State of Nebraska ex rel. Counsel for Discipline of the Nebraska Supreme Court v. Gary R. Pearson

Summary

The Nebraska Supreme Court considered disciplinary charges against attorney Gary R. Pearson arising from excessive fees in estate matters, false statements, and improper maintenance of a client trust account. The court found violations of multiple Nebraska Rules of Professional Conduct and the attorney’s oath of office. It imposed an 18-month suspension, subject to compliance with applicable court rules and payment of costs.

Holdings

1. The record established by clear and convincing evidence that Pearson violated Nebraska Rules of Professional Conduct sections 3-501.1, 3-501.5(a), 3-501.15, 3-503.3(a)(1), 3-508.1(a), and 3-508.4(a) and (c), and violated his oath of office as an attorney under Neb. Rev. Stat. § 7-104.
2. The court granted the relator's motion for judgment on the pleadings.
3. An 18-month suspension from the practice of law was appropriate.

Questions Presented

1. Whether the undisputed record and referee findings established Pearson's violations of the Nebraska Rules of Professional Conduct and his attorney oath by clear and convincing evidence.
2. Whether judgment on the pleadings was appropriate in the disciplinary proceeding.
3. What sanction was appropriate for Pearson's multiple instances of professional misconduct.

Disposition

other