State ex rel. Counsel for Dis. v. Garrison, 296 Neb. 550

Dustin A. Garrison, admitted 2008, represented a client injured in Aug. 2008 after another firm partner (the originally retained attorney) was suspended; no written engagement agreement was executed.
Garrison sued a corporation styled “Serco, Inc.” and the driver, serving what turned out to be a New Jersey Serco via its registered agent in Nebraska, obtained a default judgment in 2013, and later initiated garnishment.
The entity served disavowed any relation to the Texas SERCO identified in the police report and denied employing the driver; Nebraska Supreme Court later reversed the default judgment on appeal.
Throughout the representation, Garrison communicated inadequately with the client (dismissive Facebook replies) and negotiated a contingency fee (33%) without adequate documentation or explanation.
Counsel for Discipline charged Garrison with violations of competency, diligence, communication, fee rules, misconduct, and his attorney oath; Garrison submitted a conditional admission admitting the charged violations and prior private reprimands.
The court accepted the conditional admission and ordered a 90-day suspension followed by 1 year of monitored probation upon reinstatement, with detailed monitoring and reporting requirements and payment of costs.

Issue	Plaintiff's Argument (Counsel for Discipline)	Defendant's Argument (Garrison)	Held
Competence (Rule 3-501.1) — adequacy of representation	Garrison prosecuted suit against wrong corporate entity and failed to ensure correct defendant/venue.	Conditionally admitted misconduct; no contested defense.	Violated rule; admission accepted.
Diligence (Rule 3-501.3) — prosecuting client’s claim	Failed to diligently investigate, effectuate proper service, and follow through after appeal consequences.	Conditionally admitted; no contest.	Violated rule; admission accepted.
Communication (Rule 3-501.4[a],[b]) — client updates/explanations	Garrison repeatedly gave inadequate, dismissive responses and failed to explain case status/decisions.	Conditionally admitted.	Violated rule; admission accepted.
Fees (Rule 3-501.5[b],[c]) — fee agreement/documentation	Charged contingency without proper engagement/clear explanation.	Conditionally admitted.	Violated rule; admission accepted.
Misconduct (Rule 3-508.4[a]) & oath violation	Conduct amounted to professional misconduct and breach of oath.	Conditionally admitted; proposed discipline negotiated.	Violated rule and oath; court approved stipulated discipline (90-day suspension + 1 year monitored probation).

Carrel v. Serco Inc., 291 Neb. 61 (2015) (Nebraska Supreme Court reversed district court and directed vacation of default judgment obtained against Serco)