State ex rel. Nebraska State Bar Ass'n v. Bremers, 40830

• Decision Date: 05 April 1978
• Docket Number: No. 40830,40830
• Citation: 200 Neb. 481,264 N.W.2d 194
• Parties: The STATE of Nebraska ex rel. NEBRASKA STATE BAR ASSOCIATION, Relator, v. Ralph R. BREMERS, a member of the Nebraska State Bar Association, Respondent.
• Court: Nebraska Supreme Court

Page 194

264 N.W.2d 194

200 Neb. 481

The STATE of Nebraska ex rel. NEBRASKA STATE BAR ASSOCIATION, Relator, v. Ralph R. BREMERS, a member of the Nebraska State Bar Association, Respondent.

No. 40830.

Supreme Court of Nebraska.

April 5, 1978.

Syllabus by the Court

1. An attorney may be subjected to disciplinary action for conduct outside the practice of law or the representation of clients, and for which no criminal prosecution has been instituted or conviction had, even though such conduct might be found to have been illegal.

2. Violation of any of the ethical standards relating to the practice of law, or any conduct of an attorney in his professional capacity which tends to bring reproach upon the courts or the legal profession, constitute grounds for suspension or disbarment.

Paul L. Douglas, Atty. Gen., C. C. Sheldon, Asst. Atty. Gen., for relator.

Clayton H. Shrout of Shrout, Christian, Krieger, Mori & Merwald, Omaha, for respondent.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ.

PER CURIAM.

This is a disciplinary proceeding brought against Ralph R. Bremers, a practicing member of the Nebraska State Bar Association. The formal charges alleged that respondent had violated DR 1-102(A)(1), (4), (5), and (6); DR 6-101(A)(3); and DR 9-102(A) and DR 9-102(B)(1), (2), (3), and (4), of the Code of Professional Responsibility. Respondent was also charged with violating his oath as an attorney at law, and with violation of several statutory provisions dealing with administering trust funds. Following a hearing before the referee, the referee filed his report, including findings of fact and conclusions of law, and recommended disbarment.

The charges against the respondent primarily involve his conduct in connection with the guardianship estate of Amy R. Rich, and subsequently the estate of Amy R. Rich. Other estates are tangentially involved but are not directly and primarily involved here.

On August 6, 1952, Amy R. Rich was declared incompetent by the county court of Douglas County, Nebraska, and her brother, Frank C. Rich, was appointed guardian. Respondent was his attorney. Frank Rich filed annual reports as guardian until his death in 1960. At that time respondent became the successor guardian, as well as the attorney for the guardianship estate. On January 22, 1972, Amy R. Rich died. At that time respondent had not filed any reports with the county court as to his doings as guardian for any year. In response to a court order to show cause dated October 18, 1973, respondent filed a guardianship report on November 16, 1973, which purported to cover his acts and doings from December 2, 1960, to December 1, 1965. The report contained no reference to loans made, but contained one entry showing interest on loans and deposits of $316.19 for the entire reporting period. The report also showed the payment of attorney's fees and guardian's commissions and expenses to respondent in the sum of $1,902.14. No application had been made to the court for an order authorizing investments of any of the guardianship funds in loans, and no application had been made to the court fixing or authorizing the payment of fees or commissions.

On November 27, 1973, respondent filed a report purporting to be of his acts and doings from December 2, 1965, to January 23, 1972. A lump sum item in that report showed interest and dividends on investments of $6,848.53, and one other item showed the payment of guardian's commissions and attorney's fees and expenses of $12,095.50. Loans had been made and fees paid without authorization or court approval. Subsequent corrected and inconsistent reports were filed, the final one on December 28, 1973.

Meanwhile respondent was appointed as the administrator C. T. A. of the estate of Amy R. Rich on April 25, 1972, and letters of administration were issued to him. On January 2, 1974, the county court entered an order finding respondent unsuitable to discharge his trust as administrator and removing him from that office. The court appointed a successor administrator and ordered respondent to produce all his records on January 10, 1974. No accounting of any kind was filed in the estate prior to respondent's removal as administrator. In response to the court order the respondent filed a report on or about March 1, 1974.

Hearings were held in the county court with respect to the accountings of respondent in both the guardianship and estate proceedings. Essentially, the county court found that the respondent's reports were erroneous, incomplete, unreliable, and...