State ex rel. Counsel for Dis. v. Ferneau

- 563 -
291 Nebraska reports
STATE EX REL. COUNSEL FOR DIS. v. FERNEAU
Cite as 291 Neb. 563
Nebraska Supreme Court
I attest to the accuracy and integrity
of this certified document.
-- Nebraska Reporter of Decisions
state of Nebraska ex rel . C ouNsel for D isCipliNe
of the Nebraska supreme C ourt, relator , v.
thomas e. ferNeau, respoNDeNt.
867 N.W.2d 562
Filed August 7, 2015. 	No. S-15-482.
Original action. Judgment of disbarment.
heaviCaN, C.J., Wright, C oNNolly, stephaN, mCC ormaCk ,
miller-lermaN, and Cassel , JJ.
per C uriam .
INTRODUCTION
This case is before the court on the voluntary surrender of
license filed by respondent, Thomas E. Ferneau, on June 3,
2015. The court accepts respondent’s voluntary surrender of
his license and enters an order of disbarment.
STATEMENT OF FACTS
Respondent was admitted to the practice of law in the State
of Nebraska on June 27, 1972. On or about February 24, 2014,
two of respondent’s former clients filed a grievance against
respondent alleging, inter alia, that respondent had entered
into a business transaction with them without first advising
them in writing of the desirability of seeking independent
legal counsel on the transaction and failing to obtain informed
written consent from the clients regarding the transaction.
Such actions constitute a violation of Neb. Ct. R. of Prof.
Cond. § 3-501.8.
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
11/01/2026 04:30 AM CST

- 564 -
291 Nebraska reports
STATE EX REL. COUNSEL FOR DIS. v. FERNEAU
Cite as 291 Neb. 563
On June 3, 2015, respondent filed a voluntary surrender
of license, in which he stated that he does not challenge or
contest the truth of the suggested allegation that he violated
professional conduct rule § 3-501.8. Respondent further stated
that he freely and voluntarily waived his right to notice,
appearance, or hearing prior to the entry of an order of dis-
barment and consented to the entry of an immediate order
of disbarment.
ANALYSIS
Neb. Ct. R. § 3-315 of the disciplinary rules provides in
pertinent part:
(A) Once a Grievance, a Complaint, or a Formal
Charge has been filed, suggested, or indicated against a
member, the member may voluntarily surrender his or
her license.
(1) The voluntary surrender of license shall state in
writing that the member knowingly admits or knowingly
does not challenge or contest the truth of the suggested
or indicated Grievance, Complaint, or Formal Charge
and waives all proceedings against him or her in connec-
tion therewith.
Pursuant to § 3-315 of the disciplinary rules, we find that
respondent has voluntarily surrendered his license to practice
law and knowingly does not challenge or contest the truth of
the suggested allegations made against him. Further, respond-
ent has waived all proceedings against him in connection
therewith. We further find that respondent has consented to the
entry of an order of disbarment.
CONCLUSION
Upon due consideration of the court file in this matter, the
court finds that respondent has stated that he freely, know-
ingly, and voluntarily admits that he does not contest the sug-
gested allegations being made against him. The court accepts
respondent’s voluntary surrender of his license to practice

- 565 -
291 Nebraska reports
STATE EX REL. COUNSEL FOR DIS. v. FERNEAU
Cite as 291 Neb. 563
law, finds that respondent should be disbarred, and hereby
orders him disbarred from the practice of law in the State of
Nebraska, effective immediately. Respondent shall forthwith
comply with all terms of Neb. Ct. R. § 3-316 (rev. 2014) of
the disciplinary rules, and upon failure to do so, he shall be
subject to punishment for contempt of this court. Accordingly,
respondent is directed to pay costs and expenses in accordance
with Neb. Rev. Stat. §§ 7-114 and 7-115 (Reissue 2012) and
Neb. Ct. R. §§ 3-310(P) (rev. 2014) and 3-323 of the disci-
plinary rules within 60 days after an order imposing costs and
expenses, if any, is entered by the court.
JuDgmeNt of DisbarmeNt.