State ex rel. Counsel for Dis. v. Pearson, 310 Neb. 256

Formal charges were filed by the Counsel for Discipline against Gary R. Pearson alleging misconduct arising from estate matters; charges were amended to four counts and a referee held a hearing.
Allegations included charging and collecting unreasonable/excessive fees in three estate matters (Wysong, Truax, Jaunzemis), making false statements in pleadings and to the relator, and improperly maintaining his client trust account.
The referee found violations of multiple Nebraska Rules of Professional Conduct: competence, unreasonable fees, safekeeping client funds, candor toward the tribunal, false statements in disciplinary matters, and general misconduct; the referee also found a violation of the attorney oath (§ 7-104).
The referee recommended suspension of Pearson’s law license for 1–2 years; Pearson had no prior discipline, offered mitigating evidence (age, military service, character letters), but the referee noted lack of candor.
The Nebraska Supreme Court granted the relator’s motion for judgment on the pleadings, affirmed the rule violations by clear and convincing evidence, and imposed an 18-month suspension plus directives to comply with court disciplinary procedures and pay costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Charging unreasonable/excessive fees in estate matters	Relator: Pearson charged and collected unreasonable fees in Wysong, Truax, and Jaunzemis matters in violation of Rule 3-501.5(a)	Pearson: Fees were errors, oversight, or reasonable under circumstances	Court: Violations proven by clear and convincing evidence; rule breaches sustained
False statements / lack of candor to tribunal and relator	Relator: Pearson made false statements in court pleadings and to the relator, violating candor and disciplinary rules	Pearson: Denied intent; characterized statements as inadvertent or minimizations	Court: False statements and failure of candor established (Rule 3-503.3 and 3-508.1(a))
Safekeeping client funds / trust account misconduct	Relator: Pearson improperly maintained client trust account, commingling or keeping personal funds in trust account (Rule 3-501.15)	Pearson: Account errors were unintentional bookkeeping mistakes	Court: Trust account violation established; misconduct under Rule 3-508.4(a)
Appropriate discipline	Relator: Suspension recommended consistent with misconduct; referee recommended 1–2 years	Pearson: Mitigation (long practice, no prior discipline, character evidence) argued for lesser sanction	Court: Considered factors and imposed an 18-month suspension, ordered compliance with disciplinary rules and payment of costs

State ex rel. Counsel for Dis. v. Wolfe, 301 Neb. 117 (2018) (disciplinary proceedings are a trial de novo on the record and charges must be proved by clear and convincing evidence)