State ex rel. Counsel for Dis. v. Garrison
296 Neb. 550
Neb.2017Background
- Respondent Dustin A. Garrison (admitted 2008) took over a Nebraska client's personal-injury case originally against a Texas-registered vehicle and driver.
- Garrison filed suit against and obtained a default judgment (Oct. 2013) against a New Jersey corporation styled “Serco, Inc.” that disavowed any relation to the Texas entity and denied employing the driver.
- The client repeatedly asked about case status via Facebook; Garrison’s responses were terse, incomplete, and failed to explain case developments adequately.
- The Nebraska Supreme Court reversed and vacated the default judgment on appeal in Carrel v. Serco Inc., 291 Neb. 61, 864 N.W.2d 236 (2015); new counsel later refiled against the correct Texas entity and the claims were dismissed.
- Counsel for Discipline charged Garrison with violations of his oath and multiple professional-conduct rules (competence, diligence, communication, fee issues, misconduct).
- Garrison filed a conditional admission admitting the violations, acknowledged prior private reprimands, and agreed to a stipulated sanction: 90-day suspension followed by 1 year of monitored probation upon reinstatement, with detailed monitoring requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Competence & case management (Rule 3-501.1) | Garrison sued the wrong corporate entity, pursued and enforced a defective default judgment, showing lack of competence. | Garrison conditionally admitted the alleged conduct and did not contest the facts. | Court found violations of competence rules and accepted the conditional admission. |
| Diligence (Rule 3-501.3) | Garrison failed to diligently prosecute and protect client interests (improper service, wrong defendant, case collapse on appeal). | Garrison waived contest via conditional admission. | Court concluded respondent violated diligence rule. |
| Communication & client information (Rules 3-501.4(a),(b)) | Garrison provided inadequate explanations and evasive answers to client inquiries over years. | Garrison admitted the communication failures. | Court found communication rule violations. |
| Fees/misconduct & sanction (Rules 3-501.5, 3-508.4; oath) | Counsel for Discipline sought appropriate discipline given prior reprimands and the misconduct. | Garrison proposed and accepted a stipulated sanction (90-day suspension + 1-year monitored probation with detailed monitoring plan). | Court approved the conditional admission and imposed the agreed sanction and monitoring conditions; respondent must pay costs. |
Key Cases Cited
- Carrel v. Serco Inc., 291 Neb. 61 (Neb. 2015) (appellate reversal directing vacation of default judgment against Serco)
