State ex rel. Counsel for Discipline of the Nebraska Supreme Court v. Wilson

Summary

The Nebraska Supreme Court disciplines an attorney who threatened a former client with disclosure of immigration and divorce-related information to obtain payment for legal services. The court held that the conduct violated the attorney’s oath and DR 1-102(A)(1) and (6), rejecting the respondent’s due-process arguments. The court imposed a two-year suspension from the practice of law.

Holdings

1. The Nebraska Supreme Court Rules of Discipline did not require that respondent be notified of the Committee on Inquiry's decision within 30 days; the 30-day requirement applied to the Committee's determination whether reasonable grounds existed for discipline.
2. The court did not violate respondent's due-process rights by declining to appoint a referee under Rule 10(K) because the answer raised only issues of law and respondent had received notice, an opportunity to appear, and an opportunity to examine witnesses and present evidence.
3. By clear and convincing evidence, respondent violated DR 1-102(A)(1) and (6), as well as his oath of office, by using threats to disclose client information and to invoke legal proceedings in order to coerce payment and exact personal retaliation against a former client.
4. A two-year suspension from the practice of law was warranted.

Questions Presented

1. Whether respondent violated his attorney's oath and DR 1-102(A)(1) and (6) by threatening to disclose client information and use legal proceedings to coerce payment and retaliate against a former client.
2. Whether respondent was denied due process because the Committee on Inquiry allegedly failed to notify him of its decision within 30 days.
3. Whether the Supreme Court could forgo appointing a referee under Nebraska Supreme Court Rule of Discipline 10(K) when respondent's answer raised only issues of law.
4. What discipline was appropriate for respondent's misconduct.

Disposition

other