State ex rel. Counsel for Discipline of the Nebraska Supreme Court v. Bradley A. Boyum

Summary

The Nebraska Supreme Court imposed a 60-day suspension on attorney Bradley A. Boyum for failing to complete estate-planning work, failing to communicate effectively with a client, and failing to cooperate promptly with disciplinary investigations. Reinstatement was conditioned on completing six hours of professional-responsibility education and serving two years of monitored probation.

Holdings

1. When neither party files exceptions to a referee's findings of fact in an attorney-discipline proceeding, the Nebraska Supreme Court may treat those findings as final and conclusive and grant judgment on the pleadings as to the facts.
2. Boyum violated Neb. Ct. R. of Prof. Cond. §§ 3-501.3, 3-501.4(a)(3), and 3-508.4, and violated his oath of office as an attorney, because he failed to perform paid estate-planning work, failed to communicate effectively with his client, and failed to cooperate promptly with the disciplinary investigation.
3. A 60-day suspension from the practice of law was appropriate, with reinstatement conditioned on completion of 6 hours of legal education in professional responsibility and submission to two years of monitored probation after reinstatement.

Questions Presented

1. Whether the referee's factual findings and the amended formal charges were sufficiently established to support judgment on the pleadings when neither party filed exceptions.
2. Whether Boyum violated Nebraska professional-conduct rules governing diligence, client communication, and attorney misconduct, as well as his attorney oath.
3. What discipline was appropriate for Boyum's misconduct, considering the aggravating and mitigating circumstances.

Disposition

other