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VIA EMAIL ONLY
Patrick King, Esq.
Assistant Bar Counsel
State Bar of Nevada
9456 Double R. Blvd.
Reno, Nevada 89521
lIr. King:
'Re: Zachary B. Coughlin, Esq.
Nevada Bar No. 9473
January 14, 2012
(775) 348-0888
FAX (775) 348-0858
wVw.r!churUhlu\.COm
You and I have previously discussed Mr. Coughlin. Mr. Coughlin, due to
his mental instability, lack of integrity, and complete incompetence, constitutes a danger
to the public if he is allowed to continue to practice law. This letter is written to
discharge nly and my associate's reporting obligations under RPC 8.3. Please consider
the following:
1. Rissone v. Gessin, CVIO-01341. Although not among Mr. Coughlin's
Inost signifcant ethical violations, it presents a good microcosm of his derelictions. Mr.
Gessin was a client of our office. He defrauded the plaintif, as is his modus operandi in
dealing with women. ApproxiInately one year afer judgment was entered and the case
concluded, Mr. Coughlin interjected himself in the case on behalf of Gessin, trying to
collect on a sanction award against opposing counsel. It turns out that because he had
fled bankruptcy, Gessin no longer owns this claiIn. If you look at the file, you will see
that Coughlin appeared and then fled a bizarre "partial withdrawal" doclllnent on
December 8, 2011.
fling
etence
understaJl e
Letter to Patrick King, Esq.
January 14, 2012
Page 2
Subsequent to that time, Coughlin has been ghostwriting documents that
purport to be from Gessin, individually, and e-fling them for Gessin. He is using the
"/s/" for Gessin's signature. These are clearly not docunlents that are signed or
prepared by Mr. Gessin, and the fact that somebody (Coughlin) e-fles them confirms he
is ghostwriting without the required disclosure. In addition, it appears that Coughlin
has facilitated the of what nlay be a fraudulent bankruptcy on behalf of Gessin.
Coughlin's lack is demonstrated in the Gessin case by the fact that he
does not effect on the ownership of Gessin's potential claims from
Gessin having fled a bankruptcy, (Le., the claims now belong to the bankruptcy trustee,
not Gessin.)
As ";th all of the matters referenced below, I strongly suggest that you
contact the Second Judicial District Court and get e-filing access to the cases mentioned
so you can look at the documents yourself. Glade Hall, Esq., is opposing counsel in that
case and may be of help to you.
2. I am informed and believe that Mr. Coughlin was recently convicted of a
theft crime in Reno Municipal Court. I am fUlther informed that the matter arises out of
shoplifting at Walmart. That case is presently on appeal to the district court in case
number CRu-2064. Mr. Coughlin is representing himself.
3. Mr. Coughlin is presently facing criminal charges regarding the theft of
an iPod. That is pending in Reno Justice Court as case number RCR2011-063341. I
have reviewed the file. Mr. Coughlin got into some sort of argulnent with his public
defender. As a result, he was referred out for a competency evaluation.
4. We represent Dr. Matthew MerIiss, a physician from Chico, California.
Dr. Merliss owns the property at 121 River Rock Street, Reno, Nevada. Beginning in
March 2010, the property was leased to Mr. Coughlin and his then-girlfriend. The lease
expired in February 2011. The girlfriend lef the community in approximately May 2011.
Dr. Merliss contacted us in approxhnately August 2011 to assist in evicting Mr.
Coughlin. Coughlin had not paid rent or utilities since May. He contended that there
were habitability issues with the property that justified his withholding rent. All of his
clahns were decided adversely to his position at the eviction hearing. Justice of the
Peace Peter Sferazza ordered Coughlin evicted from the premises effective November 1,
2011. On that date, the Washoe County Sherifs Department performed their normal
eviction procedure: locks were changed and the eviction notice was posted on the front
door. We videotaped the home and its contents at that time. Upon inspection over the
next few days, it becarne apparent that "somebody" was breaking into the hOlne on a
regular basis.
On Sunday, Novenlber 13, 20 11, Dr. 11erliss came to town, and I Inet hiln
at the hOIne on River Rock Street. As we walked through the home, it was obvious that
living
{
e
_
going
living
Letter to Patrick King, Esq.
January 14, 2012
Page 3
SOlneone had been in there since I had last been in several days before. Dr. Merliss
discovered that the baselnent door was barricaded (not locked) fronl the inside. The
Reno Polce Department was sunlnloned. They tried to coax whoever was in the
basement out, without success. After Dr. Merliss had to kick the door down, it "vas
discovered that Mr. Coughlin had broken in and was in the basement. He was
arrested and is presently facing criminal trespass charges in Reno Municipal Court. See
case no. 11 CR 26405 21. He is also facing a contempt motion in front of Judge Sferazza
in the eviction case. Sferazza has stayed that matter pending the resolution of the
criminal trial. That was scheduled for January 10, 2012, but was continued at the
request of Mr. Coughlin's new attorney.
5. The eviction order is now on appeal to the Second Judicial District
Court. See case Cl1-o3628, pending in Department 7. As part of the eviction process,
a lien was asserted against the personal property that Coughlin lef behind at the home.
On November 16, 2011, Coughlin fled a motion to contest the landlord's lien in the Reno
Justice Court. The court tried to promptly set a hearing, but Coughlin refused to
cooperate in setting the matter, and the court took it of calendar. Coughlin then re
initiated that process and a hearing was held in December, at which time the court heard
evidence of Coughlin's lack of cooperation in setting the November hearing. You may
also want to contact Reno Justice Court staff, and in particular, chief clerk Karen Stancil,
about Mr. Coughlin's abusive treatment of her and her staf. After the hearing, the court
issued an Order granting Coughlin a two-day time wndow to remove his personal
property. The frst day was Thursday, December 22, 20 11. Afer Coughlin was allowed
into the home that frst day, he sent out an e-mail to the effect that because he had
appealed Judge Sferazza's order, he was entitled to a stay of proceedings and was
to resume in the home. As a result, he did very little to remove any of his personal
property that day. On Friday, December 23, 2011, after he learned, again, that his stay
had been denied, Coughlin assembled a small crew and they were able to remove a
substantial amount of his personal property. (You need to understand that Mr.
Coughlin is a hoarder. We have the photos and videos if you would like to see them.)
However, Mr. Coughlin did not get all of his property out. For example, I counted 13 car
seats that he had somehow managed to get down into the basement.
Having failed to remove all of his belongings, Mr. Coughlin then moved
before Judge Flanagan for a temporary restraining order to prevent the disposal of his
abandoned property in accordance with Judge Sferazza's order. Attached is Mr.
Coughlin's motion, my offce's opposition, and Mr. Coughlin's reply. These documents
demonstrate Mr. Coughlin's complete and utter incompetence as an attorney.
On Januar 11, 2012, Judge Flanagan denied Mr. Coughlin's request for a
tenlporary restraining order. On January 12, 2011, the contractor hired to clean the
house cOlnmenced work. Mr. Coughlin flagged the contractor down in trafc when he
(the contractor) was on his way to the dU11P with the abandoned property from the
h0l11e. Coughlin called the police, who arrived at the transfer station. Coughlin was
falsely asserting that the contractor had tried to run hin1 over. He also told the police
Letter to Patrick King, Esq.
January 14, 2012
Page 4
that the contractor had stolen his possessions. After I presented the court orders to the
police, the contractor was allowed to proceed. At their instruction, I have now had a TPO
issued against Coughlin by Reno Justice Court.
However, before the contractor could get back to the River Rock house,
Coughlin was there. He had his video camera and was walking up and down the street
screaming and yellingae police, at the contractor, and at me, when I arrived. Mr.
Coughlin ended up bemg arrested and taken to jail. The police informed me that
because of the number and types of contacts they have had with him, he is no longer
eligible for citations in the event of infractions.
Enclosed you will fnd a copy of a supplemental document fled by Mr.
Coughlin on January 13, 2012, and sent to my staff and I by email from Coughlin that
morning. Please note that the attorney designation on the frst page indicates that it is
being fled by Coughlin as appellant. You will note that the caption is from a diferent
case. It is unclear in which case Mr. Coughlin intended to fle this document, although,
because of the case number and the caption, it appears to have ultimately been routed to
the Carpentier case (CVOB-01709) and not the eviction appeal case (CV11-0362B). I am
told that counsel in the captioned case may also be in the process of fling a bar
complaint against Coughlin.
6. When the house was secured after Coughlin's arrest, we found a crack
pipe and a bag of what appeared to be marijuana. The contractor also reported fnding a
box of pills and a vial of some sort. We understand Coughlin has unsuccessfully tried
the Lawyers Concerned for Lawyers program, and that he has a history of substance
problems.
7. Mr. Coughlin has fled two lawsuits against his former employer,
Washoe Legal Services. He has sued all of the board of directors and the management of
the company. Both cases have now been dismissed. Both cases demonstrate his lack of
competence. I suggest you contact Joseph Garin, Esq., in Las Vegas, as he was counsel
for the defendants in that case. You may want to contact Paul E1cano, Esq., the director
of Washoe Legal Services.
8. Mr. Coughlin has a habit of initiating cases and asking to proceed in
forma pauperis. He has done so in cases against me, my ofce, my client, and Washoe
Legal Services. You will find them if you run a search for Coughlin Z on the Second
Judicial District Court website. The courts that have reviewed the documents have
generally denied his requests. What is of note is that his representations in the
applications to proceed in forma pauperis are inconsistent \vith and contrary to the
representations that he has Inade to Judge Flanagan in the context of seeking a
teinporary restraining order. On the one hand, he tells the court he is broke and has no
property, and on the other hand, he is telling the court that he has a great deal of
valuable property at the home that needs to be protected. This demonstrates a gross
lack of candor with the tribunals "ith vvhich he deals.
time
papee
anyhing
,. . .
(.
Letter to Patrick King, Esq.
January 14, 2012
Page 5
9. Coughlin has also tried to fle a case against me, Iny associate, Iny client,
and others, including the Reno Justice Court. It is also to be found on the website.
Judge Steinheimer has ruled that he did not comply with NRCP 8.
10. Coughlin's behavior was unusual to start, and has become more and
lTOre bizarre during the we have been dealing with him. He serves papers he does
not fle, and fles does not serve. He consistently signs certifcates of service
that he has mailed to tIS, but we have never received from him by mai1. He has
posted videos of the eviction service attempts and parts of the trial on YouTube,
including some recordings he secretly made in court with his cellphone.
11. Another example of his incompetence is that he does not understand
what orders are, and are not, appealable. He does not understand that fling a notice of
appeal divests the lower court of jurisdiction.
I am confdent that once you look into this matter, you will agree that Mr.
Coughlin should not be practicing law. He is a danger to the community.
Sincerely,
l
S
I
Richard G. Hill
RGH:kn
Enclosures:
-Coughlin Amended Emergency Motion for Restraining Order
-Merliss Opposition to Motion for TRO
-Coughlin Reply to Opposition to Motion for TRO
-Suppleinental Reply to Opposition dated 1/13/12