Unlucky Thirteen

The voluntary surrender of a law license by an attorney facing a host of allegations has been accepted by the Nebraska Supreme Court

On February 28, 2024, the Counsel for Discipline of the Nebraska Supreme Court, the relator, filed formal charges against the respondent. The charges consisted of 13 counts arising from his representation of 13 separate clients and allege that by his actions, the respondent violated his oath of office as an attorney licensed to practice law in the State of Nebraska, as provided by Neb. Rev. Stat. § 7-104 (Reissue 2022), and violated several provisions of the Nebraska Rules of Professional Conduct. In each count, it was alleged that the respondent neglected his client’s case, Neb. Ct. R. of Prof. Cond. § 3-501.3; failed to communicate with his client, Neb. Ct. R. of Prof. Cond. § 3-501.4; and failed to respond to the investigation of the relator, Neb. Ct. R. of Prof. Cond. § 3-508.1. Counts I through V additionally alleged that the respondent engaged in conduct that is prejudicial to the administration of justice, Neb. Ct. R. of Prof. Cond. § 3 508.4(d) (rev. 2016). Counts III, V, VI, VIII, IX, XI, and XII of the formal charges also alleged that the respondent failed to provide an accounting of his time to his client, Neb. Ct. R. of Prof. Cond. § 3-501.5, and failed to return materials to the client upon termination of the representation, Neb. Ct. R. of Prof. Cond. § 3-501.16. Count VI alleged that the respondent misappropriated $9,200 of his client’s funds, committed a criminal act, and engaged in conduct involving dishonesty and fraud, all in violation of § 3-508.4(b) and (c).

The court

Upon due consideration, the court accepts the respondent’s voluntary surrender of his license to practice law, finds that the respondent should be disbarred, and hereby orders him disbarred from the practice of law in the State of Nebraska, effective immediately.

The case is STATE EX REL. COUNSEL FOR DIS. V. SIPP Cite as 317 Neb. 191 (Mike Frisch)