Summary
The Nebraska Supreme Court considered the appropriate discipline for Donna J. Tonderum, who disclosed confidential information about a former criminal defense client to the prosecutor. The court concluded that her conduct violated Nebraska attorney-discipline rules and that her failure to respond to the formal charges was an aggravating concern. The court ordered an indefinite suspension from practice, with a minimum suspension of three years.
Topics
Practice areas
Questions Presented
- What discipline was appropriate for Tonderum's intentional disclosure of confidential information concerning a former client.
- What effect should Tonderum's failure to respond to the formal charges have on the disciplinary sanction.
Holdings
- In an attorney-discipline proceeding, the Nebraska Supreme Court conducts a trial de novo on the record and may impose disbarment, suspension, probation, censure, or reprimand under Neb. Ct. R. § 3-304.
- The court determines the appropriate attorney discipline by considering the nature of the offense, deterrence, the reputation of the bar, protection of the public, the offender's general attitude, and the offender's present or future fitness to practice law.
- An indefinite suspension with a minimum suspension of three years was the appropriate discipline for Tonderum's serious breach of former-client confidentiality, compounded by her failure to respond to the formal charges.
Key quotations
“we conclude that an indefinite suspension, with a minimum suspension of 3 years, is the appropriate discipline.” (948)
“Tonderum should be indefinitely suspended from the practice of law in the State of Nebraska effective upon the filing of this opinion, with a minimum suspension of 3 years.” (948)
Factual background
Tonderum formerly represented a criminal defendant charged with first degree sexual assault. After the client terminated her representation and retained another attorney, Tonderum contacted the prosecutor, expressed hostility toward the former client and successor counsel, and disclosed confidential information including potential witnesses, anticipated testimony, witness contact information, and the expected defense strategy. The disclosure caused the prosecutor's office to withdraw and led to appointment of a special prosecutor. Tonderum denied some allegations in response to the initial grievance but failed to answer the formal disciplinary charges.
Procedural history
The Counsel for Discipline filed formal charges alleging that Tonderum disclosed confidential information about a former client to a prosecutor. Tonderum did not respond to the formal charges. The court granted judgment on the pleadings concerning the facts and directed briefing on discipline; only the relator filed a brief. The court imposed an indefinite suspension with a minimum suspension of three years.