COURT:SUMBER:

EARL S. NIELSEN, PHD.CLINICAL PSYCHOLOGIST

eDtember 22, 2014

PSYCHOLOGICAL EVALUATION

Zachary B. Coughlin, Esq. NAME:

DATE OF BIRTH: 9/27/1976 AGE: 37

In the Matter of Zachary B. Coughlin, Esq., Nevada Bar #9473,RespondentSupreme Court of the State of Nevada60975

CASE NAME:

TES OF EVALUATION: 7/25/2014; 8/1612014; 9/20/2014

I. Review of records supplied by the Nevada State Bar Association and

Mr. Coughlin2. Interview (seven hours)3~ Mental Status Examination4. Wechsler Abbreviated Scales of Intelligence - II5. Minnesota Multiphasic Personality Inventory - II6. Millon Clinical Multiaxial Inventory - III7. Hare PCL-R (2~ Ed.)

THODS:

OBLEM HISTORY: In April, 2012 the Nevada State Bar Association designated a Screening]eI to revw complaints against Mr. Coughlin. The panel issued findings including, "". the.eening panel believes that the Respondent is incapable of continuing the Practice of lawause of< mental infirmity, illness, or addiction." The issue was reviewed by the Nevadapreme Court, and a Psychological Evaluation was ordered for the purpose of determining the`ntal fitness of Mr. Coughlin and his competency to practice law.

) CIALHISTORY: Mr. Coughlin was born in Bellevue, Washington on SePtember 27, 1976.s births normal but he was jaundiced. He met developmental milestones within normalits, He had seizures during infancy, but no other serious illnesses, high fevers, or head trauma

ring early childhood,

Coughlin's parents divorced when he was age two. His mother is age 66, a college graduateto laugh/t Engli h in high school. She was a "great mother" with whom he has maintained ad relLionsip. She was not abusive or hostile, but was hurt by his decision to live with hiser at age 10. She remains in good health and remains supportive and in close contact' She

i not use alcohol or drugs, and did not suffer mental or emotional difficulties'

WILL.OW ST, RENO NV 89502 (775) 323-6766 FAX (775) 323-2716 esnphd@ sbcglobal.netNEVADA LICENSED PSYCHOLOGIST PYO99 --

NATIO" NAL REGISTER HEALTH SERVICE PROVfDERS IN PSYCHOLOGY #30627

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His father is age 67, a Reno physician who graduated from Tulane University. Mr. Coughlin wasclearly proud of his father, but also conflicted. He likes and respects his father, but is largelyestranged. His father was dependable and their relationship was good in many ways. He alsodescribes his father as emotionally detached, conceited, arrogant, and says he saddled Mr.Coughlin with high expectations. He was also hypercritical of Mr. Coughlin's mother. Hedeveloped problems with alcohol but has been sober and active in Alcoholics Anonymous for 35years. He was an athlete in college, modeled for an ad in Seventeen Magazine, and remains ingood health. He does not use alcohol or drugs.

Mr. Coughlin's parents divorced in Texas. Mr. Coughlin began kindergarten in Gardnerville,Nevada while living with his mother, and remained there through fourth grade. He was a goodstudent, not a behavior problem, and had no difficulty adjusting socially. His mother remarriedwhen Mr. Coughlin was to begin fifth grade, and moved with him to Dayton, Ohio. Hisstepfather was a high school graduate, an alcoholic who worked for the county. Mr. Coughlinwas enrolled in gifted and talented programs but his grades slipped to C's. He wore his hair in anodd fashion and was heavily teased. He played Little League and Babe Ruth Baseball where hepitched and played second base.

For sixth grade, Mr. Coughlin returned to Reno and lived with his father and stepmother inCaughlin Ranch. He attended Swope Middle School. His grades and achievement improved, heparticipated in athletics and music, and played competitive tennis. Socially, however, hefloundered and had few friends. He attended Reno High School. He maintained a 4.0 gradepoint average through high school and was named a National Merit Scholar. He playedbasketball where he was named to the All-State roster twice. He says he likes the intensity and"rush" of competition. He was disciplined once for talking back to an English teacher, but hadno suspensions or juvenile arrests. He did not use drugs or alcohol during high school. Hegraduated with honors in 1995.

He then went to the University of Washington for three semesters, then transferred to UNR. Hedid well in school, although began using alcohol and some marijuana with friends. He didn'thave problems at UNR and graduated without difficulty.

He enrolled at Boyd School of Law in Las Vegas. He liked school, but had conflicts with someteachers. He got into a conflict with an adjunct professor who accused him of academic fraud,but it was cleared by investigation. He was confronted in a movie theater for entering withoutpaying, ran, and was arrested for Resisting a Public Officer. He used some alcohol and wassarcastic when drinking. He took the Nevada State Bar examination in May, 2001 and wasinformed of his passing score in August. He graduated from law school in December, 2001.

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After graduation, he sold suits at Macy's. He moved to Sacramento and worked for a law firm |while waiting for his licensure, but was dismissed when his license was delayed, He was arrested |for DUI in California and returned to Reno. ~

In December, 2002 the Nevada Supreme Court issued an order deferring Mr. Coughlin's |admission to the Nevada State Bar, "partially based upon a condition that Mr. Coughlin receive |psychological counseling" I

In 2003 Mr. Coughlin was diagnosed with ADHD and was prescribed Adderall. He was also |diagnosed with major depression and was prescribed Welbutrin by Dr. Stepinova at Northern |Nevada Mental Health Services. He attended counseling once per month and said it helped He |did not taking Adderall and discontinued. He was admitted to the Nevada State Bar Association |on October 1, 2004, but was not formally notified until May, 2005 according to Mr. Coughlin. |He did some piecework for Barber and Klearman and Associates, then went to work for the Hale |Lane Law Firm where he stayed five months. He left there due to severe gastroenteritis which |left him unable to work and lead to an addiction to Oxycontin and opioid medications. When he |recovered, he went to work for Nevada Legal Aid. ~

He lived with a woman from 2007 to 2011, but she left him following her college graduation. He /resented the fact that he had helped put her through college and felt used, but his family sided |with her. ~

In 2009 Mr. Coughlin accepted a divorce case in Family Court, the 2"d Judicial District Court, |Department ll, with Judge Linda Gardner presiding. In her order after trial, Judge Gardner [described Mr. Coughlin's behavior as "rude, sarcastic, and disrespectful at trial", She also cited |his failure to conduct discovery, difficulties understanding a balance sheet, and lack of |knowledge with respect to mies of evidence and trail procedure. According to Mr. Coughlin, she |later rescinded her complaint. ~

In August, 2011 Mr. Coughlin was arrested for the theft of an iPhone. He served seven days in |jail. Nine days later he was arrested for shoplifting at Walmart for consuming a candy bar and |throat lozenges. ~

In November, 201 I Mr. Coughlin was evicted from his home/office in Reno and was locked out. |He was arrested for trespassing and spent three days in jail. On November 30 his trial for the |candy bar theft came before the Reno Justice Court in front of Judge Howard. The trial was |delayed, but Mr. Coughlin was held in Contempt of Court and served three days in jail. Judge |Howard issued the order for "Refusing to obey the directives of the Judge, continuing lines of |inquiry after being advised by the Court to refrain form doing so, demeaning the Court with |

Psychological EvaluationZachary B. Coughlin, Esq.September 27,2014

~ Psychological Evaluation 4 ~Zachary B. Coughlin, Esq. September 27,2014

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statements such as Wow' in response to Court rulings, laughing during testimony and further1 questioning the Court and its authority."

On December 20, 2011 a six"hour hearing was conducted for a contested lien on his property.He was ordered to pay $400.00 for 17 days storage, then was given December 22 and 23 toremove his final belongings. He was unable to remove all of his possessions during the alloted

time.~

On January 12, 2012 Mr. Coughlin saw his belongings were being loaded into a truck belonging, to a contractor for his landlord. He confronted, then followed the truck to the trash dump. Hej believed that having filed for a Summary Judgement would have preserved his property until a

ulin a made, buts when he filed for am J Ternorary Restraining der, he was ene Hereturned to his home/office and filmed the removal of his property. He was confronted by apolice officer who told him to stop. When Mr. Coughlin resisted, he was arrested for jaywalking, then posted bail and was released.

After his eviction, Mr. Coughlin had rented a room in essentially a "flop house". He agreed topay $200.00 per month, but when he had moved in the landlord then demanded $50-00 forutilities. The tenants threatened him and slashed the tires on his car. He called 91 I for policeassistance. The same officer who arrested him two days before arrested him for Misuse of 911.He was convicted in April, 2013 and was sentenced to six months in jail, suspended.

In February, 2012 Mr. Coughlin filed a "Notice of Appearance, Entry a Plea of Not Guilt, Waiverof Right to Arraignment, and Motion to Dismiss" in the Reno Municipal Court case. OnFebruary 28, 2012 he was in Reno Municipal Court to contest traffic citations. He was found inContempt of Court by Judge Dorothy Nash Holmes, and served five days in jail. The trafficcitations were dismissed. On March 5, 2012 he filed a "Notice of Appearance of Co-Counseland Motion to Dismiss" in a case in Department 11 of the 2"d Judicial District Court. On March12, 2012 Judge Holmes issued an order prohibiting Mr. Coughlin' s contact with the RenoMunicipal Court, continued the criminal case, and referred Mr. Coughlin to the Nevada StateBar.

On March 15, 2012 Mr. Coughlin was late for an eviction hearing and the landlord was grantedthe eviction by default. He went to the apartment, gathered personal items and then attended ahearing in the Bankruptcy Court of Judge Beasley. He wore a tie and jacket, but had only a teeshirt underneath. Judge Beasley continued the hearing, but complained. Mr. Coughlin washomeless, and his possessions had again been placed in storage.

A friend assis'ted Mr. Coughlin and allowed him the use of a fifth-wheel trailer for storage in

Psychological EvaluationZachary B. Coughlin, Esq.September 27,2014

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In May, 2013 Mr. Coughlin was arrested for Resisting a Public Officer. He served two weeks injail, then met bail conditions and was released. He was convicted in October, 2013 and wassentenced to six months in jail. His suspended sentence for the use of "911" was revoked, and hewas ordered to serve the sentences consecutively. He was in jail from November, 2013 untilApril, 2014 when he was released.

In June, 2014 Justice Pickering rejected the Nevada State Bar's recommendation for permanentdisbarment and ordered a Psychological Evaluation.

PSYCHOLOGICAL TESTING: Mr. Coughlin was on time for appointments and cooperativewith all requests and inquiries. He understood directions and materials. Results are valid forinterpretation.

On Mental Status Examination, Mr. Coughlin is alert, responsive, and well"oriented to allperceptual spheres. His memory is intact for recent and long-past events. He denieshallucinations and delusions, and does not describe beliefs or perceptions consistent with thoughtdisorder He does tend to ramble, is interesting but difficult to interview, but generally recallsdates, times, and incidents. He reports some depressive symptoms by history and hasintermittently received psychotropic medications and psychological counseling. He isembarrassed and remorseful about his behavior, and remains mildly depressed. He deniesproblems with allxiety, but was diagnosed with ADHD quite late, and may have experiencedsome mallic agitation rather than hyperactive display. He does not describe significant problemswith substance abuse. He denies significant aggression or violence, and has not been suicidal orprone to self mutilation.

Cognitively, Mr. Coughlin obtains a Full Scale IQ score of 131, within the gifted range. Hisvocabulary and verbal reasoning abilities are very strong. He has good capacity for abstractreasoning, but impulsivity and inattention to detail interfere with problem solving, practicalsolutions, and perceptual reasoning. He does not show evidence of impaired thinking or signs ofbrain impairment.

Clinically, Mr. Coughlin does not endorse symptoms of thought disorder or psychosis. He doesnot describe any experience with hallucinations or delusions. He is suspicious and mistrustful,but not at the level of gross confusion necessary for a diagnosis. His reality testing in intact. Histhinking may be judged as odd by some, but he is not bizarre or fully out of touch.

He does acknowledge struggles with chronic depression throughout his adulthood, and has beenmedicated, primarily with Welbutrin for most of that time. He has not had major depressiveepisodes but rather chronic and insidious symptoms of low self esteem, disinterest in people or

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Psychological EvaluationZachary B. Coughlin, Esq.September 27,2014

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activities, low motivation, and some social avoidance. The condition has persisted for 20 years,with intermittent relief from prescribed medications. He has low frustration tolerance and someself defeating patterns. He has never planned or attempted suicide, but has experienced suicidalthoughts. He is not violent or aggressive, and does not present a danger to others,

Mr, Coughlin has also been diagnosed with ADHD for the past 10 years and medicated withAdderall. He can describe benefits, including improved concentration, better personalorganization, and better sustained effort, but he doesn't like the perceived side effects.Psychological test results do not confirm the full array of ADHD symptoms, and instead suggestunderlying anxiety symptoms which may be interpreted as ADHD. Although ADHD is oftenmissed during childhood and identified only later in early adulthood, Mr. Cough|in does notreport having had the serious attention or concentration problems during school, and was notdescribed as hyperactive by observing adults.

While some anxiety symptoms are noted in test results, these may be artifacts of his chronicdepression. He is restless and on edge, had difficulty maintaining concentration, can be irritable,and often worries. The chronic aspect of his anxiety drives him to be somewhat cynical,expecting disappointment, and to make "mountains out of molehills" (his phrase). He seems toenjoy argument for argument's sake, and as seen in his own legal responses, tends to ramble anddrift from the point by over-developed but irrelevant details. He doesn't report actual panicattacks or somatic complaints. He does not openly express manic agitation, hyperactivity, orhypomanic display. He does not endorse racing thoughts, tremors, or excessive fears. He doesadmit to some hoarding behavior, but test results are not elevated on measures forobsessive/compulsive disorder. He does experience some dysfunctional negative emotions in theform of negative attitudes in addition to other depressive symptoms.

Mr. Coughlin was raised in a home where alcohol was just not prohibited, but disdained. Duringhis early adulthood he drank to excess out of spite, and by age 25 described himself as analcoholic. He attended AA, but was uncomfortable. Around age 30 he developed an addiction toopiates prescribed for pain, but stopped using pain pills at least five years ago. Psychological testresults do not reveal an addictive personality, and while substance abuse is possible, addiction isunlikely.

Broader personality measures suggest a diagnostic profile of Dependent Personality Disorderwith Depressive Features. Mr. Cough|in is a man of very low self esteem and, despite his earlyaccolades and successes, an inept self image. He is impulsive, moody, and resentful, and can berigid, argumentative, suspicious, and brooding. He is largely passive-aggressive, but expresseshostility as righteous indignation, blames others for his troubles, and resents authority. He isoften bored, feels empty, and is unable to profit form his own experience. He doubts his own

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8Psychological EvaluationZachary B. Coughlin, Esq.September 27,2014

judgement but mistrusts that of others, and rarely takes advice, He feels lonely and alienatedfrom others, but tends to isolate himself form social opportunity, remaining guarded andsuperficial in his relationships. His approaches to self understanding and social awareness areunconventional and immature. He is overwhelmed at times by his perception of Personal faults,feeling socially awkward, out of place, useless, and rejected. He can be quick-tempered andimpatient, but does not experience actual rage attacks or intense overt hostility. His self esteemproblems lead to some masochistic (not sexual) feelings, and he even questions whether heprovokes the rejection he perceives. Much of his character is supported by paradox andinconsistency: He feels entitled and unworthy at the same time; he wants understanding,recognition, and support, but will not reciprocate; he can acknowledge many interpersonal errorsand slights but remains too grounded to apologize.

While Mr. Coughlin has a criminal record of increasingly serious infractions, he is not asociopath and does not have an antisocial personality disorder. He can be superficially charming,but he is not pathologically manipulative or conning. He has some conscience development,including capacities for guilt, remorse, and sympathy. His capacity for empathy is less well-developed. He is sufficiently defensive to mask his capacity for taking responsibility for personalactions and behavior. He also knows others find him sarcastic, disrespectful, and annoying, butlacks the personal insight to change without coercion.

CONCLUSIONS: Zach Coughlin is a 38-year old attorney in Reno who was evaluated at therequest of the Nevada Bar Association at the direction of the Nevada Supreme Court to identifymental illness or emotional problems which might underlie his erratic behavior which lead to a

petition to disbar him.

Mr. Coughlin was raised in Reno by divorced parents. His father is a well-respected physician inReno, a recovering alcoholic from whom Mr. Coughlin feels largely estranged. His mother wasmore supportive emotionally, but has set limits regarding financial support.

Mr. Coughlin was a capable student and fine athlete who went on to complete college, thenobtained his law degree at Boyd School of Law in Las Vegas. Although he passed the NevadaBar examination before graduation in 2002, his application was delayed until 2004.

In 2011 Mr. Coughlin stole a cell phone, then later a candy bar, both of which lead to criminalconvictions. In 2012 a screening panel was appointed to review and investigate his infractions.During 2012, he had several more conflicts with law enforcement, but also received complaintsfrom sitting judges. In 2013 he was convicted of Resisting a Public Officer and was sentenced tosix months in jail. A previously suspended sentence was also revoked. He was in jail fromNovember, 2013 to April, 2014.

Psychological Evaluation 9Zachary B. Coughlin, Esq.September 27,2014

The Nevada Bar Association decided Mr. Coughlin should be disbarred, but the Nevada SupremeCourt returned the case to the Nevada Bar Association for further review.

Mr. Coughlin is not thought-disordered, psychotic, or schizophrenic. He has been diagnosedwith mild to moderate depression for 20 years, and has been responsive to medications.

He continues to suffer the symptoms of Persistent Depressive Disorder, mild to moderate, andcontinued consultation with his physician is recommended. He was diagnosed with ADHD 10years ago, but I cannot find diagnostic evidence to support it. The fact that he benefits from the

medication is not surprising, but is more likely treating an anxiety symptoms rather than actual attention deficit. Diagnostic measures clearly identify symptoms consistent with an anxiety state, although sorting that out from his depression is complicated.

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Additional measures used to identify personality disorders confirm the diagnosis of DependentPersonality Disorder associated with traits of Depressive and Masochistic Personality Styles.The combination of social alienation, low self esteem, passive aggressive hostility, and conflictwith authority figures not only supports the behavioral components of depression and anxiousemotion, but also supports the consistently self defeating and cynical nature of an otherwisecapable young man. From a layman's (non-attomey) point of view, his violations seem petty andinnocuous, but he does demonstrate an inability to learn from his mistakes and a consistentimpulse to shoot himself in the foot.

DSM 5 DIAGNOSTIC SUMMARY:300.4 Persistent Depressive Disorder, moderate304.00 Opioid Use Disorder, in full remission305.00 Alcohol Use Dirorder, mild, in full remission301.6 Dependent Personality Disorder, with Depressive and Masochistic Traits

RECOMMDATIONS:1. Mr. Coughlin is not formally mentally ill, but does suffer emotional disturbance with anunderlying personality disorder, My recommendation for Mr. Coughlin is that he seeksubsistence employment outside the legal profession while he engages in a rehabilitative courseto address his disrupted emotional state and his longer-term deficiencies in personalityfunctioning.

The greatest weakness in that recommendation is that Mr. Coughlin is nearly homeless, has few- . . . . . . .

resources, and needs intensive out-patient intervention, While he Is eligible for services through ' ^ . G . . .the Northern Nevada Adult Mental Health Services, I cannot recommend that facility as a sufficient resource for Mr. Coughlin's needs. He needs ongoing access to a quality psychiatrist

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10Psychological EvaluationZachary B. Coughlin, Esq.September 27,2014