Summary
The Nebraska Supreme Court imposed a 45-day suspension followed by two years of monitored probation on attorney Dwaine L. Birch. The discipline arose from his neglect of seven estate proceedings and violations of professional conduct rules and his attorney oath.
Topics
Practice areas
Questions Presented
- Whether the admitted facts established by clear and convincing evidence that Birch violated Nebraska's professional-conduct rules and his attorney's oath.
- What discipline was appropriate for Birch's neglect of seven estate proceedings.
Holdings
- The undisputed facts established by clear and convincing evidence that Birch violated Neb. Ct. R. of Prof. Cond. §§ 3-501.1, 3.501.3, and 3-508.4(a) and (d), as well as his oath of office as an attorney.
- A 45-day suspension from the practice of law followed by two years of monitored probation was appropriate for Birch's neglect of seven estate proceedings.
Key quotations
“A proceeding to discipline an attorney is a trial de novo on the record.” (81)
“To sustain a charge in a disciplinary proceeding against an attorney, a charge must be established by clear and convincing evidence.” (81)
Factual background
Birch, a solo practitioner admitted to practice in Nebraska, represented clients in seven estate proceedings—six in Garfield County and one in Loup County. Although he opened the estates, he failed to advance them despite repeated notices from the courts and clerk magistrate and continued the neglect after the Counsel for Discipline advised him that formal grievances had been initiated. Birch admitted the allegations and acknowledged that he had not served his clients in a timely and professional manner.
Procedural history
The Counsel for Discipline filed seven formal charges on December 16, 2020. Birch answered on February 12, 2021, admitting the allegations, and the relator recommended a 45-day suspension followed by two years of monitored probation. Because no issue of fact or law was raised, the Nebraska Supreme Court proceeded under Neb. Ct. R. § 3-310(I) and imposed the recommended discipline.