State ex rel. Counsel for Discipline v. Swanson

Summary

The Nebraska Supreme Court reviewed disciplinary charges against Debra M. Swanson involving mishandling client funds, failure to refund unearned fees, misrepresentations, refusal to comply with discovery obligations, and a sexual relationship with a client. Applying a clear-and-convincing-evidence standard and conducting a trial de novo on the record, the court upheld the violations and ordered Swanson disbarred effective immediately.

Holdings

1. Clear and convincing evidence established that Swanson violated DR 1-102(A)(1), DR 9-102(A), DR 9-102(B)(3), and her oath of office by failing to deposit client funds into an attorney trust account and failing to maintain contemporaneous records and render an accounting.
2. Clear and convincing evidence established that Swanson violated DR 1-102(A)(1), (5), and (6), DR 2-110(A)(3), DR 9-102(A), and her oath of office by failing to safeguard and refund a client's fee, making false billing representations, and failing to pay the resulting judgment.
3. Clear and convincing evidence established that Swanson violated DR 1-102(A)(1), DR 7-101(A)(3), and her oath of office by engaging in a sexual relationship with a client while representing him in a dissolution action involving child-custody issues.
4. Clear and convincing evidence established that Swanson violated DR 1-102(A)(1), (5), and (6), DR 9-102(B)(4), and her oath of office by refusing to answer deposition questions in violation of a court order, failing to refund an advance fee, and failing to pay the resulting judgment and sanction.
5. Disbarment was the appropriate sanction for Swanson's cumulative misconduct.

Questions Presented

1. Whether clear and convincing evidence established that Swanson violated the Nebraska attorney disciplinary rules and her oath of office in counts I, II, III, and VII.
2. Whether disbarment was an appropriate sanction in light of Swanson's cumulative misconduct, dishonesty, failure to pay judgments, attitude, and lack of mitigating circumstances.

Disposition

other