State ex rel. Counsel for Discipline v. Robak

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State ex rel. Counsel for Discipline v. Robak

Case Number
S-18-0165
Call Date
October 30, 2018
Case Location
Lincoln
Case Summary

S-18-0165 State ex rel. Counsel for Discipline v. Frank E. Robak, Sr.

Nebraska Supreme Court

Attorneys: Julie L. Agena (Assistant Counsel for Discipline)

Civil: Nebraska Rules of Professional Conduct

Proceedings below: The Relator alleges that on multiple occasions the Respondent violated his oath of office and (1) failed to provide competent and diligent representation to his client when he failed to advance his client’s civil action and failed to communicate regularly with his client; (2) failed to timely respond to a demand for information from the Counsel for Discipline; and (30 violated the Ruled of Professional Conduct and engaged in conduct that is prejudicial to the administration of justice. Respondent failed to respond to inquiries from the Counsel for Discipline in a timely manner and failed to file a timely Answer to the Formal charges.

Issues: Because the Respondent failed to file a timely Answer raising any issue of law or material fact, the Relator filed a Motion for Judgment on the Pleadings, which the Court granted, limited to the facts. The Court may find by clear and convincing evidence that the Respondent violated his oath of office as an attorney and Nebraska Rules of Professional Conduct §§ 3-501.1, 3-501.3, 3-508.1(b), and 3-508.4(a)(d) and the only issue to be determined is the appropriate sanction.