Skip to content
A Member of the Law Professor Blogs Network

Bramblett Bush

The Nebraska Supreme Court has publicly reprimanded an attorney based on a conditional admission

The formal charges generally allege violations relating to competence, communications with persons represented by counsel, respect for rights of third person, and misconduct. The violations arose from a conversation the respondent had with a represented person in which he spoke in a disrespectful and aggressive manner.

The respondent represented the plaintiff, D.A., in the district court for Douglas County, Nebraska, in a dissolution of marriage case. The defendant in that case, A.A., was represented by counsel at all relevant times. On August 20, 2022, the district court entered a temporary order granting the parties joint legal custody of their children, but granting A.A. primary physical custody subject to a parenting time schedule. On September 1, D.A. attempted to pick up the children from school, but fell into a disagreement with A.A. over whether or not he was entitled to parenting time. A.A. made a video and audio recording of a portion of the disagreement using her cell phone. During the disagreement, D.A. called the respondent on his cell phone. While D.A. spoke with the respondent, he asked A.A. whether or not she wanted to speak with the respondent directly on speakerphone. A.A. initially declined, but thereafter agreed to speak directly with the respondent. A verbal exchange took place between A.A. and the respondent. Although the respondent knew that A.A. was represented by counsel, he nevertheless spoke to A.A. in a disrespectful and aggressive manner.

The case is STATE EX REL. COUNSEL FOR DIS. V. BRAMBLETT Cite as 316 Neb. 24 (Mike Frisch)