State ex rel. Nebraska State Bar Ass'n v. Gregory, No. S-96-795

CourtSupreme Court of Nebraska
Writing for the CourtWHITE; PER CURIAM; Formal charges were filed by the Committee on Inquiry of the Second Disciplinary District of the Nebraska State Bar Association, relator, against respondent; FAHRNBRUCH
Citation251 Neb. 41,554 N.W.2d 422
Decision Date25 October 1996
Docket NumberNo. S-96-795
PartiesSTATE of Nebraska ex rel. NEBRASKA STATE BAR ASSOCIATION, Relator, v. J. David GREGORY, Respondent.

Page 422

554 N.W.2d 422
251 Neb. 41
STATE of Nebraska ex rel. NEBRASKA STATE BAR ASSOCIATION, Relator,
v.
J. David GREGORY, Respondent.
No. S-96-795.
Supreme Court of Nebraska.
Oct. 25, 1996.

Syllabus by the Court

1. Disciplinary Proceedings. To determine whether and to what extent discipline should be imposed, the following factors are considered: (1) the nature of the offense, (2) the need for deterring others, (3) the maintenance of the reputation of the bar as a whole, (4) the protection of the public, (5) the attitude of the offender generally, and (6) his or her present or future fitness to continue in the practice of law.

2. Disciplinary Proceedings. Misappropriation of client funds, as one of the most serious violations of duty an attorney owes to clients, the public, and the courts, typically warrants disbarment.

WHITE, C.J., and CAPORALE, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

PER CURIAM.

Formal charges were filed by the Committee on Inquiry of the Second Disciplinary District of the Nebraska State Bar [251 Neb. 42] Association, relator, against respondent, J. David Gregory, who was admitted to the practice of law in the State of Nebraska on April 14, 1994. The charges were filed pursuant to two separate complaints lodged against Gregory by former clients. The substance of both complaints was that Gregory continually neglected legal matters entrusted to him, failed to carry out his contract of employment for professional services, engaged in conduct involving dishonesty and misrepresentation, and misused client funds.

Both complainants testified at the April 24, 1996, hearing on this matter held before the committee. Steven F. Turner testified that he retained the services of Gregory for a variety of legal matters beginning in November 1994. Those services included the preparation of a will, preparation of documents to incorporate Turner's business, and filing an application for trademark protection. Turner paid attorney fees to Gregory for the provision of these services. However, Gregory

Page 423

failed to see each of these matters through to completion.

Turner said that as part of the preparation of his will, Gregory was to contact Turner's former lawyer in California and instruct him to destroy all copies of Turner's prior will. Gregory informed Turner that he had contacted Turner's former lawyer, when, in fact, he had not. Despite repeated assurances by Gregory that all necessary steps had been taken to properly incorporate Turner's business, Turner later discovered otherwise. Gregory failed to publish public notice of the incorporation of Turner's business, failed to secure a federal employer identification number, and failed to timely file a subchapter S election with the Internal Revenue Service, even though he assured Turner that each of those tasks had been accomplished. Gregory agreed to process a trademark application for Turner, for which Turner paid to Gregory a trademark application filing fee. Turner later discovered that his application was not filed. Gregory has not returned Turner's application filing fee. Furthermore, despite repeated requests by Turner, Gregory has...

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7 practice notes
  • Part II
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...(Md. 1984) (holding attorney neglected legal matter by failing to prosecute filed trademark application); State of Nebraska v. Gregory, 554 N.W.2d 422 (Neb. 1996) (holding attorney did not competently act or zealously represent a client by failing to file a trademark application); Office of......
  • Practice and procedure: Patent and trademark cases rules of practice; representation of others before Patent and Trademark Office,
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...(Md. 1984) (holding attorney neglected legal matter by failing to prosecute filed trademark application); State of Nebraska v. Gregory, 554 N.W.2d 422 (Neb. 1996) (holding attorney did not competently act or zealously represent a client by failing to file a trademark application); Office of......
  • State ex rel. Counsel for Dis. v. Jones, No. S-04-619
    • United States
    • Supreme Court of Nebraska
    • October 7, 2005
    ...See id. Because no mitigating circumstances were present, this court ordered Rasmussen disbarred. In State ex rel. NSBA v. Gregory, 251 Neb. 41, 554 N.W.2d 422 (1996), two complaints were filed by former clients who alleged that J. David Gregory continually neglected legal matters, failed t......
  • State ex rel. Nebraska State Bar Ass'n v. Van, No. S-95-154
    • United States
    • Supreme Court of Nebraska
    • December 6, 1996
    ...the situations in Johnson and Copple, his inaction herein compounds what transpired in Illinois. See, also, State ex rel. NSBA v. Gregory, 251 Neb. 41, 554 N.W.2d 422 Moreover, it is axiomatic that multiple acts of misconduct are distinguishable from isolated incidents and are therefore des......
  • Request a trial to view additional results
5 cases
  • State ex rel. Counsel for Dis. v. Jones, No. S-04-619
    • United States
    • Supreme Court of Nebraska
    • October 7, 2005
    ...See id. Because no mitigating circumstances were present, this court ordered Rasmussen disbarred. In State ex rel. NSBA v. Gregory, 251 Neb. 41, 554 N.W.2d 422 (1996), two complaints were filed by former clients who alleged that J. David Gregory continually neglected legal matters, failed t......
  • State ex rel. Nebraska State Bar Ass'n v. Van, No. S-95-154
    • United States
    • Supreme Court of Nebraska
    • December 6, 1996
    ...the situations in Johnson and Copple, his inaction herein compounds what transpired in Illinois. See, also, State ex rel. NSBA v. Gregory, 251 Neb. 41, 554 N.W.2d 422 Moreover, it is axiomatic that multiple acts of misconduct are distinguishable from isolated incidents and are therefore des......
  • State ex rel. Nebraska State Bar Ass'n v. Malcom, No. S-96-489
    • United States
    • Supreme Court of Nebraska
    • April 4, 1997
    ...251 Neb. 468, 558 N.W.2d 53 (1997); State ex rel. NSBA v. Van, 251 Neb. 196, 556 N.W.2d 39 (1996); State ex rel. NSBA v. Gregory, 251 Neb. 41, 554 N.W.2d 422 (1996); State ex rel. NSBA v. Ramacciotti, 250 Neb. 893, 553 N.W.2d 467 (1996); State ex rel. NSBA v. Johnson, 249 Neb. 563, 544 N.W.......
  • State ex rel. Counsel for Dis. v. Simmons, No. S-04-1442.
    • United States
    • Supreme Court of Nebraska
    • September 23, 2005
    ...260 Neb. 547, 618 N.W.2d 663 (2000); State ex rel. NSBA v. Malcom, 252 Neb. 263, 561 N.W.2d 237 (1997); State ex rel. NSBA v. Gregory, 251 Neb. 41, 554 N.W.2d 422 The referee concluded, and we agree, that there are no mitigating factors present in the instant case. We further agree with the......
  • Request a trial to view additional results

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