State ex rel. Counsel for Discipline of the Nebraska Supreme Court v. Frank E. Robak, Sr.

Summary

The Nebraska Supreme Court addressed attorney disciplinary charges against Frank E. Robak, including client neglect, failure to communicate, and failure to cooperate with the disciplinary process. The court ordered an indefinite suspension from the practice of law, with a minimum suspension of one year, followed by two years of monitored probation upon reinstatement.

Holdings

1. A violation of a disciplinary rule concerning the practice of law is a ground for attorney discipline.
2. Under Neb. Ct. R. § 3-304, the Nebraska Supreme Court may impose disbarment, suspension, probation in lieu of or following suspension, or censure and reprimand.
3. In determining whether and to what extent discipline should be imposed, the court considers 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.
4. Attorney-discipline cases must be evaluated in light of their particular facts and circumstances, including the attorney's conduct underlying the violations, conduct during the proceeding, and aggravating and mitigating factors.
5. Robak was indefinitely suspended from the practice of law, subject to a minimum suspension of one year and two years of monitored probation upon reinstatement.

Questions Presented

1. What discipline should be imposed for the established violations of the Nebraska Rules of Professional Conduct and Robak's attorney oath?
2. Whether the established client neglect and failure to cooperate with the disciplinary process warranted indefinite suspension with conditions for reinstatement.

Disposition

other