Difficult Client As Mitigating Factor

The Nebraska Supreme Court has imposed a 60-day suspension for an attorney’s failure to timely proceed with the drafting of an estate plan for a client.

While the client initially was in no rush for the documents, the situation eventually led to frustration and a bar complaint

The referee noted that the client involved in the events at issue in this case was a “difficult” client who provided confusing direction regarding when work was to be done, but the referee stated “[t]his fact is barely mitigating since the exact same fact provides notice to [respondent] that extra care was needed to ensure adequate communication.”

The court on sanction

The evidence in the present case establishes, among other facts, that respondent agreed to prepare estate planning documents for the client and was paid a retainer to complete such work. However, respondent failed to prepare the documents and failed to effectively communicate with the client regarding the status of the work to be completed. In addition, respondent repeatedly failed to cooperate with relator’s investigation.

As aggravating factors, we note, as did the referee, that two other grievances had been submitted against respondent for similar misconduct and that in those situations, respondent similarly failed to cooperate with relator’s investigation in a timely manner. Further, the record shows that respondent has received a private reprimand.

As mitigating factors, we acknowledge, as did the referee, that the client involved with the events at issue in this case was a “difficult” client. We also recognize that several letters of support were written on respondent’s behalf.

The attorney must complete CLE and be subject to monitoring on reinstatement. (Mike Frisch)