State ex rel. Counsel for Dis. v. Hoffman

304 Neb. 323 (2019) · Supreme Court of Nebraska · October 25, 2019 · No. S-17-1123

Summary

The Nebraska Supreme Court accepted Craig A. Hoffman’s voluntary surrender of his law license under the Nebraska attorney disciplinary rules. The court entered an immediate judgment of disbarment based on his knowing decision not to contest allegations involving his client trust account and directed him to comply with applicable post-disbarment requirements and pay assessed costs.

Court
Supreme Court of Nebraska
Writing for the Court
Per Curiam; Heavican, C.J.; Miller-Lerman, J.; Cassel, J.; Stacy, J.; Funke, J.; Papik, J.; Freudenberg, J.
Jurisdiction
Nebraska
Decision date
October 25, 2019
Docket number
S-17-1123
Procedural posture
Original attorney-discipline action based on the respondent's voluntary surrender of his license to practice law.
Precedential value
Published Nebraska Supreme Court opinion; precedential attorney-discipline judgment.
Parties
State of Nebraska ex rel. Counsel for Discipline of the Nebraska Supreme Court v. Craig A. Hoffman
Disposition
other

Topics

remediesadministrative law

Practice areas

attorney disciplineprofessional responsibilitylegal ethics

Questions Presented

  1. Whether the court should accept Hoffman's voluntary surrender of his license under Neb. Ct. R. § 3-315.
  2. Whether the court should enter an immediate judgment of disbarment upon that voluntary surrender.

Holdings

  1. The court held that Hoffman voluntarily surrendered his license and knowingly did not challenge or contest the allegations concerning his client trust account, thereby satisfying the requirements of Neb. Ct. R. § 3-315.
  2. The court held that Hoffman should be disbarred and ordered him disbarred from the practice of law in Nebraska, effective immediately.

Key quotations

The court accepts respondent’s voluntary surrender of his license and enters a judgment of disbarment. (304 Neb. at 323)
The court accepts respondent’s voluntary surrender of his license, finds that respondent should be disbarred, and hereby orders him disbarred from the practice of law in the State of Nebraska, effective immediately. (304 Neb. at 325)

Factual background

Craig A. Hoffman was admitted to practice law in Nebraska in 2002 and was temporarily suspended in May 2018. At the time of his voluntary surrender, five felony theft-by-deception charges were pending against him in Lancaster County Court, and the Counsel for Discipline was investigating complaints involving his client trust account. Hoffman knowingly declined to contest the allegations, waived further proceedings, and consented to immediate disbarment.

Procedural history

The Nebraska Supreme Court considered respondent Craig A. Hoffman's voluntary surrender of his law license, filed while disciplinary investigations concerning his client trust account were pending. Hoffman waived notice, appearance, hearing, and further proceedings, and consented to immediate disbarment. The court accepted the surrender and entered judgment of disbarment.

Court Document

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