A Las Vegas attorney with a history of troubling behavior is facing a five-year suspension from practicing law following alarming comments made in the wake of a tragic shooting incident.
James Pengilly, an attorney licensed in Nevada since 1996, made headlines after telling another lawyer to “blow your brains out” just days after a fatal shooting at a Summerlin law office where attorney Joe Houston killed attorney Dennis Prince and his wife, Ashley Prince, before taking his own life.
This shocking incident occurred during an April 17, 2024, phone call, nine days after the tragic events at the law office during a deposition on April 8, 2024.
The State Bar of Nevada was alerted to Pengilly’s comments by U.S. District Judge Jennifer Dorsey, who expressed concerns regarding the frightening nature of Pengilly’s statement in light of the recent shooting.
In previous instances, Pengilly displayed troubling conduct, including a previous suspension in 2018 for displaying a firearm during a deposition and making related statements that raised alarm among peers.
During the April 17 call, Pengilly not only instructed opposing attorney Miles Clark to “go blow your brains out” but also made derogatory remarks about Dennis Prince, referring to him in a disparaging manner.
Although Pengilly admits to making the comments, he argues that the phrasing was idiomatic, intended as a hyperbolic way to challenge Clark.
He remarked, “I said, ‘Miles, file whatever you want. Blow your brains out. Have fun,’” suggesting that he meant it in a context of competitive bravado rather than as a threat.
When confronted about his comments regarding Prince, Pengilly stated, “I don’t know that I actually said that, but Dennis was an a———,” asserting that his remarks were not directly related to the tragic shooting that took place a few days before.
However, Judge Dorsey expressed a different perspective and deemed Pengilly’s comments as inappropriate and alarming, especially given his previous suspension for gun-related behavior.
The disciplinary action against Pengilly was recommended following a hearing held by a disciplinary panel, which found that his behavior demonstrated a pattern of misconduct warranting significant penalties.
The recommendation is now awaiting review by the Nevada Supreme Court, which will ultimately decide the extent of Pengilly’s punishment.
Compounding the situation is Pengilly’s history of unprofessional behavior, which includes name-calling and inappropriate remarks aimed at colleagues and opposing parties in legal matters.
The bar’s documentation highlighted Pengilly’s penchant for using derogatory language to undermine others, often referencing literary or historical contexts humorously but ultimately inappropriately in professional settings.
Pengilly has expressed dissatisfaction with the legal process surrounding his case, claiming bias on the part of Judge Dorsey and suggesting that opposing counsel Clark had undue influence over her.
Despite allegations of unprofessional conduct, Pengilly continues to contest the notion that he posed any real threat to anyone during his statements, maintaining that his comments were misunderstood.
He is quoted saying, “You get these little punks that had failing criminal careers,” referring to the bar staff involved in the investigation.
Assistant bar counsel Brian Vasek, responsible for prosecuting Pengilly’s case, deemed the comments unfortunate but indicative of a troubling pattern of behavior that warranted disciplinary measures.
The bar’s chief counsel, Daniel Hooge, underscored the importance of context, stating that Pengilly’s recent incident represented a culmination of prior conduct that could not be overlooked in the evaluation of his professional standing.
Peer attorney Peter Heins, who participated in the April 17 call, described Pengilly’s comments as strange and unprofessional while also voicing concern that such behavior poses a threat to colleagues in the profession.
While Heins noted that he did not feel directly endangered by Pengilly’s remarks, he emphasized that they could unsettle the average attorney.
As the case moves forward, Pengilly declares his intention to contest the Supreme Court’s recommendation for a five-year suspension.
He rejects the idea that he should feel remorse or regret for his statements, asking rhetorically, “What regret would I have for saying, ‘blow your brains out’?”
While Pengilly claims to have retired, the implications of his recent actions and the ongoing disciplinary proceedings might resonate throughout the legal community, serving as a stark reminder of the professional standards expected within the field.
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