correct, paragraph 2, page one, where it

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begins: I'm requesting the following documents from your agency and

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and you go on to mention a speeding citation in the last three letters

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3/1/07 from 1/9/03. in Exhibit 64, would that be the the citation

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referred? At the bottom of Exhibit 64, page one?

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Ms. Kagan: Objection, vague.

Judge McElroy: okay if you know. I think he's referring to
00982687?
Mr. Coughlin: well actually, perhaps, but I was referring to the

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one that ends in 317, hat's right above that R115317 and, prior to that, it

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says a 1/9/03 speeding-

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Judge McElroy: What's your question in reference to?

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Mr. Coughlin: I'm trying to establish that that citation is for

speeding.
Judge McElroy: Okay, so what's the next question.
Mr. Coughlin: we're going to put these into evidence, right? And
we have no idea what they are for? So maybe it would be helpful if we
knew what they were for?
Judge McElroy: I think the court knows what they are for. So, I
don't need any help.
Mr. Coughlin: Okay, so can we stipulate that these are basic
speeding citations? Speeding tickets, no more.
Judge McElroy: No, Exhibit 64 is in evidence and it speaks for

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itself, okay? There's failures to appear in it. Notices of failures to

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appear in it. There is citations, and if you want to go into it in detail

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and- You know? That, that's fine.

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Q: Okay, Ms. Thingvold, do these failures to appear, do they relate

to the speeding citations.

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Ms. Kagan: objection, beyond her personal knowledge.

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Judge McElroy: Sustained.

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Q: can you tell me what these failures to appear relate to?

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Ms. Kagan: objection, irrelevant and beyond her personal

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knowledge.
Judge McElroy: Sustained.
Q: Ms. Thingvold, in a lot of these failure to appear, one ends in
085B and one ends in 085A. Are those related to the same ticket?

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397/486 Complete Transcript of Trial 06-M-13755

Ms. Kagan: objection, beyond her personal knowledge, beyond the

scope of direct, and irrelevant

the scope and also on beyond her personal knowledge.

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Judge McElroy: Sustained on beyond

Q: Ms. Thingvold, can you confirm on page 2 of Exhibit 64 that

those failure to appears stem from 2000 and 2001.
A: objection, relevance and beyond her personal knowledge,
document speaks for itself.
Judge McElroy: I overrule the objection, but the document does
speak for itself.
A: I don't have any other knowledge other than what the
document says.
Q: and the document says for all three of these failure to appears

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that are listed here the 878A and the 085A and the 085B, which both,

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the A and B ones, both stem from the same date, 5/31/01 and the 87A

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stems from 2/24/00? Those are the dates of those, correct? So the are

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some time ago, right?

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A: I can only say what this piece of paper says and it has an end
date of the date that you just gave.
Q: Okay, and can failure to appear be for failure to have proof of
insurance?

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Ms. Kagan: Objection, beyond her personal knowledge.

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Judge McElroy: and that's sustained, based on that.

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A: can failures to appear stem from a failure to have proof of

registration or an expired registration.
Ms. Kagan: Objection, beyond her personal knowledge.

398/486 Complete Transcript of Trial 06-M-13755

Judge McElroy: Its sustained and it's also irrelevant. The issues is

you didn't report these failures to appear and were supposed to report

them.

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Mr. Coughlin: And that's for sure, right?

Judge McElroy: that's the issue.
Mr. Coughlin: because the application says for sure you have to
report a speeding ticket?
Judge McElroy: failures to appear.
Mr. Coughlin: Okay, but does it say you have to report a speeding
ticket?
Judge McElroy: Mr. Coughlin, it says what it says. Let's move on
and ask the next question. I'm suggesting that you might want to go to
what's relevant.

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Mr. Coughlin: ok, yes, Your Honor.

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Judge McElroy: What's the next question.

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Q: Ms. Thingvold, if I could direct you to Exhibit 1, page 12. Can

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you tell me is speeding a violation does that come within what's

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required from the second paragraph's instruction as to what you need to

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report?

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Ms. Kagan: Objection, beyond her personal knowledge, relevance,

beyond the scope of direct.

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Judge McElroy: Sustained.

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Q: Can you see where it says in answering the following questions

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you should include all such incidents and convictions. This is in the

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State Bar's application.

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Ms. Kagan: Same objection, Your Honor.

Mr. Coughlin: I haven't finished my question, Your Honor, and

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Ms. Kagan certainly got to read all afternoon.

Judge McElroy: Continue with your question. Go ahead and
finish your question and the let the objection.

Mr. Coughlin: I'm just telling you what this is from. This is from

the State Bar's application to practice law, moral character. It's under

the sections which direct you what convictions you need to report. It

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says in answering the following questions you should include all such

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incidents and convictions no matter how minor the incident, and it goes

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on to tell you what that means. Traffic violations which must be

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reported under this question include failure to appear, driving without

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a license, driving with a suspended license, and reckless driving as well

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as other traffic violations that result in a misdemeanor or felony

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convictions can you tell me in your research in these documents that

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you are here to verify, do those speeding tickets qualify as any of those?

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Ms. Kagan: Objection, relevance, beyond the scope of direct,

beyond her personal knowledge.
Mr. Coughlin: How is that not relevant?
Judge McElroy: The issue is- I'm going to sustain the objection.
And I don't think it it's relevant in terms of coming from this witness.

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Mr. Coughlin: okay, thank you Your Honor.

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Judge McElroy: in other words, her interpretation of this

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application is meaningless to this court.

Mr. Coughlin: Yes, Your Honor. Ms. Thingvold, do you perform
legal research for Ms. Kagan?

400/486 Complete Transcript of Trial 06-M-13755

Ms. Kagan: Objection, relevance.

Judge McElroy: Sustained.

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Q: Ms. Thingvold, can you tell me what type of work you did on
this case?

Ms. Kagan: objection, beyond the scope of direct.

Judge McElroy: Sustained.

Q: Can you tell me how you would describe the purpose of your

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testimony here today, what it was getting across?

Ms. Kagan: Objection, relevance.

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Judge McElroy: Sustained.

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Mr. Coughlin: because I don't understand how this differs from

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Mr. Stephens authenticating these documents early earlier. How at all

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is this different as a result?

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Judge McElroy: Exhibit 64 went into evidence.

Mr. Coughlin: But it's the same documents as what is inJudge McElroy: it's not all the same but you know what? You
need to ask the next question.
Q: In Exhibit 64, page 3, does that say that with regard to failure

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to appear, that one can pay a late fee or fine for failing to appear and

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taking care of whatever underlying citation there was and then that

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thereupon one will be able to drive again, have their license-

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Ms. Kagan: objection relevance .

Judge McElroy: I'm gonna go ahead let her look at look at page
three, and.

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A: I don't know, I'd have to read it.

Judge McElroy: Why don't you give her an opportunity to read it.

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A: your question, again?

Q: Does this document basically say that in order to prevent the

suspension of one's driving privilege, one need paid the fine related to

this failure to appear, and thereupon doing so the driving privilege

will not be suspended?

A: I believe it says you can prevent the suspension if you pay the

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court fine and obtain a clearance from the court before 6/27. I think

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those were two different things.

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Q: Okay, thank you. And on page 4, can you tell me, dealing with

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citation 085B, which is mentioned in your letter of Exhibit 75, does that

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say that this charge relates to having proof of insurance?

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A: it appears to.
Q: Okay, so, the failure to appear then would be for not paying the
fine and presenting proof of insurance on time.

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Ms. Kagan: Objection, beyond her personal knowledge.

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Judge McElroy: It is also irrelevant.

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Mr. Coughlin: how is this relevant?

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Judge McElroy: Its a notice of a failure to appear. You were

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supposed to report it to the State Bar. You did not report it to the State

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Bar. Its irrelevant.

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Mr. Coughlin: Okay, have we established that I didn't report it to

the State Bar?
Judge McElroy: yes, I think you admitted that you did.

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Mr. Coughlin: No, I don't recall doing that.

Judge McElroy: well, anyway it didn't appear on your application.

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Let's go on to the next question.

Mr. Coughlin: well, now, the convictions- the speeding tickets,
don't need to be on the application, right, Your Honor? Those aren't
listed within page 12 of the application, Exhibit 1.

Judge McElroy: I can't function as your attorney.

Mr. Coughlin: I know but I am just asking for relevancy's sake.

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Why are we talking about speeding tickets when they're not even

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convictions.

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Judge McElroy: We are talking about failures to appear.

Mr. Coughlin: Half of this day was spent showing speeding tickets.
Judge McElroy: Go on to the next question. What is the next
question.

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Mr. Coughlin: I don't have any more questions, Your Honor.

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Judge McElroy: you may step down.

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Mr. Coughlin: Your honor, for clarification, we didn't know what

these charges were for. Exhibit 64-page 8 indicates the one ending in
085 is for an expired license plate.

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Judge McElroy: Yes.

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Mr. Coughlin: okay, just so we know. I mean to march into court

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and say you were convicted of these three things and have no idea what

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they are-

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Judge McElroy: The issue is failure to report, failures to appear,

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and failure to report. Okay, so, Mr. Coughlin, do you have any other

witnesses?

Ms. Kagan: Your Honor, the only other witness I have is Dr.

Tucker, but I understand that we're going to convene again on March

17th.

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Judge McElroy: And h definitely will be able to appear in person?

Ms. Kagan: I've yet to here back from him, I've left two messages.
Judge McElroy: Okay, and Mr. Coughlin, do you have any more
evidence?

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Mr. Coughlin: I would like to call Ms. Kagan to the stand.

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Judge McElroy: you're not going to be allowed to call her. So, any

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other witnesses?
Mr. Coughlin: may I ask why?
Judge McElroy: No. Do you have any witnesses?
Mr. Coughlin: I would also like to point out that citation-

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Judge McElroy: Mr. Coughlin

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Mr. Coughlin: 878A is for an expired license plate as well.

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Judge McElroy: Do you have any other witnesses?

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Mr. Coughlin: Yes, I would like to call myself.

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Judge McElroy: you can.

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Mr. Coughlin: And testify in the narrative format.

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Judge McElroy: yes, you do. Yes, you can and also you are under
oath, you understand that?

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Mr. Coughlin: yes,Your Honor.

By Mr. Coughlin:
A: I'd like to point out that Exhibit 1, page 12 under convictions,
speeding tickets are not listed under what needs to be reported./

Judge McElroy: Okay.

Mr. Coughlin: and. Further to address the candor issue, Id like to

point out some things that were reported. Your Honor, every arrest I

had was reported promptly to both state bars and the things that Ms.

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Kagan is saying have not been reported our paling in comparison to

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those. They're the types of small clerical oversights that previous

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opinions from this Court have mentioned as, particularly in a case

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where one has reported something far more serious, the court has

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deemed those to be so minor as to be inconsequential in bearing upon

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issue candor and character. Specifically, in this regard, I would point to

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Ms. Kagan's mincing attempts at distinguishing between being a patent

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attorney and being a patent agent.

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Ms. Kagan: I object to that characterization.

Judge McElroy: I'm going to overrule the objection.
Mr. Coughlin: Further, a failure to appear for something as minor

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as not having proof of insurance or being late to pay the fine for proof

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of insurance, or being late to send in the fine for not having an

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expiration sticker on one's license plate is a mincing attempt as well at

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showing some lack of candor on Ms. Kagan's part, particularly where

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someone has self-reported in regard to alcohol use, thus resulting an

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extensive invasion of privacy and involvement with the LAP program,

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as well as where someone has reported an arrest and subsequent

405/486 Complete Transcript of Trial 06-M-13755

conviction for a dry reckless and has reported the movie theater arrest,

which didn't even lead to a conviction. I point out that under page 12

the application, such an arrest which didn't lead to a conviction need

not be reported. So if that doesn't go above and beyond what's called for

in terms of being having candor and being forthright with the bar, I

would be surprised. Id also like to note in regard to the bar's position

that I somehow inadequately reported the academic dishonesty

investigation that Exhibit 1, page 25 wherein I have an update to my

application has language in it that is pretty much taken directly from

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Mr. Philip Burn's, the Student Judicial Affairs Officer UNLV, his one

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page, and I believe this is the exhibit that we looked at with Dean

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Smith, his one-page summation of what his investigation and his

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ruling says. In that I quote from Exhibit 1, page 25, this is paragraph 3

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after this the bottom of it: after the Student Judicial Affairs Officer

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for my law school conducted a full investigation the matter was

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resolved with a finding that no academic dishonesty took place on my

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part. How Ms. Kagan can try to turn this into I somehow didn't report

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this or inaccurately reported it when that's language taken directly

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from Mr. Burn's ruling on the matter, I don't understand.

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May I have one second to get my index, Your Honor?

Judge McElroy: Yes.
Mr. Coughlin: one other thing, and I'm just trying to stick to

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things that really stand out to me and not take up any more of your

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time with things that I don't have a good faith belief are important to

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this case is the LAP program. I don't know if you've ever seen a LAP

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program brochure like those that are out in the hallway before your

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courtroom. They go to great lengths to stress how confidential the

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program is and I would say that I have trouble understanding how this

program is at all confidential when I entered an abeyance agreement

with the State Bar which called for and Ill quote verbatim the LAP

program to monitor my recovery from alcohol abuse.

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Ms. Kagan: Objection, what is Mr. Coughlin quoting verbatim

from?
Mr. Coughlin: That would be the abeyance agreement between

myself and the State Bar dated July 2004. that would be Exhibit 38,

wherein on page two paragraph 3 it says: Coughlin's recovery from

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alcohol abuse will be monitored by an agent from the LAP program.

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I don't understand, one how a program that so openly purports to be

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confidential and stresses that in all its literature and advertisements

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in bar journals and the like and can result in someone like myself

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having all their medical records gone through-

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Judge McElroy: Didn't you sign a waiver of confidentiality for a

release of informationMr. Coughlin: well, that's what I'm getting at. Is this just the

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biggest Catch-22 in the world? Where we're going to say we are such a

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confidential program, now sign this waiver releasing your

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confidentiality-

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Judge McElroy: That happened in this case, so let's move on to

another issue.
Mr. Coughlin: they do that to everybody, every single applicant.
So why say you are a confidential program. I don't get it.
Judge McElroy: Mr. Coughlin, you waived it, move on.
Mr. Coughlin: In my narrative testimony I will say I don't get it-

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Judge McElroy: you obviously don't. So, let's go on.

Mr. Coughlin: no, I really don't get it.

Judge McElroy: that's clear.

Mr. Coughlin: further, this involvement with the LAP program

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whereupon I entered into an agreement with the State Bar which says

that my recovery and I'm quoting from Exhibit 38 page two paragraph

3 as I did earlier my recovery from alcohol abuse will be monitored by

an agent from the LAP program. How that can turn into getting all my

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medical records and presenting them to the bench? How that can turn

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into having that in an opinion? How that can amount to if you look at

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the LAP's- and in this goes to something we spoke about in one of our

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teleconferences, Your Honor wherein, you said thatJudge McElroy: Please. The issue is whether you have the

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requisite moral character to become a lawyer in the State of California.

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Confine your testimony to that issue.

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Mr. Coughlin: Okay, Your Honor, I believe my testimony right

now does speak to that-

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Judge McElroy: A waiver of confidentiality has nuthin' to do with

it.

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Mr. Coughlin: does it have to do with one's candor? If one has been

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battered around and treated by Sipowicz on NYPD Blue, is one going to

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be all that candid? If one has no faith in the people who are-

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Judge McElroy: Okay, what's? Come on, let's move on with your
testimony?
Mr. Coughlin: well, it's you need to show candor, but is that in a
vacuum or does that depend who I'm talking to? You know, if I'm

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getting abused and having vexatious and nefarious tactics thrown at

me am I still supposed to be completely candid?

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Ms. Kagan: Objection to the characterization of that.

Judge McElroy: Yes.

Mr. Coughlin: In the face of all that?

Judge McElroy: in the face of all that.

Mr. Coughlin: should the Duke lacrosse players been completely

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candid to the runaway rogue prosecutor?

Ms. Kagan: Objection, relevance.
Judge McElroy: I am not going to answer any more questions. I am
not the person on trial on here, you are.
Mr. Coughlin: I'm testifying. That was more of an
extemporaneous question.
Judge McElroy: Then, please, testify.
Mr. Coughlin: That was a theoretical question.
Judge McElroy: I understand that, move on. Okay, I'm giving you

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15 minutes and then I'm wrapping this up in terms of your testimony

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and you.

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Mr. Coughlin: So, I get 15 minutes but we can take an hour and a
half to verify documents from the DMV?
Judge McElroy: yes.
Mr. Coughlin: To prove speeding tickets that didn't even need to
be reported?
Judge McElroy: That's correct, go ahead.

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Mr. Coughlin: Okay, I just want to be sure. So, I'm still confused as

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Judge McElroy: confusion is not what you're supposed to testify

about. Just please testify as to rebutting the State Bar's position that

you do lack the requisite moral character to be a lawyer in California.

That's what you're on trial for, what you are on the stand for right now.

That is not evidence. Don't tell me you're confused or that you don't

understand. That is not evidence, your confusion.

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Mr. Coughlin: I feel that the State Bar's assertions that I don't
have this character that they speak of are without merit. Chief among
the State Bar's assertions relate to my reporting of academic
investigations or something stemming from my time at UNLV and that
would relate to the questions in the application. Exhibit one, for
instance, wherein it calls for reporting any sort of censure or
punishment meted out by a school. I'm saying in my application not
only did I in my opinion say everything that had anything to do with
that moving a computer issue. I reported I was fined a $100. I reported I
moved it. The only real issue we seem to have is how far I moved it. I
said 10 feet. The witness says it's in a room that's all oblong, that's no
larger than this room. So to say I somehow didn't report that I think is
baseless or that my reporting of it was somehow inaccurate I don't see
where there's an issue with that at all. So that will lead to the State
Bar saying there's an issue with my reporting of the paper
investigation for which Mark Tratos' testimony was to speak to. Well I
direct the court's attention to Exhibit 1, page 25, wherein if you consider
the last two paragraphs, and this goes to candor and rebutting the State
Bar's assertion that I was somehow misleading in my reporting of this,
and I know Ive already hit on this, but I just want to take one second to

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point this out again is that I did report there was a investigation. An

academic dishonesty investigation, whereupon the State Bar certainly

able to get the story from someone besides me, you know? So largely just

reporting it in itself pretty much in my opinion it covers the candor

aspect of it. Now granted, if someone goes on to tell a bunch of lies

about it then that would prove to be otherwise. But I take language

straight out of Mr. Burn's report. I'd also like to mention that I'm not

entirely sure that I didn't provide that report to the State Bar. That is

not clear to me because I believe there's a good chance that I, or Mr.

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Fishkin, my prior attorney would have provided that reports to the

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State Bar.

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Ms. Kagan: Objection, lacks foundation.

Mr. Coughlin: but did you ever prove that you did or that I didn't?

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Judge McElroy: I'm going to overrule the objection.

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Mr. Coughlin: I don't recall it ever being proved how they got a

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hold of that report and whether or not itJudge McElroy: The question is did you give them this report? Did
you give them this report?
Mr. Coughlin: I'm not sure.

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Judge McElroy: ok so let's move on to the next.

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Mr. Coughlin: Okay, but a characterization? Okay, but clearly in

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page 25 my addendum or something to my application I say there's an

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academic dishonesty investigation. This is the third paragraph. I say

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the matter was resolved with a finding that no academic dishonesty

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took place on my part. That's accurate. Dean Smith testified as much.

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Mr. Burns's opinion letter on this says the same thing. So where the

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State Bar is saying I was inaccurate or misleading, I'm not sure? I

gather it's from the sentence that says there was a formal letter of

warning but if we refer to Mr. Burn's-

Judge McElroy: Exhibit 53.

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Mr. Coughlin: Thank you, Your Honor. If we refer to that I'll

directed the last paragraph whereupon Mr. Burns says I'm
recommending this case be resolved on an informal basis. You have 10
working days after receipt of an informal resolution letter to request
that a formal hearing take place, all sanctions offered through the
informal process will be void, the formal hearing Committee, yet you
know and it goes on. So that language to me certainly sounds like this
is informal. Further,in paragraph 2, there's further language that
points to an informal tone to this, this whole investigation and the
resolution thereof wherein, and I quote, in paragraph 2 line 4: in
addition, it appears that academic dishonesty did not occur. I'm sorry,
above that. after an investigation it appears that the matter of your
remarks has been informally resolved between you and your
instructors. In addition, it appears that academic dishonesty did not
occur. so how the State Bar can go on to say I somehow inaccurately
reported this such that you should deny me a law license after five
years of fighting this battle with the State Bar and their deep pockets
and extensive set of resources that they have to use in presenting
something like ten witnesses and having-

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Ms. Kagan: Objection, motion to strike.

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Judge McElroy: Mr. Coughlin, it appears that you are running on

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and I think what I need to do is direct your attention to what the court

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is interested in. I've heard enough information in terms of what you

412/486 Complete Transcript of Trial 06-M-13755

didn't report on your application in terms of the student investigation,

okay? I've heard enough evidence on that. The issues here are the

failure to report the Department of Motor Vehicles violations that is

the failure to appears. There's also the civil judgment and defaults that

you didn't report. There's also your employment history, your address

history and your financial obligations that you didn't report. You

should direct the remainder of your testimony to dealing with those

issues. They were not reported. They were material omissions that were

not reported. Deal with that.

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Mr. Coughlin: thank you, Your Honor, I appreciate your focusing

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me in that regard. If I had telephone conversations with Ms. Kagan

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that would amount to reporting the default judgment, would that be

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pertinent?

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Ms. Kagan: objection.

Judge McElroy: you can testify to whatever you want to testify to.

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All I'm saying is that they're not on your application and they're not

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winning and you need to provide us with an explanation as to why they

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were not on your application, why they were not given an update until

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a certain point. We're not giving an update until 2/15/07.

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Mr. Coughlin: not a written update until that point.

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Judge McElroy: Not a written update.

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Mr. Coughlin: Obviously, the telephone call to Ms. Kagan would

have taken place prior to that.
Judge McElroy: that's all hearsay. I don't know. It's inherently

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unreliable, it is just your verbal assertions. But if that's the evidence

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you want to present that's fine.

413/486 Complete Transcript of Trial 06-M-13755

Mr. Coughlin: And can Ms. Kagan be made to speak to that?

Judge McElroy: No.

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Mr. Coughlin: so we can't we can't ask her that? Ms. Kagan is not
the Committee of Examiners. You were supposed to report this to the
Committee of Examiners. She is not a member of the Committee of
Examiners. You need to offer an explanation as to why you did not
report these things.
Mr. Coughlin: Okay, and that's true even when Ms. Kagan came
into the picture?
Judge McElroy: that's true even when Ms. Kagan came into the
picture.
Mr. Coughlin: so anything I report to her cannot be said to have

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been reported to the State Bar? So, in essence, if I didn't send my update

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to the State Bar, I still haven't reported it to them, right? About the

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financial stuff?

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Judge McElroy: Mr. Coughlin, please just address the issues.

There's nothing until Feb, or September 15, 2007. prior to that it wasn't
reported, why not?

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Mr. Coughlin: And September 15, 2007 is the update I sent? The 30

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to 40 pages with the something like 800 AA signatures that show a one-

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hour meeting for each signature? Of course the phone call with Ms.

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Kagan would have taken place prior to this. I find the fact that Ms.

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Kagan is not acknowledging this, or appears not to be acknowledging

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this further proves-

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Ms. Kagan: I object on the characterization of this testimony.

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Judge McElroy: I am going to sustain the objection and strike it.

You need to deal with why you didn't report this.
Mr. Coughlin: I believe a prosecutor has a duty to report
exculpating evidenceJudge McElroy: let me just give you an example. Have you ever
been in business for yourself you reported that you were in business for
yourself October 2003 until 2005. at that time to my knowledge, Ms.
Kagan was not even on the case. Why wasn't it reported in 2003 that
you were, in fact, an owner and operator of your own business when you
were supposed to report it? Those are the kind of issues I'm interested
in. I'm not interested in a diatribe against the prosecutor. You are the
person that is sitting here on trial. So you need to address those issues. I
would suggest that you stay away from impugning Ms. Kagan. That is
not helping your case. You need to take responsibility for your material
omissions from this application.
Mr. Coughlin: Okay. I do need to take responsibility for not

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reporting the financial debts I owed earlier. For not reporting the

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business, although I can't say I knew I had to report that, I know there's

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language that says you have a continuing duty and if you look at this

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application. You know and you read it verbatim and you can

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continually ask yourself over this five-year period, do I need to do any

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of this stuff then you might say well yeah I do because right here in

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page 30 you know paragraph 2 sub 1 it says you need to report. But, I'm

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afraid I only reported the things that really I was quite sure needed to

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be reported. Things like being arrested things that stood out as having

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you know a salient quality to them within this application. I've seen

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case law where someone to failed to report some minor aspect of

415/486 Complete Transcript of Trial 06-M-13755

something related to a question in this application, however they

reported something more serious, like an arrest and the court took note

of that and it weighed the relative importance of each reporting and

found something like not reporting failure to appear that stems from

not having proof of registration and paying the fine late as to

inconsequential to affect the decision whether or not one should be

getting a law license after going to law school and passing the bar exam

and incurring a great deal of student debt. I mean I as public policy

issue here, I think a certain amount of, I don't want to say common

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sense, but I think a certain amount of- that's just, that's just too harsh.

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We're going to turn this guy's law license down because he didn't report

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he had a speeding ticket? That's a little harsh I think and I think that

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sends a bad message out to people about this profession and sends a bad

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message out to prospective attorneys. So I agree with you I do need to

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take responsibility about reporting things like the financial debts,

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about reporting that I was in business for myself. With regard to the

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judgment, the civil judgment or first with regard to the unlawful

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retainers I can't say I- I didn't realize that needed to be reported until

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some point probably after Ms. Kagan indicated that to me. I didn't

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realize that there was case numbers and cases against me. I thought I

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had been evicted, I didn't realize the implications of that. If there was

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some hearing that took place later I didn't know about it and so

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hopefully that can be seen as somewhat of a mitigating factor in my not

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reporting it although, certainly I do have a duty to know this

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application backwards and forwards from what I can tell and perhaps I

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could have somehow known that. But, I don't see- I don't know that we

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proved that I had knowledge there was an unlawful detainer action

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against me. I think we can prove that I had been evicted, but I don't

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know about if those are the same thing. Maybe they are, but that's a

subtle distinction. With regard to the judgment by the Uni-shippers

that to me seems more obvious that that's something that needs to be

reported, however I can say that at the time that judgment occurred

which my understanding is was some time in early 2005 or early 2006,

and just by way of reference, I was terminated from the LAP program

in early 2006? so whether or not I have a duty to report anything after

I've been terminated from the LAP program, I don't know.. and even

prior to that I don't know that I have a duty to report something. Now

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there might be a rule saying just this but that I have a duty to report

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something after the State Bar has turned me down as well. At that

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point, as I understand that I'm involved in litigation. You know it's a

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little bit different than someone who is originally applying for

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something and I think it's important to note that in my original

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application from 02 I don't believe the State Bar has shown that there

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was any anything of substance that I failed to include or that I was

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somehow misleading about. All the issues the State Bar is taking is

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from events that occurred some of them in late 05 that we weren't

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reported. At that stage of the game, I'm in litigation with the State Bar

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or earlier than that I had an attorney, Mr. Fishkin. Mr. Fishkin knew I

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was running a business. Whether or not reporting that to him is

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tantamount to reporting to the State , I don't know. I certainly didn't

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tell him not to report. I would submit to you that I did make mention of

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my need to report things to Ms. Kagan early on into it to the start of

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this litigation and that Ms. Kagan indicated me that I would have an

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opportunity-

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Ms. Kagan: Objection, hearsay.

Mr. Coughlin: I'm not able to say what she said to me?

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Judge McElroy: okay it's not going in for the truth of the matter

stated, it's going to, it's relevant to your state of mind, ok Ill let it in.

Mr. Coughlin: ok thank you. Ms. Kagan said to me that I would

have an opportunity to update the State Bar with regard to the things

that needed to be updated in connection with my application. At some

point Ms. Kagan must have changed her mind because she filed her

application which-

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Ms. Kagan: I object to this testimony. There's no documentation to

that effect and I can't get on the stand and rebut these statements.
Judge McElroy: it's not going in for the truth of the matter stated

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it's relevant to his state of mind and how he. I will go ahead and let him

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testify.

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Mr. Coughlin: thank you and so if we're talking about not

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reporting that judgment in connection with the shipping charges my

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contention would be that you could consider my statements to Ms.

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Kagan as reporting it which would have been sometime in late mid-to-

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late 06 and if the judgment didn't come until I believe around either

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later 2005 or early 06 then in the context of being involved in this

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litigation, I don't know that there is a duty to report it at that phase. I

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don't know that I knew there was a duty to report it or that I

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remembered that the application had language to the effect that

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certain things involving administrative hearings or something like

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that need to be reported. I don't know that and if indeed I did become

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aware of a need to do that or became cognizant that that might be

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something one needs to report I can't say that I knew that I wouldn't

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have an opportunity to appeal that prior to needing to report that or

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that I was sure that my appeal avenues had been exhausted in that

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regard. As far as not reporting stuff that's pretty much all I wish to say

about that.

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I can think of some other things I would go on about but if there's

something you could direct my focus to-

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Judge McElroy: No, I think you've covered the issues in terms of

what this court needs to know.
Mr. Coughlin: Okay, so if I can just be sure, Your Honor, before I

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say I don't have anything else I'd like to-

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Judge McElroy: discuss the academic dishonesty investigation.

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Mr. Coughlin: and the reporting is what's really important, isn't

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it?

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Judge McElroy: yes. You have reported the law school computer.

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You have dealt with that issue. Dealt with the employment history

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and your termination. You- we, you dealt with the U.S. Patent and

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Trademark Office.

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Mr. Coughlin: I am sorry, Your Honor, my termination from

where?

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Judge McElroy: termination from law firms.

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Mr. Coughlin: Okay. And that is important?

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Judge McElroy: you dealt with the issue of the U.S. Patent and

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Trademark Office. You dealt with the substance abuse issue. You dealt

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with the conviction issue, and now you've dealt with the material

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omissions, issue.

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Mr. Coughlin: The conviction for dry reckless?

Judge McElroy: yes.

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Mr. Coughlin: Okay, can I move to strike anything regarding the

movie arrest.
Judge McElroy: No.
Mr. Coughlin: okay, does it matter that those aren't required to be
reported by the application?
Judge McElroy: that issue goes to behavior/ that's not to

reporting. Okay, and we have dealt with the civil judgments in default.

Dealt with the address financial obligations.

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Mr. Coughlin: I would like to make a few statements about the not
reporting of things like the address, andJudge McElroy: Go ahead.
Mr. Coughlin: Upon a review of this and the dates of my address,
you can tell, and in fact my reporting arrests that didn't even need to
be reported to the State Bar, which I did in my original application
with regard to the movie theater arrest, but also in my prompt
reporting of the DUI to dry reckless conviction arrest, you see a trend
here. It's anything that, that you know, obviously needed to be reported
was promptly reported. I believe yourself, myself, and Ms. Kagan, we
could point to issues or situations where we are vaguely aware or we
might be aware that some prospective attorney didn't report something
like a DUI or didn't report this or that and got away with it and that's
not what's going on here. I reported my arrest promptly. I reported the
movie theater arrest which wasn't even required to be reported. Also I
went in and brought up the subject of alcoholism with a Committee
that has a LAP program in its infancy that perhaps hasn't gotten all
the kinks out yet. So, to me there's so much candor going on here that to
try to say that that's undone by not reporting an expired license plate

420/486 Complete Transcript of Trial 06-M-13755

ticket failure to appear doesn't seem right to me. But also just what I

really wanted to get at was, okay, they are saying you're not really

keeping us updated in the way we'd like to see an applicant do it. You're

not giving us your address history promptly. You're not reporting

speeding tickets, although I don't think those are supposed to be

reported, but things like . and I can say, absolutely, I agree with you, I

should have done a better job of that. I should have been more

fastidious, in particular, and prompt. But, I don't know that I can

communicate to you quite what it's like going to through a five-year

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thing like this with three different state bars. And it's been longer than

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five years, because all this, what you see in these exhibits started to

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occur and late 2001. and so now we're in May 2005, or 2007. So that is

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something like six years and change of going through this. And that's

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on top of taking and passing three bar Exams, getting out of law school,

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going through law school not on somebody else's dime,

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but through a great deal of student loans, and saving, and sacrificing.

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And, so you know, for a lot of people that's tiring enough, just doing

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that, and then going starting a job where you get paid a good deal of

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money is tiring.

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Well, I didn't do that. I did all that and then I got three and a
half years of waiting and litigation with Nevada bar. I got to go to, I'm
thankful for this now, but I got to go to something like 800 AA
meetings. I got to have an extensive involvement with the State Bar
which is culminated in a trial that's going to last at least four days.
And this is in the context of having documented, established chronic
back and neck pain, ADD, and perhaps some other issues that I would
ask if you have the time please review my doctors records that are
included in these statements. Because, I think, if I'm going to go to the

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trouble to pay all these people to make these records on my dime, in,

you know, which if we get into the LAP stuff will show a LAP

statement where they say nobody will be turned away because they

can't pay. We will pay for you if you need help with the LAP. That

wasn't the case with me because I wound up paying all these doctors for

their reports and and a lot of stuff. So my involvement with LAP and

the financial difficulties of all this in combination with some of the

physical problems I face on a daily basis like chronic back and neck

pain, ADD and you know whatever other issues we want to talk about.

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And I'm certainly not going to get into alcohol related things because of

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the bureaucratic morass that has surrounded any attempt to have an

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honest discussion about that with the State Bar. But all that in total

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can wear you down a great deal. And so you may not be on top of your

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game and you not might not be reporting where I lived from when to

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when to the State Bar as promptly as you should. But I would just ask

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that you try to give that some consideration. And other than that I

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don't think I have a great deal to say other than, I think it's a shame if

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someone like Judge McGee, a district court judge, doesn't get have an

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opportunity to-

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Ms. Kagan: Objection.

Judge McElroy: and I'm going to sustain the objection at this
point. Do you have any more evidence?
Mr. Coughlin: we're still, I mean, I was I had a urine and blood

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screen taken at this independent medical exam. We're still going to get

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into all that, right?

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Judge McElroy: With the doctor.

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Mr. Coughlin: Okay, so no, as of now, Your Honor, I don't.

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Judge McElroy: so you're reserving the rest of your testimony

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until after the doctor testifies.

Mr. Coughlin: Yes, Your Honor.

Judge McElroy: Do you have any cross-examination?

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Ms. Kagan: only the question of whether Mr. Coughlin wants to

admit the doctor's report into evidence at this time.
Mr. Coughlin: is that is that pressing at this point? Can I take

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some time to review it further?

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Judge McElroy: Sure, its up to you.

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Mr. Coughlin: If the court doesn't mind, I'd like to have the

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opportunity to review it further before coming back.

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Judge McElroy: Yes. That's fine, okay, any other?

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Ms. Kagan: No, Your Honor.

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Judge McElroy: Okay, so we will come back on Thursday at 10:30,

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next Thursday, May 17th.

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Ms. Kagan: If for some reason the doctor can not come back on that
day?
Judge McElroy: Notify the court as soon as possible and also the
applicant. We are off the record.

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5/22/07 Transcript:
Judge McElroy: This is a matter of Zachary Coughlin. Today's

date is May 22nd, 2007 and it is the fourth day in the trial matter

resuming with the Committee's rebuttal of the applicant's case. Mr.

Coughlin is not here. This is their fourth day of the trial and it's the

fourth day that he's been late and we have waited 45 minutes. Other

times we waited an hour, and other times we waited an hour and a half.

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Mr. Coughlin called the court at a quarter to nine and said that he was

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10 minutes away. The court called him again at 9:45, excuse me 9:30 and

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told him to be here. He said that he was the 10 minutes away. And he's

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still not here. So, we're going to resume without him, okay?

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(The oath was administered to Dr. Douglas Tucker, MD)

By Ms. Kagan:
Q. Morning, Dr. Tucker, I just wanna go through a little bit of
your background before we go on discussing this matter. Where did you
receive your education?
A. I went to undergraduate and medical school at University of

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Michigan in Ann Arbor and I did my medical internship, my

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psychiatric residency, and my first fellowship at the UCLA in Los

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Angeles, my second psychiatric fellowship in forensic psychiatry at

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Rush Presbyterian saint Lukes Hospital in Chicago.

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Q: are you currently in practice?

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A: yes.

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Q: An what is your practice?

424/486 Complete Transcript of Trial 06-M-13755

A: my practice is general adult outpatient psychiatry.

Q: do you have any specializations?

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A: yes I do. I am board certified in general psychiatry, I'm also

board certified in addiction psychiatry, and forensic psychiatry. I also
am certified by the American Society of Addiction Medicine.

Q: can you just explain what the field of addiction medicine is?

A: yes. Well, addiction psychiatry and addiction medicine are

related but slightly different. Addiction medicine would be all

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physician, essentially, who deal with addictions, the physical and

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biological as well as the emotional and psychiatric dimensions.

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Addiction psychiatry is more of a psychiatric perspective, so we are

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interested in the biology and what's going on in the brain and the body

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of the addict or alcoholic but we also are interested in the psychosocial

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aspects. These are, after all, bio-psychosocial disorders. There are

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biological, psychological, and social determinants of addictive disorders

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Q: Dr. Tucker, please look at exhibit 71A which is the curriculum

vitae of Douglas Tucker, MD. Do you recognize this exhibit?
A. yes. This is my most recent CV.

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Q. is the information contained on this CV accurate?

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A. yes it is.

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K. I move to have Exhibit 71A moved into evidence.

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Judge McElroy: 71A is moved into evidence and the record should
reflect that Mr. Coughlin has entered the court at ten to ten and we

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425/486 Complete Transcript of Trial 06-M-13755

have started with the direct examination of Dr. Tucker. Did you have a

chance to evaluate Zachary Coughlin?

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A. Yes.
Q: When did you perform that evaluation?

A. We met at my office on April 27th of this year.

Ms. Kagan: actually I wanna go back for a seconds. The bar

tenders Dr. Tucker as an expert in the field of addiction medicine and

psychiatry.

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Judge McElroy: do you have any cross-examination on that issue?

C. No, Your Honor.

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M. Okay, he's an expert in the field of addiction psychiatry.

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Q. Going back to the evaluation. After you performed the

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evaluation did you issue a report in this matter?

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A. yes, I did.

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Q. Look at exhibit 71, which is on the letterhead of Douglas E.

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Tucker, MD, and it is dated May 7, 2007, and it is In Re Zachary B.

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Coughlin and it is case number 06-M-13755. Do you recognize this?

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A. yes.

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Q. how do you recognize the exhibit?

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A. This is the report that I wrote in this case.

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Q. Dr. Tucker, is this report accurate.

A. yes.
Ms. Kagan: I request to have Exhibit 71 moved into evidence.

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Judge McElroy: okay I think there should be more of a

foundation. Why don't you set up more of a foundation.
Ms. Kagan: So what was the purpose of the report, Dr. Tucker?
A. Well, I was asked to perform a forensic psychiatric evaluation
of Mr. Coughlin, focusing in particular on issues of alcohol or other
substance abuse and to determine if he had any diagnoses, and, if so,
what kind of monitoring or treatment would be recommended.
Q. Did you do that?

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A. Yes.

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Q. Can you explain a little bit about what took place in the

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evaluation and what you looked at in order to form your opinion.

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A. Sure, we met for three hours and ten minutes in my office and
that was after I had reviewed a number of documents which I listed
here at the beginning of my report. So, I was familiar with this case
and some of his background, which would have been contained in these
reports. And then we met for several hours. I performed a standard
forensic clinical psychiatric interview, got to know him as well as I
could. I asked the issues that are meeting up to this evaluation as well
as more broadly his psychiatric and substance abuse history,
developmental history, academic, legal history, his social history in
relationships, past medical history, family history. I really you did a
comprehensive psychiatric assessment and sat down and thought about
him and thought about the report and dictated this report.

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Q. Were you able to form an opinion in this matter?

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A. Yes, I was.

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Q. And what was your opinion?

427/486 Complete Transcript of Trial 06-M-13755

A. well I have that my opinions break down into four areas. The

first one really is titled violations really more just a summary of the

violations. The second, number two, substance abuse is my opinions

about his substance abuse and the foundation for that. The third area

for opinion is his psychiatric disorders which contribute to his

vulnerability to substance abuse one page 3 and 4, and again, my

opinions with the foundation for them. Then finally starting at page 4,

my treatment recommendations, starting with an assessment of what

he has received or is currently receiving and then my recommendations

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for what would be appropriate treatment for him.

Q. If you could turn to the top of page 3, the report states at the

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last sentence of the first paragraph, an additional test for the presence

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of alcoholism, urinary ethyl glucuronide, is pending at the time this

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report. Have you since received the results from that test.

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A. yes, I have.

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Q. And what were the results?

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A. The results were negative meaning that we don't have LAP

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evidence on any of these tests of recent drug or alcohol use.

Q. Does that fact that the test came back negative change any of
the opinions contained in your report?
A. no, it doesn't.
Q. is it true that you also reviewed a draft at the deposition

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transcript of Mr. Coughlin that was taken on April 26 th, 2007 before

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compiling the report.

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A. I would have reviewed the documents that I had listed in my

beginning. Have you sent me- you may be referring to an additional

428/486 Complete Transcript of Trial 06-M-13755

document which you sent me late in the game that I did not list here is

that what you were suggesting?

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K. Yes, was there a deposition transcript that was sent to you the
morning of your evaluation?
A. yes. I believe so. I believe there was.
Q. Do you recall whether that was a deposition transcript of Mr.
Coughlin's testimony from the day before?
A. yes there were, I believe there were two depositions. Let me just

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take a moment. It looks like that there was a deposition part 1 on

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March 2nd which I got, and when there was a deposition part two of Mr.

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Coughlin on April 26 which was the day before my interview which I

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just received that day but I did review that as well.

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Q. Did you review it?

A. I did.

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Q. Did that change the opinion that you came to in your report?

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A. no, it didn't.

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Q. Is their anything that changes your opinion that you reached

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in this case.
A. no, I currently would stand by my opinions as expressed in this
report.

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Judge McElroy: Any objection?

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A: I now request to have Exhibit 71 moved into evidence.

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Judge McElroy: Any objection?

Mr. Coughlin: No, Your Honor.

429/486 Complete Transcript of Trial 06-M-13755

Judge McElroy: Exhibit 71 is moved into evidence.

Q. Dr. Tucker, what is your opinion about whether Mr. Coughlin

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suffers from past or current alcohol or other drug abuse or dependency?

A. On page 2 of my report under substance abuse that he does meet
the diagnostic criteria for alcohol and marijuana abuse. And that
diagnosis is not one that disappears, so it's generally considered a
lifelong diagnosis. You can be in remission meaning that you are not
currently using substances, but once you've met the criteria for that
condition you would be considered vulnerable to abusing those
substances throughout your life.

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Q. What was your opinion that he may be in remission based on?

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A. That is based on what he told me, which was that he's not used

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since returning to Reno in 2003, and also, he doesn't show evidence of

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recent substance use.

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Q. the labs that you performed, approximately what time frame

are we talking about regarding use of alcohol or substances?
Mr. Coughlin: Excuse me, Your Honor, can I make an objection or
maybe just ask for clarification? When Dr. Tucker is referring to
something that I said or that I told him, am I able to raise a hearsay
objection at this point?
Judge McElroy: Not at this point. You can cross-examine him on

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it. This is the basis, he's an expert and experts are allowed to rely on

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hearsay information.

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Mr. Coughlin: Okay, but for instance, a statement Dr. Tucker is

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attributing to me, that isn't necessarily the same as if I had said yes I

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had said yes, I had, in fact, said those exact words.

430/486 Complete Transcript of Trial 06-M-13755

Judge McElroy: Right. You can cross-examine him on that.

Mr. Coughlin: That is not entered into the record as something I

actually said. It's just something that Dr. Tucker is saying I said?

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Judge McElroy: Is basing his opinion on. Dr. Tucker says that you
said.
Q: So, the testing. Is there a way that you can tell how long the
testing would be able to track any alcohol or drug use?
A: yes, the testing, the urine toxicology screens would be giving us

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information just for the previous several days, three days or so, the

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urine ethyl glucuronide maybe out as far as a week would tell us if he

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were consuming alcohol, and the liver function tests which I looked at,

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might give us information of alcohol use within the previous several

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weeks. So, I would say it doesn't go back for more than several weeks.

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Q: So, would it be possible that somebody could be consuming

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alcohol approximately a month before these tests were taken and it

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wouldn't show up on the test?

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A: Yes.
Q: Do you believe that Mr. Coughlin is rehabilitated from his
alcohol issues-

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A: If I could just amplify my answer, yes and he could have been

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drinking and using drugs as recently as a week prior to the interview

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with these results on the test.

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Q: Would you say that Mr. Coughlin is rehabilitated from the

problems that you have diagnosed him with.

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431/486 Complete Transcript of Trial 06-M-13755

A: If by rehabilitated you mean cured, I would say no. He's not

cured. I would say he is a reasonable candidate for treatment if he were

motivated to do that.

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Q: Do you know whether or not he is currently seeking treatment?

A: Well, he's currently, he says, attending AA meetings,
Alcoholics Anonymous meetings an average in three or four times a
week, still experiencing rare cravings for alcohol, he says, when his
pain worsens, but also still not sure if he has any problems with
substance abuse, or if this is going to be a lifelong problem for him. He's
also currently taking Wellbuttrin, which is an antidepressant, he does
have chronic depression, which is also moderately effective for
attention deficit disorder, which he suffers from as well. And, he takes
as needed, ibuprofen for pain so that's the treatment that is currently
receiving. I don't believe that he is seeking additional treatment
beyond that at this time.
Q: Do you believe that Mr. Coughlin does need treatment with
respect to the alcohol and substance abuse.
A: I believe Mr. Coughlin would benefit from treatment from

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sophisticated professional treatment for all the conditions that I

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describe here. When you say need treatment, I don't believe that he

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would be in any way considered, aside from some legal proceeding like

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this, he would never be considered for involuntary treatment. He is not

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a danger to himself or others on the street. I would recommend

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treatment to him as a clinician and I think he would benefit from that.

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I think the court or professional bodies might have some opinion about

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his fitness to practice law which might lean toward a suggestion or

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need for treatment but just as a clinician, I think these disorders

432/486 Complete Transcript of Trial 06-M-13755

interfere with his life and the fact that the quality of his life and the

level of his functioning in a way that he would benefit, but ultimately

it's up to him.

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By Mr. Coughlin:
Q: Yes, thank you, Your Honor, I apologize for being late to Your
Honor, Dr. Tucker, and Ms. Kagan. Dr. Tucker if someone an alcoholic
and they drank for a week up to a test, wouldn't the tests show that
someone as an alcoholic would have a different physiology, perhaps in
terms of maybe the functioning of their pancreas or liver or something
in that area than someone who is not an alcoholic? Therefore stopping
drinking a week before a test would still show something that a nonalcoholic wouldn't show on such a test?
A: Well, as I was saying to me, it is possible, depending on the

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level of drinking and the particular genetic vulnerability of the liver

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involved, because I only did liver function test, that somebody could

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continue drinking at a moderate level up to a week before this test and

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that would not be reflected in the liver function tests. They could

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appear normal. But even if someone's drinking quite heavily, even if

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they stopped a month, you know, a few weeks, a month before hand, that

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is usually enough time for a liver to return to normal.

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Q: I notice you went into in your report, not just alcohol abuse or

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recovery therefrom but also into mental health issues, things of that

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sort, and you also went into the use of marijuana. In fact, I believe in

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here you also said I meet the diagnostic criteria for alcohol and

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marijuana abuse. Why did marijuana become part of your findings in

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addition to being, it appears, part of your research into this?

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433/486 Complete Transcript of Trial 06-M-13755

A: well a couple reasons, in particular, one is that I was asked in

the order granting the motion to perform the medical examination in

the bar court, I was asked to I'm do a forensic clinical assessment which

focused in particular on whether to you suffered from alcohol abuse or

other drug abuse or dependency and marijuana will be another drug of

abuse. Also, you had a DUI related to marijuana. So those would be the

primary reasons.

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Q: Okay, so when you say I had a DUI, can you tell me what that
means?
A: Yes, on January 23rd 2003 you were arrested for a DUI
marijuana. Pled guilty to a dry reckless driving charge and you were
court ordered to attend twelve step meetings.
Q: So, when you say had a DUI, would you distinguish between

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someone who is ultimately guilty of a DUI from someone who was

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arrested for a DUI but did not receive a DUI?

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Ms. Kagan: Objection, relevance.

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Judge McElroy: Overruled.

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A: I would say just that you were arrested for a DUI is what I'm
referring to.
Q: Okay, so based on being arrested for DUI and what else led you

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to say that I meet the diagnostic criteria, or I don't know if you're

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making a diagnosis here, but led you to say that I appear to meet the

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diagnostic criteria for marijuana abuse?

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A: well, in my report, I talk about your history on page three of

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marijuana use. You told me that you first smoked marijuana during

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college in your early twenties, smoking approximately once a month

434/486 Complete Transcript of Trial 06-M-13755

and that this escalated after you moved to Sacramento. Got to once or

twice weekly, and that was related to your chronic pain, and this

apparently led to the arrest for DUI.

Q: So all told though, just from what you're basing that on, that

could add up to less than, smoking marijuana less than 20 or 30 times,

right?

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A: I actually haven't done the math.

Q: I didn't do the math, either, but I'm guessing from those brief

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descriptions that conceivably could be, if your keeping a running total,

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of say the number of times someone drank or something, you know.

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That would be less than 30 times or something?

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A: potentially, but the issue really is less the number of times

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than whether it's maladaptive use. Whether they're it leads to negative

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consequences, that kind of thing.

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Q: okay, so someone could be, could fit within, I don't know if I

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should call it a diagnosis? Perhaps, if you have a term that you think is

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fitting for what you are saying here, then, by all means, please suggest

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it. But from what you are saying for this, someone could meet that

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criteria if they had had say drank alcohol, say, three times in their life?

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A: That would be extremely unusual, but if someone continued to

drink, and only drank three times but each time they had an escalating
problems and they continued to drink despite that, I'd frankly, that's a
bizarre hypothetical, so I don't know what to do with it. I can say I have
never seen many my career but I suppose that might be theoretically
possible.

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Q: okay, so from three being bizarre to thirty being something you

based a report on, there's some sort of change there?
A: Well, but, again I don't, I don't know that, that I would accept

the number thirty. I haven't done the calculations, I'm not sure that

that's what I am referring to there.

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Q: Well, you had to base it on something, right? When you were

just listing to me what you based it on, it sounds like it was a, you
know, a once a month sometimes in college something? And then
during the time I was living in Sacramento, which the record shows I
only lived in Sacramento a couple months, maybe a little more, you
know, once or twice a week? So, that could not add up to more than say,
thirty, really. So, you are basing a finding in your report that supports
marijuana abuse on information in your report that could not support a
finding that one had smoked marijuana, say, more than 30 times? So
from there, you are saying a hypothetical of having only drank three
times would be bizarre, but it's not that far from thirty, is it?

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Ms. Kagan: objection, vague and ambiguous?

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Judge McElroy: Sustained, because I think what you're confusing

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is the marijuana with the alcohol. He didn't say alcohol three times. It

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was marijuana. You were talking about marijuana and then all the

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sudden you switched to alcohol, so why don't you focusing on what

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behaviors your talking about.

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Mr. Coughlin: I'm not sure I understand, Your Honor, why would
it matter if I was switching?
Judge McElroy: because I would assume that there's a difference
between drinking 30 times and being termed an alcoholic versus

436/486 Complete Transcript of Trial 06-M-13755

drinking marijuana 30 times. I'm just confused as to where you're going

with this.

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Mr. Coughlin: Because there is not a one for one ratioJudge McElroy: I'm gonna sustain the objection. Ask the question
again, and don't confuse the two in terms of marijuana and alcohol.
Mr. Coughlin: I'm not confusing, I'm purposefully interchanging
them like that to highlight some of theJudge McElroy: Well, I am saying it is confusing, so let's ask.
Mr. Coughlin: I am purposefully doing that to highlight some of
the, what occurs in our societyJudge McElroy: Well, I understand, but it is confusing and vague.
Q: Okay. Then, let's just stick with drinking. Someone could drink

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30 times, say instead of talking about marijuana here we're talking

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about drinking and you had only the information you based your

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marijuana abuse assessment upon and that would be say drinking

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roughly thirty times in one's life. Could you do such a thing when

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talking about drinking or does that only really apply when it is

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marijuana?

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A: Well, I don't know that I am accepting the premise of 30, now

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that it's about mathematics. I'm actually looking at what the numbers

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are. Your early twenties, you're born in 76, so early twenties might be

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starting in 97 or so between 97 and 2003, I would say that's about five or

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six years and at 12 times a year that is 60 or 70 plus the amount of times

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you would have smoked in Sacramento. So we're up a little more than

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that. If it was only once a month and as you said it was approximately

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once a month, and in my experience people who abuse substances often

437/486 Complete Transcript of Trial 06-M-13755

tend to underestimate the amount that they use. So when someone says

they smoke marijuana approximately once a month and ultimately get

arrested for a DUI with that, clinically I will often that may be

accurate, but it may also be an under estimate.

Q: Now, you know in a court of law there is something called an

admission against interest, such as when someone says something that

may hurt their position legally? Now, would it be fair for a judge to say,

well, that person admitted that one thing, I am going to go ahead and

multiply that by three or four because that's what I think they

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probably really did? Would that be fair for a judge to do that?

Ms. Kagan: Objection, speculation, beyond this witness's personal
knowledge.

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Judge McElroy: Well, it is also irrelevant, so its sustained.

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Q: do you think is appropriate for you as a physician to be

16

multiplying what someone is self reporting to you, multiplying that

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by some sort of quotient and coming up with what you believe is

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accurate?

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A: Well, I think the whole idea of mathematics is distracting

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from the central point. So, I would not have gotten into a

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quantification in the way that you asked me to do here.

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Q: Okay, Dr., thanks, I am getting into that because it seemed like

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all of the sudden we had this marijuana issue popping up. And none of

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the exhibits or literature we have looked at before had brought that up,

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so, at this late stage of the the game, we're coming up with a marijuana

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diagnostic criteria for-

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Ms. Kagan: Objection, is there a question here, Your Honor? That

also misstates the evidence.

438/486 Complete Transcript of Trial 06-M-13755

Judge McElroy: Sustained. Why don't you ask a question?

Q: Dr. Tucker you mentioned that I'm not currently taking any

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medications other than Wellbuttrin, I believe?

A: What I believe you told me was that your only current
medications are Wellbutrin XL and as needed ibuprofen.
Q: And we discussed the medications that I had previously been
taking say with than the last five years?
A: Correct.
Q: And so at some point you say I started taking the other
medications?
A: the other pain medications.
Q: when you say the other you're implying something apart from
ibuprofen?

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A: Correct.

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Q: And do you remember when I stopped taking those pain

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medications?
A: yes, it looks like the Adderall was discontinued in September
2006 and that you also took Clonidine for two years. I am not sure you
told me the exact date that that was discontinued. You also mentioned
that you were treated with for narcotics for your pain including Lortab
and Oxycontin-

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Q: That is not at the same time, correct?

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A: Right, I think you told me you switched from Lortab to

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Oxycontin because of the acetaminophen issue there.

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Q: I didn't mean to interrupt you. You were going into my

cessation of taking prescription narcotics. Do you recall a day for that

around the same time that Adderall was discontinued in or around

October or September of 2006?

A: I believe so. I don't see that right here in my report, but you

told me about issues with your father and the California LAP. You

decided the risks and problems associated with narcotic treatment were

that you would just continue with ibuprofen.

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Q: When I cited the problems, do you recall having a discussion

about some of the bias and prejudice I felt I faced from various
individuals for taking these medications?

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Ms. Kagan: Objection, relevance.

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Judge McElroy: I am going to overrule the objection.

15

A: Yes.

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Q: and, where some of those individuals with the LAP program?

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A: Yes.

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Q: Do you recall discussions concerning the LAP program that

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spoke to my dissatisfaction with having a radiologist MD within the

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LAP program giving his very strong opinion on my psychiatric

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treatment as well as my pain management routine?

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Ms. Kagan: Objection, relevance.

Judge McElroy: Overruled.
A: Yes.

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Q: Do you believe a radiologist has the appropriate background

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and training to function as both a psychiatrist and pain management

specialist?

Ms. Kagan: Objection, relevance.

Judge McElroy: Overruled.

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A: No.

Q: What does a radiologist do?

A: The generally interpret imaging studies. Most commonly x-

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rays.

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Q: Is there an x-ray that can tell you whether or not you have
chronic pain, or ADD, or alcoholism?
A: No, per se, but they can be important supporting information

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for a diagnosis.
Q: Do you recall a discussion about the radiologist's statements to

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me during my meeting with LAP, wherein the radiologist, in concert

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with Dr. Otterness, the psychologist who was there that day and others

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attending that, that they told me verbatim that we don't feel you are

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sober because of these medications you are taking?

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Ms. Kagan: Objection, relevance and hearsay.

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Mr. Coughlin: It is not for the truth of the matter asserted, its just
toJudge McElroy: For his opinion, in terms of an overall diagnosis
of what your issues are. I am going to overrule it.

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A: You are asking me if I remember you telling me about that?

Q: Telling me that you are not sober because you are taking these

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medications, which are being prescribed to you?

A: I remember you telling me that.
Q: Do you have any concern with the fact that the LAP program is
making such bright line statements related to one's medical care and
prescription medications?
Ms. Kagan: Objection, relevance.
Judge McElroy: Okay, I guess the first question is, does he know

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anything about the LAP program. So, I am going to sustain the

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objection in terms of no foundation. You need to establish a foundation

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as to what he knows about the LAP program?

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Q: Dr. Tucker, are you familiar with the Bar's LAP program?
A: I would say I have some relatively superficial familiarity with
the program.

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Q: Do you have any involvement with the program?

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A: Not directly.

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Q: Indirectly?

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A: In the past, I have evaluated people who were in the LAP

program, or were being considered for the program, or who had been in
the LAP program. I evaluated them for legal proceedings, often
initiated by the Bar. And I want to say it was the Character and
Fitness program, but it could have been other departments within the
California Bar.
Q: Would those proceedings include trials such as this one?

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A: I don't believe I have been in trials such as this one with the

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Bar.
Mr. Coughlin: And, so, Your Honor, would you say that is
sufficient toJudge McElroy: What is your next question?

Mr. Coughlin: Well, to go back to the question that precipitated-

Judge McElroy: I don't even know what question you are referring

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to. Just ask a Question.

Mr. Coughlin: OkayJudge McElroy: Without.
Mr. Coughlin: Assuming there is now enough foundation as to

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your knowledge of the LAP program, would you say it is problematic

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for, say, the radiologist to be telling someone that they are not sober

16

because of their use of medications that are being prescribed by a pain

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management professional or specialist. Do you see that as problematic?

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Ms. Kagan: Objection, relevance.

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Judge McElroy: Overruled.

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A: I think that is potentially problematic.

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Q: Why?

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A: It may not be within the expertise of the radiologist as you are

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suggesting.
Q: Also, management of complicated multiple diagnosis patients
who have both pain, or who have pain, mood disturbance such as
depression, ADD, character issues, substance abuse, that is quite
complex and, as you are suggesting, if it was a blanket rule or blanket

443/486 Complete Transcript of Trial 06-M-13755

opinion that narcotics should never be used with chronic pain patients

if they have a history of addictions, or that stimulants should not be

used to treat Attention Deficit Disorder if someone has a history of

addiction, I think that would be an unsophisticated and clinically

inappropriate approach.

Q: Thank you, Dr. Tucker. Is some of the fallout of someone going

with this approach include jeopardizing one's medical care and health?

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Ms. Kagan: Objection, relevance and speculation.

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Judge McElroy: I am going to sustain the objection at this point.

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Q: Could some of the fallout of this type of approach include one

12

not being one not having a great relationship with the LAP program.

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Ms. Kagan: Same objection, Your Honor.

Judge McElroy: I am going to sustain the objection.
Q: So you are familiar that I have had some problem with the
LAP program?

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A: You mentioned that you were terminated for non-compliance.

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Q: Can you see where the approach characterized by our discussion

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about the radiologist, can you see where that would affect one's

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participation in the LAP program?

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Ms. Kagan: Objection, relevance.

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Judge McElroy: Overruled.

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A: Yes, I can see how that would affect your feelings towards the

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LAP program.
Q: Would this be especially true if one's health care and health
had been jeopardized by the LAP program's approach.

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Ms. Kagan: Objection, lacks foundation, speculation.

Judge McElroy: Sustained.

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Q: Can you see that it is very possible that this type of situation
that is described, an applicant to the Bar being monitored for alcohol
abuse, who has later had a radiologist make disparaging statements
concerning the treatment being provided by another health care
provider, one who happens to be a specialist in the area for which the
treatment is sought, could you see where that could lead to the
applicant's health being compromised?

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Ms. Kagan: Objection, relevance.

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Judge McElroy: Sustained.

13

Mr. Coughlin: I wish to show the relevance for this-

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Judge McElroy: You need to call the LAP people as your witnesses
and cross-examine them or put them on direct.
Mr. Coughlin: But they are not experts in the way that Dr. Tucker

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is.
Judge McElroy: They are experts in the issue of whether you have

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been terminated from LAP and that is an issue here, but Dr. Tucker

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doesn't know, other than the fact that you have been terminated.

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Mr. Coughlin: So it is whether or not, or is it why I was

terminated?
Judge McElroy: Why? Whether?

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Mr. Coughlin: Okay, so is this going to why?

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Judge McElroy: Don't argue with me. Ask the next question.

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Q: So, your opinion, Dr. Tucker seems to be that I would benefit

from resuming my previous pain management and ADD treatments?
A: I think that there is a good possibility that you would benefit

from that, but you would really need to be evaluated by a pain

specialist for the necessity and appropriateness of narcotic treatment,

which you told me had been more effective in the past than ibuprofen,

and more detailed would be elicited and a treatment plan would be

developed for you regarding the attention deficit disorder, character

character issues, mood disturbance, which included consideration of

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stimulants, such as Adderall, which you told me had benefited you in

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the past.

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Q: Your Honor, I am just having a little bit of a problem

understanding why Dr. Tucker is here today. Perhaps, if I knew why
he was here I could direct my questions better to what they are
supposed to be directed to.
Judge McElroy: Okay. He conducted an examination of you to

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determine whether you currently suffer from alcohol abuse and or

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other drug abuse dependencies and your treatment and also he is here

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to make, to address the issue of whether you have been rehabilitated

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such that you can become a member of the State Bar of California.

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Q: Thank you Your Honor. What is your opinion on that Dr.

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Tucker with respect to whether I had been rehabilitated such that I

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could become a member of the State Bar of California.

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Ms. Kagan: Objection, asked and answered.

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Judge McElroy: Overruled.

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Mr. Coughlin: Because I recall you speaking to that somewhat

earlier but it would be helpful if I could get a clearer-

A: Well, it is interesting because I didn't understand that one of

my purposes was to make an actual determination about whether you

were fit to practice law in California-

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Judge McElroy: And that is true, that wasn't your reason you
were hired, uh, employed by the State Bar. Its really to address the
issues of abuse and alcohol, but he has, in fact, opened it up, and what
this court has to consider is whether he has rebutted the State Bar's, uh,
whether the State Bar has rebutted his case that he is rehabilitated and
presently fit to practice law.

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A: Okay, if you could restate your question then.

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Q: Judge McElroy was just highlighting to me the reasons for you

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being here today, and chief among them was, as I understood it, was to

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assess whether I have been or can be rehabilitated such that I could or

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should be admitted to the State Bar of California. So, if that is one of

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the big reasons for you being here today, then I would be interested in

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getting an answer from you to that question.

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A: Well. My opinion in that regard would be that if you were felt

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by the court to be appropriate for admission to the state to practice law,

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I would feel that it is very important, I would not say that you are

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fully rehabilitated at this point, and I would feel that it is very

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important for you to have the kind of treatment that I described, and

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the kind of monitoring that I described. I feel that all of these

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problems, and I have listed five domains, it is the mood or depression,

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the attention deficit disorder, the chronic pain, the character issues,

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passive aggressive and oppositional defiant traits, as well as the

447/486 Complete Transcript of Trial 06-M-13755

substance abuse. I think that all of these are still clinically significant

to an extent that they would impair your ability to practice law.

Whether they are so severe that you should be prohibited from

practicing law? I have to admit that I have not sat down and addressed

that, that would be something I would want to spend a little more time

on and confer with one of the attorneys here as to what are the actual

criteria for fitness so I could have some standards to measure this

against. But, just clinically speaking, I would say that you are not

fully rehabilitated. I think that you have a number of symptoms and

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issues outstanding which are leading to substantial impairment in

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your functioning and that you would benefit from that treatment and I

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also think that those would interfere with your ability to practice law.

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Q: Okay, now, you are compensated by the State Bar for your

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report and testimony?

A: Yes.

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Q: Could you tell me how much you are?

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A: Its, uh, hhhhhhhhm.

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Ms. Kagan: Objection, relevance.

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Judge McElroy: Sustained.

Q: Dr. Tucker, in your review for this, for your testimony and for

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your report, did you see the packet of AA signature sheets I had

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submitted that is included in, I believe, Exhibit 3, pages 8 and on, no 12

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and on?

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A: As you described it. All that I reviewed for this report would
be the documents listed here. With the addition of, I think, the

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448/486 Complete Transcript of Trial 06-M-13755

transcript I was given the day we met, which was your second, part two

of your deposition her in California.

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Q: And, Dr., were you familiar with the judge's order directed to
what you were to review in preparation for your work on this matter?
A: That Order is item number 7 on the top of page 2.

Q: Did we discuss that Order when we met?

A: Yes.

Q: And, had you read it before then?

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A: Yes.
Q: And you had a good idea of the acceptable subject matter the
court had spelled out?
A: I think that when we met you were very concerned about the

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actual specific language in the court order such that we needed to

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actually get a copy of it and look at what was authorized. So, in terms of

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the specific verbiage, we did need to get a copy of the report, but

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generally speaking I had seen it and I understood what I was being

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asked to do.

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Q: But, in fact, when we did review it, there was some things in it
that surprised you?
A: Is that a question?

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Q: Yeah. I am asking you to confirm if that is true.

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A: I don't recall that.

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Q: Do you recall being surprised that the court's order call for you
to submit a copy of your report to the applicant?

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A: We might have discussed that. I actually don't have a specific

recollection of that, but I know that as part of my consent form I

indicate that I will not give a copy of the report to the applicant or

evaluee, and that the court order said, may have, may have contradicted

that, in which case I would have said, we will do whatever the court

order said. But, I don't remember the specific discussion about that.

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Q: Can you turn to page 11 of Exhibit 3?

Ms. Kagan: There is no witness binder.

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Judge McElroy: We need to get a witness binder.

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Ms. Kagan: I have Exhibit 3 though. Let the record reflect I am

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handing Dr. Tucker Exhibit 3.

Q: If you can just look at page 11 and on, glancing over themJudge McElroy: And what the record should reflect is that these
are your attendance at AA meetings?

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Mr. Coughlin: Yes. These are part of the materials.

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Judge McElroy: Okay, so we have that, page 11 through 33 would

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be your attendance at AA meetings. The question is, would that change

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his opinion?

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Q: Well, was this factored into your opinion on the state of my

recovery?
A: Yes, you had told me you were regularly attending AA
meetings, and I think you told me you had done 180 AA meetings in 180
days, if I am not mistaken, but that was my recollection. I didn't put
that in the report. But, at least that was a requirement. But, I

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understood from you that you had been to many AA meetings and had

regularly attended and continued to attend regularly. Or irregularly.

Q: Okay, now does someone who has gone to the trouble to gather

these lists, is that different from someone who has done these things or

just said they had done these things?

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A: Well, then there is some documentation to support it.

Q: Okay, so would that affect your opinion? Would your opinion
be different if we had all the same other facts, but for the fact that one

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guy got some 30 signatures pages dating back to 2003, and the other guy

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just said yeah I went to a bunch of meetings? Does that enter into the

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calculus that your report covers?

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A: I think it is important and it does support your statement, but,

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actually, I was not doubting you about that. I think I was giving you

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the benefit of the doubt.

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Q: You mentioned. From what I gathered from your answer to my

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earlier question, it seemed as though you said you don't feel that I am

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recovered yet, or fully recovered?

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A: Correct.
Q: Do you feel that one needs to be fully recovered to be an
appropriate person to be admitted to the Bar.

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Ms. Kagan: Objection, relevance.

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Judge McElroy: Sustained.

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Mr. Coughlin: So, its that Dr. Tucker's opinion is not relevant?
Judge McElroy: No, I don't.

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Mr. Coughlin: On that matter? I am just trying to understand

because we have him here?
Judge McElroy: I don't think that Dr. Tucker knows what it takes
to be a member of the bar.
Mr. Coughlin: Well, I wouldn't expect him too, either, but it seems
like that is kind of what he is here for todayJudge McElroy: No, he is here to give the court some indication of
whether you currently suffer from alcohol abuse issues.

10

Q: Okay, Dr. Tucker, do you feel that I currently suffer from

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alcohol abuse issues such that- I don't know how I can phrase this

12

question? Such that I can be admitted to the Bar? Such that you would

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have reservations giving whatever sort of input to the Bar that you are

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able to, or that would be appropriate, such that would feel comfortable

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in giving that input?

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Ms. Kagan: Objection, ambiguous and relevance.

Judge McElroy: I am overruling it. If you can understand what
he is asking.
A: I did, and then I got distracted, but I think that I can respond.

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I think that your diagnosis of alcohol and marijuana abuse, whether or

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not you are currently or recently using, renders you vulnerable to the

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use of those substances-

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Mr. Coughlin: Sorry to interrupt you there, Dr. Tucker, but the

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judge had said alcohol abuse, and now you are saying alcohol and

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marijuana abuse-

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Judge McElroy: Marijuana is also included, you were arrested for

a DUI and you pled to a dry reckless, so that is an issue here.

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Mr. Coughlin: I just get confused, Your Honor, because I have

pieces of paper from this Court, or the Bar, or the LAP program saying

the issue is alcohol abuse and then at other times the issue becomes

alcohol abuse and pain meds-

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Judge McElroy: Its substance abuse.

Mr. Coughlin: Okay, but at first it said alcohol abuse-

Judge McElroy: Its substance abuse. Proceed.

A: I think that diagnosis renders you vulnerable to use of those

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substances. And then, also, on page 3, I list the other psychiatric

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disorders that contribute to your vulnerability to abuse of those

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substances.

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Mr. Coughlin: Is that included Your Honor with alcohol abuse?

Judge McElroy: At this point it is, its an issue.
Mr. Coughlin: Is there anything that is not included with alcohol
abuse?
Judge McElroy: Mr. Coughlin, this is a moral character case. And

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you have indicated that you have good moral character. The State Bar

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has a right to introduce evidence that you do not have good moral

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character. And, part of your moral character in terms of practicing is

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an issue of substance abuse, psychiatric disorders, anything that would

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prevent you in terms of practicing law. We have to look at the whole

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picture here.

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Mr. Coughlin: Your Honor, can you see where it is problematic to

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me that under the auspices of looking at recovery from alcohol abuse,

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we have made the issue anything? Because, I agreed to certain things

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with the LAP program or with this Bar that were related to monitoring

recovery from alcohol abuse-

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Judge McElroy: Well, if you had complied with the program, we

wouldn't even be here, okay?

Mr. Coughlin: I can not say that I agree with that.

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Judge McElroy: So, and you have already opened up the issue.

Mr. Coughlin: If you are asking me if I agree with that, the

answer is emphatically no, I don't agree with your assessment of that.

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Judge McElroy: Obviously, you don't.

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Mr. Coughlin: No, I don't. But, one of the two of us has actually
gone through it.
Judge McElroy: Okay, but that is why you are here. And you

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could have presented evidence in regard to that, and you haven't.

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Mr. Coughlin: In regard to what?

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Judge McElroy: To LAP. To why you didn't complete LAP. You

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could have put that on as your case.

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Mr. Coughlin: I don't even know what- Have we even discussed

what I supposedly didn't complete in LAP? Have we ever enunciated
that?
Judge McElroy: At this point the court can not advise you. What

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you needed to do in this case was get an attorney to present your case.

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You didn't do that, you are representing yourself. And, I am supposed

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to be a neutral judge in terms of what is going on and you are not

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allowing me to do that because you don't have an attorney and you don't

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know how to put on a case.

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Mr. Coughlin: So, I am able to allow you to do things and allow

you not to do things?
Judge McElroy: Mr. Coughlin, ask the next question, okay?
Q: Dr. Tucker, from what you know about this case, do you see
anywhere where you feel that the LAP's approach was problematic?

Ms. Kagan: Objection, relevance.

Judge McElroy: Sustained.

Mr. Coughlin: I don't understand what I can ask Dr. Tucker that

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is relevant?
Judge McElroy: Well, first of all, it has been asked and answered
and I have a sense of what Dr. Tucker knows about the LAP program. I
don't think we are going to get anywhere here because he doesn't know
exactly what went on between you and LAP other than your selfreported.
Mr. Coughlin: So, no more LAP? We are not going to talk about
LAP with Dr. Tucker?

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Judge McElroy: Right, you need to get the LAP people in here.

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Mr. Coughlin: So what can we talk about with Dr. Tucker then?

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Judge McElroy: His report.

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Mr. Coughlin: For the purpose of?

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Judge McElroy: For the purpose of establishing his report is

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something that you don't accept.

Mr. Coughlin: But what is his report establishing? I know what it
is saying, but what is it good for?

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Judge McElroy: Treatment recommendations.

Mr. Coughlin: But how does that affect what we are looking at

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here today? We are looking atJudge McElroy: Well, maybe you don't need to cross-examine him
anymore, maybe enough has been accomplished that you are not going
to accomplish much more through cross-examination.
Mr. Coughlin: All right, then no more questions, Your Honor.
Thank you, Dr. Tucker.

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Judge McElroy: Thank you. You may step down.

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Ms. Kagan: Your Honor, can we take a two minute recess?

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Judge McElroy: Sure.

Judge McElroy: Okay, we are back on the record, and does this
State Bar have any more evidence to present?
Ms. Kagan: No, before the State Bar rests though it would like to

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withdraw the following exhibit. All of Exhibit 73 which includes

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exhibit 73A through N.

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Judge McElroy: Okay, all of Exhibit 73 is withdrawn. So, 73

through 73N are withdrawn. 74 is admitted.
Court Personnel: 74? I don't have that in yet.

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Judge McElroy: okay are you asking about 74 or what?

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Ms. Kagan: actually I thought I had that admitted, 74.

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Judge McElroy: I thought it was admitted but I could be wrong it

will be admitted now. 71 was admitted today and 71A.

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Mr. Coughlin: Your Honor, when we admit 74 that means we're

admitting all this LAP stuff?
Judge McElroy: no.74 is just the your status as a patent agent.
Mr. Coughlin: ok I'm sorry.
Judge McElroy: so why don't we go over all the exhibits. They're a
bunch of exhibits.

Court Personnel: I have other exhibits that are not admitted.

Judge McElroy: exactly. Why don't, let me, I have 13 was that

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withdrawn?
Ms. Kagan: I believe there was a question that I did quote into the
record, but I believe there was an objection.

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Judge McElroy: ok so it's withdrawn?

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Ms. Kagan: yeah just one moment.

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Judge McElroy: sure.

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Ms. Kagan: I would request to have page 37, lines 11 through 21

moved into evidence.
Judge McElroy: Okay page 37 lines 11 to 21 that will be admitted.
What about 14 exhibit 14 that's withdrawn?
Ms. Kagan: Withdrawn.
Judge McElroy: exhibit 16 is that withdrawn?
Ms. Kagan: yes.

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Judge McElroy:Exhibit 18?

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Ms. Kagan: withdrawn.

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Judge McElroy: exhibit 22?

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Ms. Kagan: withdrawn.

Judge McElroy: Exhibit 23?

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Ms. Kagan: Withdrawn.

Judge McElroy: Exhibit 26?

Ms. Kagan: Withdrawn.

Judge McElroy: exhibit 27.

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Ms. Kagan: Withdrawn.

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Judge McElroy: Exhibit 28.

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Ms. Kagan: Withdrawn.

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Judge McElroy: Exhibit 30.

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Ms. Kagan: Withdrawn.

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Judge McElroy: exhibit 33?

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Ms. Kagan: Withdrawn.

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Judge McElroy: exhibit 34.

Ms. Kagan: Withdrawn.

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Judge McElroy: Exhibit 35.

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Ms. Kagan: Withdrawn.

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Judge McElroy: Exhibit 36.

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Ms. Kagan: Withdrawn.

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Judge McElroy: exhibit 42.

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Ms. Kagan: Withdrawn.

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Judge McElroy: Exhibit 43.

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Ms. Kagan: Withdrawn.

Judge McElroy: Exhibit 45.

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Ms. Kagan: Withdrawn.

Judge McElroy: Exhibit 40.

Ms. Kagan: Withdrawn.

Judge McElroy: Exhibit 48.

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Ms. Kagan: Withdrawn.

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Judge McElroy: Exhibit 51.

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Ms. Kagan: withdrawn.

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Judge McElroy: Exhibit 52.

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Ms. Kagan: Withdrawn.

Mr. Coughlin: Your Honor, I would like to keep exhibit 52 in if
possible?

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Judge McElroy: you're going to have to introduce it ok right now

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she's withdrawn it. If you want it in your going to have to introduce it

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yourself through your testimony. Exhibit 56?

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Ms. Kagan: Withdrawn.

Judge McElroy: 64?
Ms. Kagan: I believe that was admitted. That was the testimony

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on last Thursday with Bill Stevens and Lynn Thingvold. I thought I

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moved it into evidence and there is no objection.

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Judge McElroy: Let me just look at it. Exhibit 64 is admitted and

that covers it. So is there any other evidence?
Ms. Kagan: Your Honor the State Bar rests.

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Judge McElroy: ok and Mr. Coughlin do you have any more

evidence?
Mr. Coughlin: well, could I introduce exhibit 52?
Judge McElroy: you can call yourself as a witness to rebut their
case. Ill leave it up to you.
Mr. Coughlin: can I ask, the exhibit with the letters of
recommendation, is that something you can consider or be admitted?
Judge McElroy: Let me know what exhibit it is. And what is the
one that you wanted to admit?
Mr. Coughlin: 52.
Judge McElroy: Let me see 52, maybe there's no objection?
Ms. Kagan: My objection is based on relevance, Your Honor, if he
can lay a foundation for?
Judge McElroy: ok so there is an objection. So you're going to have
to put on testimony if you want it in.
Mr. Coughlin: And are we calling LAP people today?
Judge McElroy: No. you- that's not part of her case.
Mr. Coughlin: ok because you did say you were going to call Ms.
Poley at some point in the first three days of the trial.
Ms. Kagan: I don't know exactly what I said. What I did say was
that Ms. Poley, she may be a witness in this matter if necessary.
Mr. Coughlin: but you're not calling her?
Ms. Kagan: no, I'm not.

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Mr. Coughlin: Your Honor, Exhibits 39 and 40 contain the letters

of recommendation. On 39 it would be page 16.
Judge McElroy: I believe there was a hearsay objection?
Ms. Kagan: Yes.
Judge McElroy: I don't know how you get that in without calling
that person.
Mr. Coughlin: Okay, so Your Honor if they're not being offered to
prove the truth of the matters asserted within the letters?
Judge McElroy: you just need to call them as a witness. It's
hearsay she's entitled to cross-examine them.
Mr. Coughlin: but we introduced those photographs into evidence
and I wasn't-

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Judge McElroy: No, they were-

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Mr. Coughlin: but they were they were paraded before the court

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though right?
Judge McElroy: and I totally ignored them. They are not into
evidence.
Mr. Coughlin: Can you read these and then totally ignore them?

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Judge McElroy: well then what would be the point?

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Mr. Coughlin: I don't know, what was the point of showing the

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photographs to the court? I would at least like whatever chance she had

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by showing those to the court to have you read these and try to ignore

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them as much.

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Judge McElroy: I have ignored them. I mean, I have read them.

I've ignored them.

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Mr. Coughlin: You read these?

Judge McElroy: yes.

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Mr. Coughlin: you read all of these letters of rec? There is like
seven of them.

Judge McElroy: I have read every exhibit that is here.

Mr. Coughlin: For instance, on exhibit 40 page 35 that is a former

state senator in Nevada whose work with the State Bar of Nevada for

20 years he's on their board and he-

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Judge McElroy: That's true but you need to present them.

Mr. Coughlin: but you read them, right?

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Judge McElroy: In order to be introduced as evidence.

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Mr. Coughlin: but you've read these letters?

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Judge McElroy: I've read the letters but I they cannot come into

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my consideration in terms of the decision in this case. Only evidence

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that's been admitted.

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Mr. Coughlin: ok Your Honor can I ask you to what extent is this
suggestion that I somehow didn't do what LAP told me to doJudge McElroy: You need to call them. You may have a reason for

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not doing what LAP wanted you to do but you have to call them in as

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witnesses.

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Mr. Coughlin: okay and I'm not even saying I didn't do what what
they wanted me to do and I have not seenJudge McElroy: You were terminated from LAP, okay. That's the,
that is the only thing the court knows at this point is you were
terminated from LAP. And that's why the Committee could not make a

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recommendation to the Supreme Court of California that you be

admitted to the Supreme Court of California, that you not be admitted

as an attorney in the State of California. That's the only information I

have.

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Mr. Coughlin: it all comes down to what LAP says?

Judge McElroy: no it comes down to what the Committee has said
about your failure to cooperate with LAP. That was a condition of you
being admitted.

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Mr. Coughlin: and all they said so far was that-

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Judge McElroy: you were terminated.

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Mr. Coughlin: I was terminated?

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Judge McElroy: you were terminated.

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Mr. Coughlin: So, we don't know what that could be for?

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Judge McElroy: Only the evidence that was introduced at the

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trial is what I'm takin' into consideration. One, that you were

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terminated. You did not-

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Mr. Coughlin: And that's it? We don't know why we, don't know if

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it's because I looked at them the wrong way or if I failed twenty drug

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tests or what?

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Judge McElroy: That is something you can argue. You can put it,
you can argue.
Mr. Coughlin: but we're not they're not showing anything to

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support that, so at this point what's that worth? To the

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determination?

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Judge McElroy: it's something that goes into consideration.

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Mr. Coughlin: but if we have no idea why I was terminated?

Judge McElroy: you were terminated from LAP, a violation of the

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agreement you had or the stipulation you had with the Committee.
Mr. Coughlin: Shouldn't part of the burden be that they have to
show why I was terminated?

Judge McElroy: No, it's your burden you-

Mr. Coughlin: But at this point they are rebutting my original

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case, so it's their burden isn't it?

Judge McElroy: No. it's a moral character case. You have the

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burden of presenting that you have good moral character. They rebut

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that. They rebutted it, and now you if you have witnesses can rebut

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their rebuttal.

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Mr. Coughlin: is there anything I need to rebut? Because, did they

prove anything about the LAP termination?
Judge McElroy: that is something you as an attorney have to

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decide. As a person representing yourself is have you made your case,

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have they made their case.

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Mr. Coughlin: Well, I guess I am saying, if I have then I don't

want to waste your time by furtherJudge McElroy: but that's something you have to do. Which is one
of the reasons why you should have had an attorney.
Mr. Coughlin: I am an attorney.
Judge McElroy: ok, but you know what they say when you
represent yourself.

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Mr. Coughlin: well I don't know if the person who came up with
that saying ever got to be a part of thisJudge McElroy: Believe me, in my practice I've seen it and I agree,
so you need to determine whether you've completed your case or not.
Mr. Coughlin: and I did have an attorney as a matter of fact, you
know? The State Bar's dragging this procedure out in concert with the
LAP program has made it so that I don't have an attorney anymore, but
I did have an attorney originally.
Judge McElroy: okay well you don't now, so let's make a decision.
What do you want to do.
Mr. Coughlin: I wish to put on testimony related to why I was
terminated from the LAP program.
Judge McElroy: that's fine and you can put yourself on.
Mr. Coughlin: ok and part of that would be exhibit 52. so should I
deal with that now or-

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Judge McElroy: You can deal with it if that's how you want to

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deal with it. But we need to put yourself on as a witness. That's fine.

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You understand that you're still under oath.

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Mr. Coughlin: yes. I would like to testify with regard to a few

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things. First thing I'd like to address is my supposed termination from

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the LAP program. At this point, I don't know why I was terminated

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from the LAP program. I was never given any anything telling me

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why, other than any one sentence that was pretty vague, something

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like you haven't fulfilled the terms of your participation plan. You're

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terminated. Something like that. So I don't really know exactly why I

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was terminated and if that's a big part of the decision you'll make in

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this I would suggest it needs more light to be shed on it. If it doesn't

factor much into your decision at all, then fine, I don't need to spend a

lot of time on it.

I don't know quite why I was terminated by LAP. After such an

expansive and invasive entity has poked around in your life you might

you might wish to get some feedback as to why they chose to terminate

you after looking into every corner of your medical records, psychiatric

profile, asked you questions about your economic life, asked you

questions about your sex life, which I will note, Your Honor, in one of

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our earlier telephone conversations you mentioned that as being

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something that LAP program would not be able to do, whereupon

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informed you that in fact their own questionnaire which is include it as

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an exhibit in here does go into one's sex life.

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But, Id like to introduce exhibit 52 for the purpose of showing

that for whatever reason I was terminated from LAP I'm not sure but if
LAP means to suggest that I didn't fulfill the terms of participation
plan as it relates to getting some sort of test done I would submit
exhibit 52 to say that I made myself available to take any test the LAP
asked me to take and it was a failure on LAP's part to follow up with
regard to whatever part of the participation planned they feel that I
didn't fulfill and give me an opportunity to fulfill it. This exhibit 52 is
not everything related to on the issue of my trying to fulfill the terms
of the participation plan. I have other emails. I have had phone
conversations and letters with Ms. Poley that indicate that if there's a
test I need to take I would appreciate her letting me know when and
whereMs. Kagan: Objection, hearsay.

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Judge McElroy: Sustained.

Mr. Coughlin: No, well okay exhibit 52, at least speaks to that

issue though, Your Honor. I'll note on the second paragraph, its my

attorney at the time Mr. Fishkin is expressing to Ms. Poley that it's his

understanding that she wants me to take some sort of test. It

demonstrates that I don't know what test she's talking about or where

to get such a test done. And Ms. Poley- and I'll note the late date. This is

February 6th, of 2006. This-

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Ms. Kagan: Your Honor, objection. Referring to hearsay evidence

it's not even in evidence.
Judge McElroy: okay in terms of exhibit 52, I will say that it's not

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hearsay, if it's not coming in for the truth of the matter, and it's

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corroborative evidence that you might want to know what a test, what

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test they want you take.

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Mr. Coughlin: so it is in evidence?

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Judge McElroy: I'll let it in not for the truth of the matter but as

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some corroborative evidence that there was a test they wanted to take.

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Mr. Coughlin: And further, in that line, Your Honor, I would

assert that this letter is dated February 6 th, 2006. This abeyance period
ended I believe in February or this abeyance period, I believe started in
August of 06? That was the date of my original meeting with the LAP
program? So, August-September October November December January
February? So if Mr. Fishkin is having correspondences with Ms. Poley
in February of 06 about taking some test, then that would suggest and
and I would corroborate this with my own statements, that Ms. Polly
never even made any effort to get a test taken until nearly the end of
this six month abeyance period.

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Judge McElroy: What I would do is direct your attention to

Exhibit 6, Mr. Coughlin to focus your direct examination.
Mr. Coughlin: that one page in exhibit 6?
Judge McElroy: Yes.

Mr. Coughlin: Okay.

Judge McElroy: as you indicated you were confused as to why you

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were terminated from LAP.

Mr. Coughlin: to read from Exhibit 6: the LAP Evaluation

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Committee has determined that you have not successfully complied

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with their recommendations and appeared not to have gained insight

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regarding your alcohol abuse. In addition, your participation in LAP

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has been terminated. So?

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Judge McElroy: so, what you need to do is address your issue, the
direct issue that you said you were going to be giving direct
examination about, your termination from LAP.
Mr. Coughlin: And that's what Im saying. I don't know why I was

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terminated from LAP. I don't know that you could figure that out just

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from this letter alone. And I believe this letter alone is all I got myself

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after three years of dealing with the LAP program and spending a lot

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of money to jump through different hoops that they required and

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having my medical care criticized severely in the face of me providing

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them with like 30 pages of AA sheets. Having a radiologist and a

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psychologist question the care provided-

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Ms. Kagan: Objection, hearsay.

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Judge McElroy: Okay, that's the basis. Im going to overrule the

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objection. That's the basis for your termination from LAP. That's what

you're saying.

Mr. Coughlin: is what?

Judge McElroy: That you didn't like the report from a radiologist.

Mr. Coughlin: No, what I like and what I don't like I don't think

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decides whether I am terminated.

Judge McElroy: Im just suggesting that you focus in on what you

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said you were putting yourself on the stand for it in terms of direct

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examination, your termination from LAP.

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Mr. Coughlin: right, and Im saying I don't know why I was

terminated from LAP.

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Judge McElroy: Okay, so, what's the next evidence you want to go
on-

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Mr. Coughlin: So, I'm asking you to take a look at exhibit 6 and-

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Judge McElroy: it's in evidence I looked at it.

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Mr. Coughlin: and from exhibit 6, I still don't know why I was

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terminated from LAP.

Judge McElroy: okay.

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Mr. Coughlin: I will say that I don't believe I received anything

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beyond exhibit 6 to tell me why I was terminated from LAP and so

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it's kind of hard to address why I was terminated from LAP, you

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know I mean?

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Judge McElroy: yes.

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Mr. Coughlin: because I haven't been told why. And then I'm

pointing to this exhibit 52 to show that the even if LAP wants to say it

was over some testing that they wanted done, we made efforts to, we

have written evidence here you know showing the we made efforts to

comply with them. I don't see any evidence from them pointing to the

contrary, so.

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Judge McElroy: okay, so let's move on. Exhibit 52 was admitted.

Mr. Coughlin: I will state that at my meeting with LAP in
August they did in fact in concert say to me-

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Ms. Kagan: Objection, hearsay.

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Judge McElroy: Overruled.

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Mr. Coughlin: They did say to me that you're not sober because

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you're taking these medications. I can tell you that can throw, can be

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bad for your health.

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Judge McElroy: Okay, so this is not going in for the truth of the
matter stated. This is going into show your state of mind. That's it.
Mr. Coughlin: okay, well, so it can't be going in to say I heard
them say this?
Judge McElroy: No, it's, I mean at this point it's self-serving,

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number one, which is why it's part of the reason that it's hearsay is it's

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not reliable testimony. But, I'm letting it in to show your state of mind.

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This is what you believe, not for the truth.

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Mr. Coughlin: so, anything that is self serving is unreliable?

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Judge McElroy: No. all I'm saying is that hearsay, it is hearsay,

but it's not hearsay if it's not going in for the truth of the matter and

it's going into just show your state of mind.

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Mr. Coughlin: okay, I would like it in for the truth of the matter.
Judge McElroy: Well its not because its hearsay. If it were going
in for the truth of the matter, it would be hearsay and it's not reliable.
That's why hearsay evidence is not allowed into evidence is because it's
not reliable.
Mr. Coughlin: But if someone is testifying that yeah this guy told
me he killed that person they are able to-

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Judge McElroy: Its not reliable.

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Mr. Coughlin: they wouldn't be able to testify about that?

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Judge McElroy: I can't give you and evidence-

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Mr. Coughlin: Yeah, this killer admitted this killing to me?

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Judge McElroy: I'm am not giving an evidence lecture-

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Mr. Coughlin: but I know that if a guy-

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Judge McElroy: I've made my ruling, okay, I'm letting it in to

show your state of mind.
Mr. Coughlin: and I'm just trying to deduce whether your saying
it is unreliable because of me, something in particular to me?
Judge McElroy: Its totally, its unreliable. Its unreliable.
Mr. Coughlin: because I'm saying it? Or would it be unreliable
because anybody is saying it?

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Judge McElroy: It would be unreliable for anybody to say it who

wasn't the declarant at the time.
Mr. Coughlin: All right. I'm just trying to figure out how you
would ever get a statement against interest into evidence, then.
Judge McElroy: well this isn't a statement against interest, as I
said it's self-serving.
Mr. Coughlin: it's LAP statement against their own interests
because they're practicing medicineJudge McElroy: I am not going to argue Mr. Coughlin. Let's move
on. That's exhibit 52, its in, but not for the truth. Next question.
Mr. Coughlin: Well, I think that the truth should be heard and

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the truth about that is that they're jeopardizing people's health care by

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being so brash and blunt with their approach.

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Judge McElroy: I'm gonna let it in as that's what you thought.

Mr. Coughlin: thank you. And I'll take this opportunity at this

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trial to say that my experiences with the LAP in that regard were very

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bad for my well my physical health and my medical treatment was

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compromised a great deal by LAP's approach. And I believe that

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approach is tantamount to practicing medicine without a license, and

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that as you earlier suggested, if I had just done what they said,

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everything would have been all fine, is something like I cannot agree

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with. Because you've got people who five minutes after meeting you are

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going to practice outside their specialty and outside their profession in

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fact in telling you what is acceptable medical care and what is not and

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the consequences of that are that they're not going to give you a

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favorable recommendation to work in a field that you've gone to school

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for that you've taken out maximums of student loans for, that you

passed the bar exam for, you took the bar exam to why for, you know?

So the the LAP program has a pretty heavy hammer that it wields and

I wish to illustrate that in this setting and hopefully get that into an

opinion because I'd like that to be known. I think that power that is

unchecked leads to bad things. And right now as I see it the LAP has

unchecked power and that's real serious when you're talking about

people's medical care when you're talking about complicated,

complicated situations. As I think Dr. Tucker's report shows fairly well,

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these are complicated interactions between different medical problems.

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If you can divorce it from some of the prejudice and some of the politics

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that go along with things like substance abuse or chronic pain or ADD,

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and look at it like something like a hemophiliac or diabetic or

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something like that and if you had a diabetic or someone like that come

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into the LAP and for them say we don't think you're sober because

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you're taking insulin, so stop taking that insulin the results of that

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could be pretty bad.

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Ms. Kagan: Objection, relevance.

Judge McElroy: Im going to let it in.
Mr. Coughlin: that kind of brings me to another point, which is

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that I can't think of another disease, and the AMA does characterized

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both alcoholism and substance abuse as a disease, I can't think of any

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other disease that receives the treatment that this one receives from

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this bar. There's no other disease where the bar is able to do the things

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it does to you that it does in the case of alcoholism or substance abuse.

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They can't do that to you if your a hemophiliac, if you're a diabetic, if

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you're a narcoleptic, if you're a lot of different things they can't. But

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because there's some stigma to substance abuse or the treatment of

chronic pain, there's politics that surrounds that that enables the State

Bar to basically, and the LAP program acting in concert, to have

unlimited power, really.

Ms. Kagan: Objection, speculation.

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Judge McElroy: I am going to let it in. this is his belief, but let's
move on to beyond your belief.
Mr. Coughlin: I would just say in a lot of these letters that were

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not admitting into evidence these letters aren't really purporting to say

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anything of truth, its just giving these peoples general yeah this guy's

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you know someone who I could hire something like that. It's not saying

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yeah we saw this guy do this at this date. So, I don't know why there's

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this great need to to impeach these letters or to cross examine these

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letters.

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Judge McElroy: they're not going in.

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Mr. Coughlin: Is there anything that you would suggest I speak

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to?
Judge McElroy: I can't be your lawyer.

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Mr. Coughlin: I'm not asking you to.

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Judge McElroy: yes you are.

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Mr. Coughlin: no, I'm just asking you as a judge, is there anything

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that you would prefer I address.

Judge McElroy: I think you need to focus on the purpose of this
hearing which is do you possess good moral character to be admitted as
a member of the bar and address the rebuttal that was given.

474/486 Complete Transcript of Trial 06-M-13755

Judge McElroy: Okay, as I can see it I initially showed I my met

my burden to show I had good moral character which brought on the

State Bar's rebutting of that and the State Bar's rebutting of that

consisted of testimony directed to whether or not I was a patent agent

or attorney-

Judge McElroy: But, I mean let me just put it this way, what

you're doing now is really kind of getting into argument. What we need

is direct examination.

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Mr. Coughlin: ok then I guess I probably don't have much to offer

Your Honor.

12

Judge McElroy: ok so are you resting at this point.

13

Mr. Coughlin: Yes, Your Honor.

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Judge McElroy: Okay, so what we'll do is close at this point and

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Mr. Coughlin you need to go first in terms of your argument.

Mr. Coughlin: I'm just gonna have a real short argument Your
Honor I think you had an opportunity to see everything about this case
and I don't know that there's anything I could I could at this point that
would change what you've heard about this case.
Judge McElroy: well let me just kind of focus your attention. Good

22

moral character encompasses honesty, fairness, candor,

23

trustworthiness, observance of fiduciary responsibility, respect for and

24

obedience to the laws of the state, and respect for the rights of others

25

and for the judicial process, and that's what you need to address. And

26

that means what you would have to do is look at what the State Bar has

27

presented in terms of rebutting those characteristics. And that is this

28

academic dishonesty investigation, your conduct at the University of

475/486 Complete Transcript of Trial 06-M-13755

Nevada Las Vegas law school, your misrepresentations in terms of

employment history. Your termination from the law firm Schuering,

Zimmerman & Scully. Your US patent and trade and trademark office

and your substance abuse. Material omissions in terms of what you

didn't report to the State Bar on page 12. to report all failures to

appear, not reported. Civil judgments and defaults, not reported.

Financial obligations not reported. Address history not reported. That's

their information in terms of your failure to prove rehabilitation, good

moral character. So you need to address those issues in your closing

10

arguments. So if you could proceed with your closing argument. I think

11

Ive given you enough in terms of what you need to focus in on.

12

Mr. Coughlin: Your honor, I want to talk about those things first,

13

things showing that I don't have good character and then we've got the

14

list of things the State Bar presented to show that I don't have good

15

character. I want to talk about those first, the things showing that I

16

don't have good character. Because, really, in reality, we don't even get

17

into this list ever until we get into this list in this process. That is the

18

overwhelming majority of applicants really don't do anything to show

19

they don't have good character besides not have this list. And it's only

20

once you have a list of these things that you have to go above and

21

beyond that as I understand it, beyond just not having such a list. You

22

have to now become a community leader and have community service

23

activities and and be of the highest repute.

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So to start with, this list, as I understand it, includes the issue

about whether I'm a patent attorney or agent. It seemed that you
pretty much through that issue out or said that it's not overwhelmingly
supportive of anything. So Im not really going to speak to that because
I think it's a non-issue at best. Unless you would suggest otherwise.

476/486 Complete Transcript of Trial 06-M-13755

But, I'd rather move onto on my misstatements about my employment

history? Which as I understand it speaks to whether or not I worked at

the law library for six months or less or more and I would say that from

the testimony offered it's still not clear whether I did work there for

more or less than six months. We still haven't established that. And I'd

also say well, let's say I worked there for six months and one day. Is

that really such a strong point in the State Bar's case? It's clearly close

whether or not I worked there for six months. It's not like I worked

there for three years and omitted it. I don't think there's any question

10

that it's not long related employment. It's a job as a clerk at a lobby in a

11

library. It's not law related. Im not researching anything for any

12

partners. I'm not even filing anything for any attorneys or any legal

13

entity. So I can not see denying someone a law license based on that.

14

Next, we have the academic dishonesty issue. Well I think it's pretty

15

clear that I both reported that correctly and was cleared of any

16

academic dishonesty. I think where the murkiness comes into this is

17

that UNLV's investigation seemed to change course midway. At first,

18

it's an academic dishonesty investigation and I don't recall ever being

19

told it was anything other than that. Then, somewhere along the line in

20

Mr. Burns's letter, it becomes, well no academic dishonesty took place,

21

we are clearing you of that but we're going to warn you about

22

something we're not really sure just don't do it again, whatever it is you

23

didn't do. So I think that's where the murkiness comes into this, but it's

24

clear Mr. Burn's letter says no academic dishonesty took place and it's

25

clear from my update to the State Bar that I reported that as such. So,

26

again I don't see what the State Bar is resting its case on with that

27

issue. So they are 0 for 3 as far as I can tell so far. And these first three

28

were the chief transgressions that the State Bar was leading with,

477/486 Complete Transcript of Trial 06-M-13755

highlighting in their case and all three have fallen flat. So, the ones to

come after these three are of even lesser importance. With regard to not

fulfilling- I believe the language about the LAP program that State

Bar gave was that I hadn't gained insight according to the LAP and I

hadn't taken them up on their recommendations. It's always

interesting with the LAP, it's such a strange kind of reality. You get

words like recommendations, but they come with consequences that

make them far from recommendations. So it's kind of like no you can't

be a lawyer because you didn't follow our recommendation. Why not

10

just say it's your requirement? It's like saying it's a confidential

11

program why say it's confidential why do you put that on?

12

Confidential lawyer assistance program? This is out in your hallway

13

out here. This program is confidential. Confidential? It says that

14

again and again and again. I don't see how its confidential. I have had

15

areas of my life trotted out before this court that otherwise I wouldn't

16

have ever imagined would happen. So to say it's confidential would

17

seem to support undermining the public's trust in the LAP program. I

18

think the LAP needs to be straight about what it's doing.

19

It's like I said in my Pre-Trial Statement. It is fostering an

20

atmosphere of secrecy and just a lot of shame. It's a shame based

21

approach I've noticed. I don't think it's conducive to recovery. Granted,

22

it's not easy. It's not an easy problem in our society, dealing with

23

recovery as it relates to professionals, specifically. So, Id have to

24

temper any criticism I have with that by saying, yes it's a hard

25

problem. Far be it for me to act like I know how to deal with it exactly.

26

But I can say that I feel as someone who's gone through this through

27

this process, that I have some ability to describe what my experience

28

was like.

478/486 Complete Transcript of Trial 06-M-13755

Other issues that the State Bar brought up in their rebuttal

included my activities at the law school. I don't believe we've gotten

anything more than hearsay with regard to what other activities we're

talking about. They certainly didn't appear in the pretrial statement

and and I don't know that they formed any foundation in the State

Bar's original denial of the application. So I don't know how I can speak

to any other activities that they are mentioning. If they're referring to

something Christine Smith, a Dean at the law school was talking about

with a paper with a Professor Stemple that was due for a writing

10

requirement that we had, some questions about what its content needed

11

to have, I don't believe that became part of this case at all.

12

I'd note know when we're talking about whether or not I did what

13

the LAP program asked me to do, Your Honor? I'd note that my

14

experiences with the LAP program, to give you some context, is that I

15

provided them with several hundred signature pages showing I had

16

gone to AA, this three-page letter from an attorney AA sponsor I had,

17

this Kelly Testolin letter, included in exhibit 39 page 37 and a number

18

of other materials to demonstrate where my recovery was at. After

19

about a year-and-a-half of back and forth over whether or not the LAP

20

program can get my medical records it was decided that they can get my

21

medical records to monitor my recovery from alcohol abuse. They were

22

able to go and get whatever medical records they want. So, once they

23

got those, at my initial face-to-face meeting with LAP, that's where a

24

radiologist gave me his pain management and psychiatric opinion on

25

ADD and chronic pain treatment. That's also where the LAP program

26

gave me their treatment plan for me for the next six months, during

27

my evaluation.

28

Ms. Kagan: I object to this on the basis that it's not in evidence.

479/486 Complete Transcript of Trial 06-M-13755

Judge McElroy: Im going to sustain the objection.

Mr. Coughlin: Right now I'm arguing with respect to-

3
4
5

Judge McElroy: But you only can argue what's in evidence.

Mr. Coughlin: The LAP program required that I attend a recovery

activity once a day for 180 days straight and gather proof of that. In

commenting on whether or not I took LAP up on their

recommendations or fulfilled the terms of the evaluation plan or

gained insight? Im showing that not only did I go to a recovery activity

10

once a day for a hundred and eighty days straight, that's six months, no

11

Sundays off, they want you to go to an AA meeting seven days a week

12

for six months despite the fact that you've already shown them several

13

hundred slips of AA meetings and activity in recovery-

14

Ms. Kagan: objection, Your Honor. Well, I think the information

15

we- what exhibit are we referring to? I need to see if it's in evidence? I

16

think it did come into evidence.

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18
19

Mr. Coughlin: It is part of the LAP's Evaluation Plan.

Judge McElroy: No, I think it's part of another exhibit.

20

Ms. Kagan: The signatures Your Honor?

21

Judge McElroy: yes.

22

Ms. Kagan: that's part of exhibit 3.

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27
28

Judge McElroy: which was admitted into evidence.

Ms. Kagan: Right, but what I am objecting to specifically, is the
180 meetings in 180 days. There's beenJudge McElroy: Well, there are the signature pages that he went
to the meetings, okay, so.

480/486 Complete Transcript of Trial 06-M-13755

Mr. Coughlin: there's actual pages from LAP saying here's your

evaluation plan for the next six months you have to do all these things

and it's like three pages of stuff and I had to get it notarized and had to

do this several times.

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Judge McElroy: ok.

Mr. Coughlin: and it says you need to get drug tested or be
available to be drug-tested 12 to 36 times a year and it's like this 14point Evaluation Plan, so if Im terminated from the LAP program, I
would imagine it would need to be for violating one of these 14 points?
And I'm addressing these 14 points by showing you not only have I
gathered these signatures, not only has exhibit 52 shown you that we
made ourselves available for whatever test Ms. Polly wanted me to take
in her very late in the day request or correspondence about getting a
test done in February for an Abeyance Agreement the ends in
February? The meeting lists also speak to going to the Lawyer's
Concerned for Lawyers meeting once a week, the Nevada Bar's analog to
the LAP program or The Other Bar, so I don't know at what point in
that Evaluation Plan did I not meet those terms?
Judge McElroy: Okay that's your argument. So, let's go on. Let's
move on.
Mr. Coughlin: I haven't been able to locate the Pre-Trial

23

Statement and I think that would be beneficial for addressing all that

24

issues you highlighted. I don't believe that the pretrial statement for

25

the bar is an exhibit?

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Judge McElroy: it's not.

Mr. Coughlin: it's not. Oh, here it is.

481/486 Complete Transcript of Trial 06-M-13755

1
2

Judge McElroy: I'm gonna give you another 10 minutes. You need
to wrap this up.

Mr. Coughlin: DMV stuff in Nevada? I'm not gonna speak to that.

Its not worth one of my 10 minutes. About speeding tickets? Whatever.

And I don't mean that whatever to say I don't respect the process and

that I didn't ultimately pay those tickets, I just mean I don't think it's

worth five years of interacting with the California Bar and this stage

of a trial in 2007 for failures to appear based on not having proof of

insurance from 2000-2001? I think that's kind of beneath this process.

10

Civil cases judgments and defaults related to the River Arms and Uni-

11

shippers? I don't have anything new I would add on that. I admitted to

12

certain things, I said I could have done some things better and I was

13

uncertain on certain things. I think that that is what it is. I have

14

already covered the law school employment. The fact that the State Bar

15

of California trying to say somehow I didn't report this Hale Lane

16

employment until it doesn't say when? But the State Bar certainly had

17

knowledge of my employment at Hale Lane as did the LAP program as

18

demonstrated by return addresses and letterheads throughout these

19

exhibits. To say it was not until May 14 th, 2004 that applicant told us

20

about his business? Well, I don't think that business got off the ground

21

until sometime in early 04, so I certainly don't feel that that's too late

22

to report or to update this moral character application. Certainly,

23

sitting in this room now looking at it and seeing the court requirements

24

one can look at that and say yeah that's something he should have

25

done, but I would submit that a lot of this involvement with the LAP

26

program and a lot of the recovery based activities that were salient in

27

my life at that point might help mitigate in the transgression that is

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482/486 Complete Transcript of Trial 06-M-13755

not reporting something like having a business until a couple months

after you started a business.

I'm not going to comment on my address history. I don't see where

that deserves as much respect as is being given by the California bar

with regard to what they are resting their case on.

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I am going to reiterate and earlier argument made with respect to

the State Bar's position that I somehow misled them about my
attendance at meetings in 2002 because I didn't tell them until 2004
because in letter I said I had only been a social drinker up to a point?
To me this is so obvious, but I don't know how obvious this is to people
who haven't lived through it. But, you certainly don't become a member
of AA overnight. And you don't become sure you are a member of AA
and that you are going to stop drinking or what have you and then the
the next week report that to the California Bar.
That's not how it works, and the bar's statements in this regard

17

which speak to Mr. Coughlin having misled us by saying he was a

18

social drinker whereas later on he told us he had attended AA meetings

19

in 2002, I think just serves to show that the bar could use some

20

sensitivity training or overall exposure to recovery. Alcoholism and

21

substance abuse is a pretty big problem in our society. Alcoholism

22

alone, it's like the third biggest killer, or death due to alcoholism or

23

recovery from. So the State Bar's shame based approach with regard to

24

well you went to an AA meeting in 2002 and then here you said you

25

thought you were only a social drinker and then later on you're saying

26

no I- To me it's shameful.

27
28

The Patent and Trademark Office issue I've feel has been
addressed. Financial obligations? Yes, I had some things, still owe some

483/486 Complete Transcript of Trial 06-M-13755

things? Those are things that need to be reported? Absolutely would I

like to pay back, yes. I would like to come back and hopefully Ill be

able to do so, but what can I say? The rule says you're supposed to report

those things. I didn't report those things until sometime in 07, so.

Now, with regard to misrepresentations related to my conviction

for a dry reckless I don't know that I misrepresented anything. The

Bar's claim that I made some misrepresentation is apparently based on

the arresting officer's report. Well, I guess that would mean I had

misrepresented something if in fact everything that's included in a

10

police report is taken as gospel and not as some buzz words that an

11

officer who has been celebrated five times by MADD? And given out

12

some 3,000 or 6,000 DUI's in a 11 year period? I don't know if there is

13

hardly that many days in an 11-year period, to give out that made DUI.

14

So to say that everything that's in his buzzword laden report is

15

somehow conclusive that anything I said that contradicts that is a

16

misrepresentation? I don't agree with at all. That's like saying

17

everything a prosecutor says is true and I think anybody who's

18

witnessed some of these trials would know that that's not true.

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26

Employment history. We already talked about that. Scholastic

discipline. We went into to this thing about the computer. I really
don't know what to say about that. I reported it. Its it's in my
application, the language about it. To me, now, it's all coming down to
well how many feet did you move this computer? into the same room
that it was already in.
academic dishonesty investigation? We already talked about

27

that. I reported it as there was a finding that no academic dishonesty

28

took place. And this is where Im confused because early on in this

484/486 Complete Transcript of Trial 06-M-13755

academic dishonesty investigation, from my recollection, they make

you sign this letter saying yes I'm aware I'm being investigated for

academic dishonesty. So from there to getting a letter saying you're

cleared of academic dishonesty, but we also are kind of going to give

you a warning about what? I'm still not sure what they're warning me

about. Something about threatening somebody through an email or

something? Which Mr. Tratos clearly said he wasn't threatened or that

maybe he was threatened but not in that way? I don't know.

Candor? My refusal to answer questions? You might refuse to

10

answer questions to if someone was trying to hijack your medical care

11

five minutes after meeting you and dangling your career as a carrot or

12

wielding the not having a career as a hammer to get across their own

13

political agenda which is frankly laden with religiosity and a real old-

14

school hardline approach to the treatment of substance abuse as it

15

relates to chronic pain or ADD from people who don't even practice in

16

that field. Who want to- Its just shameful. It's like a bankruptcy judge

17

going in and wanting to do death penalty cases or something five

18

minutes after he decided he wanted to do that. So, with that, I would

19

say that I don't have anything further to add other than I appreciate

20

your listening to me Your Honor and the care that you gave to this case

21

because I have felt that my case has been heard and appreciate that.

22
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24

Judge McElroy: Thank you.

Ms. Kagan: I'll make this brief. At the outset of this case the State

25

Bar stated that this the case was all about candor and cooperation and

26

that based on Mr. Coughlin's inability to be candid and failure to

27

cooperate he has demonstrated that he has not met his burden to prove

28

that he has the requisite good moral character for admission to the

485/486 Complete Transcript of Trial 06-M-13755

State Bar. The State Bar has admitted evidence unrebutted evidence of

many admissions from the original application, failures to update the

original application, as well as glaring misrepresentations regarding

the information that Mr. Coughlin did provide. Specifically with

respect to his arrest in 2001 after the movie theater incident, his DUI in

2003, his law school discipline, including the academic dishonesty

investigation, and the movement of the computer, as well as his

substance abuse and his termination from the Schuering law firm.

Based on all of these failures to provide to the State Bar, material

10

omissions or outright misrepresentations, the State Bar has proven that

11

Mr. Coughlin lacks the requisite character for admission to the State

12

Bar of California. Thank you.

13
14

Judge McElroy: Okay, do you have any rebuttal to that?

15

Mr. Coughlin: No, Your Honor.

16

Judge McElroy: Okay, thank you. So, at this point the case is

17
18
19
20

closed and it will be submitted today, okay. Thank you

Mr. Coughlin: Your Honor when you say submitted today?
Judge McElroy: that means I have 90 days to write a decision.

21

Mr. Coughlin: thank you.

22

(End)

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486/486 Complete Transcript of Trial 06-M-13755

for six months despite the fact that you've already shown them several

hundred slips of AA meetings and activity in recovery-

Ms. Kagan: objection, Your Honor. Well, I think the information

we- what exhibit are we referring to? I need to see if it's in evidence? I

think it did come into evidence.

6
7
8
ms.
9
10
11

Mr. Coughlin: It is part of the LAP's Evaluation Plan.

Judge McElroy: No, I think it's part of another exhibit.
Ms. Kagan: The signatures Your Honor?
Judge McElroy: yes.
Ms. Kagan: that's part of exhibit 3.

12

Judge McElroy: which was admitted into evidence.

13

Ms. Kagan: Right, but what I am objecting to specifically, is the

14
15
16
17
18
19
20
21

180 meetings in 180 days. There's beenJudge McElroy: Well, there are the signature pages that he went
to the meetings, okay, so.
Mr. Coughlin: there's actual pages from LAP saying here's your
evaluation plan for the next six months you have to do all these things
and it's like three pages of stuff and I had to get it notarized and had to
do this several times.

22

Judge McElroy: ok.

23

Mr. Coughlin: and it says you need to get drug tested or be

24

available to be drug-tested 12 to 36 times a year and it's like this 14-

25

point Evaluation Plan, so if Im terminated from the LAP program, I

26

would imagine it would need to be for violating one of these 14 points?

27

And I'm addressing these 14 points by showing you not only have I

28

487/493
Complete Transcript of All Four Days of Trial, In Re Coughlin 06-M-13755

gathered these signatures, not only has exhibit 52 shown you that we

made ourselves available for whatever test Ms. Polly wanted me to take

in her very late in the day request or correspondence about getting a

test done in February for an Abeyance Agreement the ends in

February? The meeting lists also speak to going to the Lawyer's

Concerned for Lawyers meeting once a week, the Nevada Bar's analog to

the LAP program or The Other Bar, so I don't know at what point in

that Evaluation Plan did I not meet those terms?

ms.
9
10
11
12
13
14

Judge McElroy: Okay that's your argument. So, let's go on. Let's
move on.
Mr. Coughlin: I haven't been able to locate the Pre-Trial
Statement and I think that would be beneficial for addressing all that
issues you highlighted. I don't believe that the pretrial statement for
the bar is an exhibit?

15

Judge McElroy: it's not.

16

Mr. Coughlin: it's not. Oh, here it is.

17

Judge McElroy: I'm gonna give you another 10 minutes. You need

18
19
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22
23
24
25
26
27

to wrap this up.

Mr. Coughlin: DMV stuff in Nevada? I'm not gonna speak to that.
Its not worth one of my 10 minutes. About speeding tickets? Whatever.
And I don't mean that whatever to say I don't respect the process and
that I didn't ultimately pay those tickets, I just mean I don't think it's
worth five years of interacting with the California Bar and this stage
of a trial in 2007 for failures to appear based on not having proof of
insurance from 2000-2001? I think that's kind of beneath this process.
Civil cases judgments and defaults related to the River Arms and Uni-

28

488/493
Complete Transcript of All Four Days of Trial, In Re Coughlin 06-M-13755

shippers? I don't have anything new I would add on that. I admitted to

certain things, I said I could have done some things better and I was

uncertain on certain things. I think that that is what it is. I have

already covered the law school employment. The fact that the State Bar

of California trying to say somehow I didn't report this Hale Lane

employment until it doesn't say when? But the State Bar certainly had

knowledge of my employment at Hale Lane as did the LAP program as

demonstrated by return addresses and letterheads throughout these

ms.
9

exhibits. To say it was not until May 14th, 2004 that applicant told us
about his business? Well, I don't think that business got off the ground

10

until sometime in early 04, so I certainly don't feel that that's too late

11

to report or to update this moral character application. Certainly,

12

sitting in this room now looking at it and seeing the court requirements

13

one can look at that and say yeah that's something he should have

14

done, but I would submit that a lot of this involvement with the LAP

15

program and a lot of the recovery based activities that were salient in

16

my life at that point might help mitigate in the transgression that is

17

not reporting something like having a business until a couple months

18

after you started a business.

19

I'm not going to comment on my address history. I don't see where

20

that deserves as much respect as is being given by the California bar

21

with regard to what they are resting their case on.

22
23
24
25
26
27

I am going to reiterate and earlier argument made with respect to

the State Bar's position that I somehow misled them about my
attendance at meetings in 2002 because I didn't tell them until 2004
because in letter I said I had only been a social drinker up to a point?
To me this is so obvious, but I don't know how obvious this is to people

28

489/493
Complete Transcript of All Four Days of Trial, In Re Coughlin 06-M-13755

who haven't lived through it. But, you certainly don't become a member

of AA overnight. And you don't become sure you are a member of AA

and that you are going to stop drinking or what have you and then the

the next week report that to the California Bar.

That's not how it works, and the bar's statements in this regard

which speak to Mr. Coughlin having misled us by saying he was a

social drinker whereas later on he told us he had attended AA meetings

in 2002, I think just serves to show that the bar could use some

ms.
9

sensitivity training or overall exposure to recovery. Alcoholism and

substance abuse is a pretty big problem in our society. Alcoholism

10

alone, it's like the third biggest killer, or death due to alcoholism or

11

recovery from. So the State Bar's shame based approach with regard to

12

well you went to an AA meeting in 2002 and then here you said you

13

thought you were only a social drinker and then later on you're saying

14

no I- To me it's shameful.

15
16
17
18
19
20
21
22

The Patent and Trademark Office issue I've feel has been
addressed. Financial obligations? Yes, I had some things, still owe some
things? Those are things that need to be reported? Absolutely would I
like to pay back, yes. I would like to come back and hopefully Ill be
able to do so, but what can I say? The rule says you're supposed to report
those things. I didn't report those things until sometime in 07, so.
Now, with regard to misrepresentations related to my conviction

23

for a dry reckless I don't know that I misrepresented anything. The

24

Bar's claim that I made some misrepresentation is apparently based on

25

the arresting officer's report. Well, I guess that would mean I had

26

misrepresented something if in fact everything that's included in a

27

police report is taken as gospel and not as some buzz words that an

28

490/493
Complete Transcript of All Four Days of Trial, In Re Coughlin 06-M-13755

officer who has been celebrated five times by MADD? And given out

some 3,000 or 6,000 DUI's in a 11 year period? I don't know if there is

hardly that many days in an 11-year period, to give out that made DUI.

So to say that everything that's in his buzzword laden report is

somehow conclusive that anything I said that contradicts that is a

misrepresentation? I don't agree with at all. That's like saying

everything a prosecutor says is true and I think anybody who's

witnessed some of these trials would know that that's not true.

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Employment history. We already talked about that. Scholastic

discipline. We went into to this thing about the computer. I really

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don't know what to say about that. I reported it. Its it's in my

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application, the language about it. To me, now, it's all coming down to

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well how many feet did you move this computer? into the same room

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that it was already in.

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academic dishonesty investigation? We already talked about

that. I reported it as there was a finding that no academic dishonesty
took place. And this is where Im confused because early on in this
academic dishonesty investigation, from my recollection, they make
you sign this letter saying yes I'm aware I'm being investigated for
academic dishonesty. So from there to getting a letter saying you're
cleared of academic dishonesty, but we also are kind of going to give
you a warning about what? I'm still not sure what they're warning me
about. Something about threatening somebody through an email or
something? Which Mr. Tratos clearly said he wasn't threatened or that
maybe he was threatened but not in that way? I don't know.
Candor? My refusal to answer questions? You might refuse to
answer questions to if someone was trying to hijack your medical care

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five minutes after meeting you and dangling your career as a carrot or

wielding the not having a career as a hammer to get across their own

political agenda which is frankly laden with religiosity and a real old-

school hardline approach to the treatment of substance abuse as it

relates to chronic pain or ADD from people who don't even practice in

that field. Who want to- Its just shameful. It's like a bankruptcy judge

going in and wanting to do death penalty cases or something five

minutes after he decided he wanted to do that. So, with that, I would

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say that I don't have anything further to add other than I appreciate
your listening to me Your Honor and the care that you gave to this case
because I have felt that my case has been heard and appreciate that.
Judge McElroy: Thank you.
Ms. Kagan: I'll make this brief. At the outset of this case the State
Bar stated that this the case was all about candor and cooperation and
that based on Mr. Coughlin's inability to be candid and failure to
cooperate he has demonstrated that he has not met his burden to prove
that he has the requisite good moral character for admission to the
State Bar. The State Bar has admitted evidence unrebutted evidence of
many admissions from the original application, failures to update the
original application, as well as glaring misrepresentations regarding
the information that Mr. Coughlin did provide. Specifically with
respect to his arrest in 2001 after the movie theater incident, his DUI in
2003, his law school discipline, including the academic dishonesty
investigation, and the movement of the computer, as well as his
substance abuse and his termination from the Schuering law firm.

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Based on all of these failures to provide to the State Bar, material

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omissions or outright misrepresentations, the State Bar has proven that

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Mr. Coughlin lacks the requisite character for admission to the State

Bar of California. Thank you.

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Judge McElroy: Okay, do you have any rebuttal to that?

Mr. Coughlin: No, Your Honor.
Judge McElroy: Okay, thank you. So, at this point the case is
closed and it will be submitted today, okay. Thank you
Mr. Coughlin: Your Honor when you say submitted today?
Judge McElroy: that means I have 90 days to write a decision.
Mr. Coughlin: thank you.
(End)

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