State ex rel. Counsel for Dis. v. Lederer

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Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 11/18/2016 08:32 AM CST - 129 - Nebraska Supreme Court A dvance Sheets 295 Nebraska R eports STATE EX REL. COUNSEL FOR DIS. v. LEDERER Cite as 295 Neb. 129 State Nebraska ex rel. Counsel for Discipline Nebraska Supreme Court, relator, v. Douglas R. Lederer, respondent. of of the ___ N.W.2d ___ Filed November 18, 2016. No. S-16-982. Original action. Judgment of disbarment. Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, K elch, and Funke, JJ. Per Curiam. INTRODUCTION This case is before the court on the voluntary surrender of license filed by respondent, Douglas R. Lederer, on October 17, 2016. 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 April 1, 2005. On October 17, 2016, respondent filed a voluntary surrender of license in which he freely and voluntarily admitted that he had failed to create an appropriate attorney trust account and that he had deposited client advance fees into his personal checking account before earning the fees. Respondent further stated that the Counsel for Discipline was investigating respondent’s conduct and could seek disciplinary action against him. Respondent admitted that by his conduct he violated the Nebraska Court Rules - 130 - Nebraska Supreme Court A dvance Sheets 295 Nebraska R eports STATE EX REL. COUNSEL FOR DIS. v. LEDERER Cite as 295 Neb. 129 of Professional Conduct and his oath of office as an attorney, Neb. Rev. Stat. § 7-104 (Reissue 2012). 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 law, finds that respondent should be disbarred, and hereby orders him disbarred from the practice of law in the State of - 131 - Nebraska Supreme Court A dvance Sheets 295 Nebraska R eports STATE EX REL. COUNSEL FOR DIS. v. LEDERER Cite as 295 Neb. 129 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.