Every Cent

The Nebraska Supreme Court has disbarred an attorney who had misappropriated entrusted funds and failed to participate in the bar proceedings

The present charges arise from the respondent’s misappropriation of client funds. In August 2022, a client hired the respondent to represent him in a divorce proceeding in the district court for Sarpy County, Nebraska, case No. CI 22-842. In November 2022, pursuant to a stipulation with the other party in his case, the respondent’s client agreed to sell certain real estate. The net proceeds of the sale would be held in the respondent’s trust account until the division and ownership of those proceeds was determined. As agreed, $137,248.67 was deposited into the client trust account of the law firm where the respondent was employed.

On or about March 1, 2023, the respondent left the law firm and opened his own law practice. The client elected to go with the respondent to his solo practice, and consequently, the client’s files and trust account funds were transferred to the respondent. A trust account check for $137,248.67 was issued and deposited into the respondent’s trust account.

From March 14 to May 17, 2023, the respondent misappropriated all of the client’s funds without the client’s knowledge or consent.

The case is STATE EX REL. COUNSEL FOR DIS. V. MARTIN, 317 Neb. 724 (Mike Frisch)