State ex rel. Counsel for Dis. v. Ferneau

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- 563 - Nebraska A dvance Sheets 291 Nebraska R eports STATE EX REL. COUNSEL FOR DIS. v. FERNEAU Cite as 291 Neb. 563 State of of the Nebraska ex rel. Counsel for Discipline Nebraska Supreme Court, relator, v. Thomas E. Ferneau, respondent. ___ N.W.2d ___ Filed August 7, 2015. No. S-15-482. Original action. Judgment of disbarment. Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ. Per Curiam. INTRODUCTION This case is before the court on the voluntary surrender of license filed by respondent, Thomas E. Ferneau, on June 3, 2015. The court accepts respondent’s voluntary surrender of his license and enters an order of disbarment. STATEMENT OF FACTS Respondent was admitted to the practice of law in the State of Nebraska on June 27, 1972. On or about February 24, 2014, two of respondent’s former clients filed a grievance against respondent alleging, inter alia, that respondent had entered into a business transaction with them without first advising them in writing of the desirability of seeking independent legal counsel on the transaction and failing to obtain informed written consent from the clients regarding the transaction. Such actions constitute a violation of Neb. Ct. R. of Prof. Cond. § 3-501.8. - 564 - Nebraska A dvance Sheets 291 Nebraska R eports STATE EX REL. COUNSEL FOR DIS. v. FERNEAU Cite as 291 Neb. 563 On June 3, 2015, respondent filed a voluntary surrender of license, in which he stated that he does not challenge or contest the truth of the suggested allegation that he violated professional conduct rule § 3-501.8. Respondent further stated that he freely and voluntarily waived his right to notice, appearance, or hearing prior to the entry of an order of disbarment and consented to the entry of an immediate order of disbarment. ANALYSIS Neb. Ct. R. § 3-315 of the disciplinary rules provides in pertinent part: (A) Once a Grievance, a Complaint, or a Formal Charge has been filed, suggested, or indicated against a member, the member may voluntarily surrender his or her license. (1) The voluntary surrender of license shall state in writing that the member knowingly admits or knowingly does not challenge or contest the truth of the suggested or indicated Grievance, Complaint, or Formal Charge and waives all proceedings against him or her in connection therewith. Pursuant to § 3-315 of the disciplinary rules, we find that respondent has voluntarily surrendered his license to practice law and knowingly does not challenge or contest the truth of the suggested allegations made against him. Further, respond­ ent has waived all proceedings against him in connection therewith. We further find that respondent has consented to the entry of an order of disbarment. CONCLUSION Upon due consideration of the court file in this matter, the court finds that respondent has stated that he freely, knowingly, and voluntarily admits that he does not contest the suggested allegations being made against him. The court accepts respond­nt’s voluntary surrender of his license to practice e - 565 - Nebraska A dvance Sheets 291 Nebraska R eports STATE EX REL. COUNSEL FOR DIS. v. FERNEAU Cite as 291 Neb. 563 law, finds that respondent should be disbarred, and hereby orders him disbarred from the practice of law in the State of Nebraska, effective immediately. Respondent shall forthwith comply with all terms of Neb. Ct. R. § 3-316 (rev. 2014) of the disciplinary rules, and upon failure to do so, he shall be subject to punishment for contempt of this court. Accordingly, respondent is directed to pay costs and expenses in accordance with Neb. Rev. Stat. §§ 7-114 and 7-115 (Reissue 2012) and Neb. Ct. R. §§ 3-310(P) (rev. 2014) and 3-323 of the disciplinary rules within 60 days after an order imposing costs and expenses, if any, is entered by the court. Judgment of disbarment.

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