Neglect Draws Suspension

The Nebraska Supreme Court has adopted a referee’s recommendation of a nine-month suspension followed by monitoring for misconduct described in the court’s opinion

The evidence in the present case establishes that there were several types of misconduct, including neglect of client matters and failure to communicate with clients. The respondent suggested at oral arguments before this court that he was performing the work but did not inform his clients. However, he admitted to violating both §§ 3-501.3 and 3-501.4, and the record shows multiple instances in which he neglected matters entrusted to him by clients. Notably, despite having been retained by one client in part to settle a debt, the respondent failed to respond to an inquiry from opposing counsel about whether his client was interested in settling, and “at no time thereafter made any attempt to negotiate . . . to settle [the] claim.” The respondent also failed to timely submit a brief in that client’s appeal. As to another client, the respondent submitted no evidence on her behalf at a contested divorce hearing. And with yet another client, the respondent agreed to seek a pardon, but then stopped communicating with the client and subsequently admitted he had not represented the client with the “‘diligence that was necessary.’” In addition, the respondent failed to timely respond to multiple inquiries from the Counsel for Discipline and never provided certain requested documents.

Advance fees

The Counsel for Discipline invites us to determine whether a lawyer may enter into a fee agreement that allows the lawyer to treat an advance fee payment as earned upon receipt and not deposit any portion thereof into the lawyer’s trust account. In making that request, the Counsel for Discipline cites to two seemingly contradictory advisory opinions regarding when an attorney must deposit client fees into the attorney’s trust account and when it is permissible to deposit client fees into the attorney’s business account.  However, the facts of this case do not squarely put this issue before us, and as such, we decline the Counsel for Discipline’s invitation.

Sanction

The respondent is suspended from the practice of law in the State of Nebraska for a period of 9 months, effective immediately. Should the respondent apply for reinstatement, his reinstatement shall be conditioned upon his being on probation for a period of 9 months, including monitoring for 9 months following reinstatement, subject to the terms outlined above.

The case is STATE EX REL. COUNSEL FOR DIS. V. SIPP Cite as 314 Neb. 208 (Mike Frisch)