State ex rel. Counsel for Discipline v. Chapin, 270 Neb. 56

Summary

The Nebraska Supreme Court considers attorney-discipline charges against Robert William Chapin, Jr., based on neglect of a client's civil rights case, failure to respond to client inquiries, and failure to return the client's file. The court granted the parties' joint motion for judgment, found violations of specified disciplinary rules and the attorney's oath, and imposed a public reprimand, costs, and expenses.

Holdings

1. When no exceptions are filed to a referee's report in an attorney disciplinary proceeding, the Nebraska Supreme Court may consider the referee's findings final and conclusive.
2. Clear and convincing evidence established that Chapin violated DR 1-102(A)(1), DR 6-101(A)(3), DR 9-102(B)(4), and his oath of office as an attorney.
3. A public reprimand was the appropriate discipline for Chapin's violations.

Questions Presented

1. Whether the referee's findings, absent exceptions by either party, should be accepted as final and conclusive.
2. Whether clear and convincing evidence established that Chapin violated DR 1-102(A)(1), DR 6-101(A)(3), DR 9-102(B)(4), and his oath of office as an attorney.
3. What discipline should be imposed for the established violations.

Disposition

other