State ex rel. Counsel for Dis. v. Gast
298 Neb. 203
| Neb. | 2017Background
- William E. Gast, admitted 1973, faced formal charges for (1) unauthorized practice of law while administratively suspended (June 30, 2015–Jan 22, 2016) and (2) filing frivolous pleadings in long‑running Florida v. Countrywide Truck litigation.
- Gast continued to represent Connie Surber during his 2015 suspension, failed to notify the client, the court, or opposing counsel, and later admitted representation only after opposing counsel threatened to report him.
- Gast previously was disciplined in a separate matter for improper communications with a judge in the Countrywide litigation; that prior suspension and sanctions were considered by the court here.
- Relator served investigation letters and formal charges; Gast largely failed to respond to requests, did not answer the formal charges, and did not brief sanctions after the court granted judgment on the pleadings.
- The district court had found several filings in the Countrywide litigation frivolous and imposed a $15,000 sanction personally on Gast; the Nebraska Supreme Court affirmed that sanction on appeal.
- The Nebraska Supreme Court granted Relator’s motion for judgment on the pleadings (facts deemed admitted) and imposed an indefinite suspension of at least one year, to run consecutively to a prior suspension, conditioned on proof of fitness for reinstatement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unauthorized practice while administratively suspended | Gast practiced during suspension, failed to withdraw or notify client/court — rules violated | Gast previously blamed depression/financial hardship from litigation and claimed he notified clients | Court held admitted facts show unauthorized practice; sanction appropriate given pattern and prior discipline |
| Filing frivolous pleadings in Countrywide litigation | Gast filed meritless motions (recusal, others); district court found filings frivolous and sanctioned him | Gast did not contest factual basis here; no mitigating factual response | Court accepted finding of frivolous filings as part of misconduct record and an aggravating factor |
| Failure to cooperate with Counsel for Discipline | Relator sought records and responses; Gast ignored certified letters, emails, and court orders to show cause | Gast provided minimal self‑report only after threat; otherwise did not participate | Court held failure to respond aggravated misconduct and undermined mitigation; lack of cooperation justified stronger sanction |
| Appropriate discipline | Relator recommended indefinite suspension minimum 1 year, conditioned reinstatement showing fitness | Gast offered no post‑pleadings defense or mitigation (had asserted hardship earlier in prior proceedings) | Court adopted Relator’s recommendation: indefinite suspension of at least 1 year, consecutive to prior suspension; costs to be paid and mandated showing under oath for reinstatement |
Key Cases Cited
- State ex rel. Counsel for Dis. v. Gast, 296 Neb. 687 (2017) (prior disciplinary decision regarding Gast used as aggravating precedent)
- State of Florida v. Countrywide Truck Ins. Agency, 294 Neb. 400 (2016) (appellate decision affirming district court sanction for frivolous filings)
- State ex rel. Counsel for Dis. v. Tonderum, 286 Neb. 942 (2013) (disciplinary proceedings are de novo on the record)
- State ex rel. Counsel for Dis. v. Carbullido, 278 Neb. 721 (2009) (cumulative misconduct may warrant severe sanctions including disbarment)
- State ex rel. Counsel for Dis. v. Tighe, 295 Neb. 30 (2016) (failure to timely respond to discipline inquiries reflects disrespect for disciplinary jurisdiction)