State ex rel. Counsel for Dis. v. Garrison
296 Neb. 550
| Neb. | 2017Background
- Dustin A. Garrison, admitted 2008, practiced in Beatrice, Nebraska; formal charges filed Aug 24, 2016 by Counsel for Discipline.
- Client injured Aug 2008 by vehicle driven by Devin Witt; police report listed SERCO, Inc. (Borger, Texas).
- Original attorney suspended in 2009; Garrison took over without a written engagement agreement.
- Garrison sued a different entity, Serco, Inc. (New Jersey), obtained a default judgment in 2013, then initiated garnishment; Serco (NJ) disputed any relation to the Texas entity and appealed.
- The Nebraska Supreme Court reversed and remanded to vacate the default judgment (Carrel v. Serco Inc.). Service later perfected on the Texas SERCO and Witt by new counsel; claims ultimately dismissed.
- Client communications (Facebook) show repeated questions about case status and fee terms; formal charges alleged failures of competence, diligence, communication, fee handling, and misconduct. Garrison filed a conditional admission admitting violations and agreed to discipline: 90-day suspension then one year monitored probation upon reinstatement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Garrison provided competent representation (Rule 3-501.1) | Counsel for Discipline: Garrison sued the wrong corporate entity, failed to verify identity/relationships, resulting in vacated judgment and client harm. | Garrison admitted the facts and did not contest competency violations under his conditional admission. | Court found violations of competence rule and approved discipline. |
| Whether Garrison failed to act with diligence (Rule 3-501.3) | Discipline: Delay, inadequate case management, and failure to protect client interests. | Garrison conceded by conditional admission. | Court sustained violation of diligence rule. |
| Whether Garrison failed to communicate adequately and explain case status/fees (Rules 3-501.4(a),(b); 3-501.5(b),(c)) | Discipline: Repeated inadequate responses to client inquiries and no engagement agreement; unclear fee arrangements. | Garrison admitted the communications and fee deficiencies. | Court found violations of communication and fee rules. |
| Whether respondent engaged in misconduct warranting discipline and appropriate sanction (Rule 3-508.4(a); oath) | Discipline: Pattern of professional failings justified suspension plus monitored probation. | Garrison negotiated and submitted a conditional admission proposing 90-day suspension and 1 year monitored probation. | Court approved the conditional admission and imposed a 90-day suspension, followed by 1 year monitored probation upon reinstatement, with monitoring terms and cost obligations. |
Key Cases Cited
- Carrel v. Serco Inc., 291 Neb. 61, 864 N.W.2d 236 (Neb. 2015) (reversed district court and directed vacatur of default judgment against Serco)