State ex rel. Counsel for Dis. v. Ubbinga, 295 Neb. 995

Background

Lori Anne Ubbinga, admitted 2001, was the respondent in disciplinary proceedings after a client grievance about neglected child-visitation representation and unreturned fees/files.
Formal charges (filed Apr 11, 2016) alleged violations of various Nebraska Rules of Professional Conduct (competence, diligence, communication, safekeeping property, declining/terminating representation, bar admission/disciplinary matters, and misconduct) and violation of the attorney oath.
Respondent answered but repeatedly failed to communicate promptly with relator and the referee, missed the disciplinary hearing due to illness and did not submit written materials or appear thereafter.
The referee held a hearing in respondent’s absence, received evidence (32 exhibits and one witness), found multiple rule violations and false statements, and recommended a 1-year suspension plus 2 years monitored probation upon reinstatement.
Neither party filed exceptions to the referee’s report; the Nebraska Supreme Court treated the referee’s findings as final, granted relator’s motion for judgment on the pleadings, and imposed the recommended discipline with detailed monitoring requirements.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether respondent’s conduct violated the Nebraska Rules of Professional Conduct and oath	Counsel for Discipline: respondent neglected client matters, misrepresented actions, failed to communicate, failed to deliver file/accounting, and obstructed disciplinary process	Ubbinga denied some factual allegations but offered limited responses and did not contest referee findings by exceptions	Court: Clear and convincing evidence supported violations of listed rules and the attorney oath; findings conclusive where no exceptions filed
Whether referee’s findings could be adopted absent exceptions	Relator: no exceptions makes referee’s findings final/conclusive	Respondent: no exceptions filed (no contrary argument preserved)	Court: Adopted referee’s findings as final and granted judgment on the pleadings
Appropriate sanction for the misconduct	Relator: suspension/probation consistent with misconduct and aggravators	Respondent: did not advance mitigating argument at adjudication; prior good standing and no prior discipline noted	Court: Imposed 1-year suspension, with reinstatement conditioned on 2 years monitored probation and compliance with detailed monitoring plan
Monitoring and conditions for reinstatement	Relator: monitoring required to protect public and ensure compliance	Respondent: no proposed alternative monitoring plan submitted	Court: Required monitored probation plan on reinstatement, specified reporting, trust-account reconciliation, monitor duties, and payment of costs/monitor fees

Key Cases Cited

State ex rel. Counsel for Dis. v. Boyum, 291 Neb. 696 (Nev. 2015) (referee findings may be final when no exceptions filed)
State ex rel. Counsel for Dis. v. Thebarge, 289 Neb. 356 (Neb. 2014) (disciplinary proceeding is a trial de novo on the record)
State ex rel. Counsel for Dis. v. Sundvold, 287 Neb. 818 (Neb. 2014) (disciplinary charges must be proved by clear and convincing evidence)
State ex rel. Counsel for Dis. v. Tighe, 295 Neb. 30 (Neb. 2016) (factors to consider in imposing attorney discipline)