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

Gary R. Pearson, admitted to the Nebraska bar in 1976 and practicing in Lincoln, was charged by the Counsel for Discipline with professional misconduct arising from four matters (Wysong, Truax, Jaunzemis, and a trust-account matter).
Allegations: charging and collecting unreasonable fees in multiple estate matters; making false statements in court pleadings and to the relator (Wysong); and failing to safekeep client funds in his trust account.
The parties stipulated most facts; a referee found clear-and-convincing evidence of violations of several Nebraska Rules of Professional Conduct (competence, unreasonable fees, safekeeping funds, candor to tribunal/disciplinary body, and general misconduct) and violation of the attorney oath.
The referee found respondent had no prior discipline and offered mitigating evidence (age, military service, character letters, cooperation) but criticized his candor and tendency to minimize conduct.
The referee recommended a 1–2 year suspension; the Nebraska Supreme Court granted the relator’s motion for judgment on the pleadings and imposed an 18-month suspension, with directions to comply with reporting rules and to pay costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Pearson charged and collected unreasonable fees	Relator: fees in Wysong, Truax, Jaunzemis were unreasonable and violated Neb. Ct. R. of Prof. Cond. § 3-501.5(a)	Pearson: characterized excess as error/oversight, minimized conduct; no prior misconduct	Court: proved by clear and convincing evidence; violations sustained
Whether Pearson made false statements and lacked candor to tribunal/disciplinary body	Relator: false pleadings and misleading statements violated §§ 3-503.3(a)(1) and 3-508.1(a)	Pearson: disputed intent; again characterized conduct as careless mistakes	Court: false statements and candor violations proven
Whether Pearson failed to safekeep client funds (trust account)	Relator: respondent commingled/maintained personal funds in client trust account, violating § 3-501.15	Pearson: did not face misappropriation charge; described as trust-account mishandling	Court: respondent violated safekeeping rule
Appropriate discipline for proven violations	Relator: suspension appropriate (referee recommended 1–2 years)	Pearson: mitigation (age, veteran status, long good-standing practice, cooperation) urged leniency	Court: considered aggravating/mitigating factors and imposed an 18-month suspension; ordered compliance and costs

State ex rel. Counsel for Dis. v. Wolfe, 301 Neb. 117, 918 N.W.2d 244 (2018) (disciplinary proceedings are reviewed de novo; charges require clear-and-convincing proof and courts weigh specified factors when imposing discipline)