State of Nebraska ex rel. Counsel for Discipline of the Nebraska Supreme Court v. Thomas M. Petersen, 272 Neb. 975

Summary

The Nebraska Supreme Court addressed the discipline to impose on Thomas M. Petersen for neglecting client matters, mishandling or failing to account for fees, and failing to respond to disciplinary inquiries. The court found clear and convincing evidence that Petersen violated multiple provisions of the former Nebraska Code of Professional Responsibility and his attorney oath. It ordered that he remain indefinitely suspended until February 1, 2008, with reinstatement conditioned on proof of continued recovery and a two-year monitored probation plan.

Holdings

1. Judgment on the pleadings was appropriate because Petersen admitted the allegations in the formal charges and raised no factual or legal issue requiring trial on the merits.
2. The court found by clear and convincing evidence that Petersen violated DR 1-102(A)(1) and (5), DR 2-110(A)(3), DR 6-101(A)(2) and (3), DR 7-101(A)(2), DR 9-102(A) and (B)(3), and his oath of office as an attorney.
3. Petersen was ordered to remain indefinitely suspended from the practice of law, with no possibility of reinstatement until February 1, 2008; any reinstatement would require independent third-party proof of continued recovery-program participation and abstinence from drugs and alcohol, followed by two years of monitored probation.

Questions Presented

1. Whether judgment on the pleadings was appropriate after Petersen admitted the allegations in the formal charges.
2. Whether Petersen's admitted conduct violated specified provisions of the Nebraska Code of Professional Responsibility and his attorney oath.
3. What discipline should be imposed given the misconduct, prior disciplinary history, and mitigating evidence of rehabilitation.

Disposition

other