State ex rel. Counsel for Dis. v. Martin

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294 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. MARTIN
Cite as 294 Neb. 805
Nebraska Supreme Court
I attest to the accuracy and integrity
of this certified document.
-- Nebraska Reporter of Decisions
State of Nebraska ex rel. Counsel for Discipline
of the Nebraska Supreme Court, relator,
v. Alan D. Martin, respondent.
884 N.W.2d 727
Filed September 16, 2016. 	No. S-16-740.
Original action. Judgment of public reprimand.
Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy,
Kelch, and Funke, JJ.
Per Curiam.
INTRODUCTION
This case is before the court on the conditional admission
filed by Alan D. Martin, respondent, on August 3, 2016. The
court accepts respondent’s conditional admission and enters
an order of public reprimand.
FACTS
Respondent was admitted to the practice of law in the State
of Nebraska on July 23, 2005. At all relevant times, he was
engaged in the private practice of law in Omaha, Nebraska.
On August 3, 2016, the Counsel for Discipline of the
Nebraska Supreme Court filed formal charges against respond-
ent. The formal charges consist of one count against respond-
ent. With respect to this count, the formal charges state that in
April 2012, respondent was retained by a client to legalize the
immigration status of her husband, who was an undocumented
individual. The clients agreed to pay $4,500 in attorney fees
plus filing fees. The husband client stated on intake forms for
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STATE EX REL. COUNSEL FOR DIS. v. MARTIN
Cite as 294 Neb. 805
respondent that he was “‘EWI,’” which means “entered with-
out inspection,” and “‘undocumented.’”
On April 15, 2013, respondent filed the following forms
with the Department of Homeland Security (the Department)
on behalf of the clients: I-130, “Petition for Alien Relative”;
I-485, “Application to Register Permanent Residence or Adjust
Status by Applicant”; and I-765, “Application for Employment
Authorization.” Respondent also filed form G-28, “Notice of
Entry of Appearance as Attorney or Accredited Representative.”
All the forms were signed by respondent.
According to the formal charges, in order to be eligible for
an adjustment of status pursuant to the I-485 application, “an
alien must: a. [b]e physically present in the United States;
b. [h]ave an approved immigration petition (I-130); [and]
c. [m]ust not have entered the United States illegally.”
On May 8, 2013, the Department issued a request for ini-
tial evidence of eligibility to file the I-485 application for
the husband client. The request was for evidence of lawful
admission or parole into the United States, as well as tax
returns and medical information. On July 30, respondent sub-
mitted additional information to the Department pursuant to the
Department’s request.
On August 	13, 	2013, 	form 	I-130, 	“Petition 	for Alien
Relative,” for the husband client was approved. On August 23,
the I-485 adjustment of status application was denied because
the evidence submitted was not sufficient to establish his eli-
gibility for the benefit sought. Specifically, the husband client
had failed to submit evidence of lawful admission or parole
into the United States or eligibility for an adjustment of status.
On August 23, respondent notified the clients that the I-130
form was approved and that the scope of his representation
was completed.
According to the formal charges, in a letter from respond-
ent to the Counsel for Discipline dated September 11, 2014,
respondent stated that the clients brought the I-485 form to his
office and represented that the husband client was qualified

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294 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. MARTIN
Cite as 294 Neb. 805
to file the I-485 form, that he did not know of the husband
client’s ineligibility to apply for a legal immigration status,
and that he failed to properly see and review the document
that was brought in by the husband client.
In a letter from respondent to the Counsel for Discipline
dated February 17, 2016, respondent stated that he was led to
believe that his paralegal was competent in immigration appli-
cations and that all respondent needed to do was to review
the documents and procedures for his signatures. Respondent
stated that his paralegal prepared all of the immigration
forms regarding the husband client for respondent’s review
and signature.
Respondent further stated in his February 17, 2016, let-
ter 	that 	between 	approximately August 	2007 	and 	March
2009, respondent closed his practice due to illness. When he
reopened his practice, respondent reported that he was very
weak and heavily medicated. After respondent had surgery
in July 2012, he began to regain his health and no longer
required medication.
Respondent also stated in his February 17, 2016, letter
that he relied heavily on his paralegal to facilitate intake
interviews, but that respondent made all of the decisions for
the clients, predicated in part on information provided by
his paralegal. Respondent stated in the letter that he knew
the husband client would have difficulty qualifying for an
I-485 adjustment of status, but respondent believed there were
alternative means by which an adjustment of status could
be approved.
Respondent went on to state in his February 17, 2016, let-
ter that respondent was not involved in every conversation
between his paralegal and the clients, but he claims that his
paralegal told him that the clients wanted to proceed with
the I-485 application. Respondent relied on comments by his
paralegal that other immigration lawyers often filed documents
hoping that the Department would approve the documents,
without necessarily believing it would. Respondent stated

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STATE EX REL. COUNSEL FOR DIS. v. MARTIN
Cite as 294 Neb. 805
that he could not say for certain whether the requested addi-
tional information was provided to the Department, because
respondent stated that “‘this period is hazy in my recollection
due to my medical condition.’”
Respondent stated in his February 17, 2016, letter that his
responsibility in the matter was his reliance on an experienced
paralegal’s assertion that the husband client was eligible for
an adjustment of status. Respondent stated that he signed the
forms believing what he was told by his paralegal.
The formal charges state that respondent failed to do any
independent research to determine whether the husband client
was eligible for an I-485 adjustment of status.
The formal charges allege that by his actions, respondent
violated his oath of office as an attorney, Neb. Rev. Stat.
§ 7-104 (Reissue 2012), and Neb. Ct. R. of Prof. Cond.
§§ 3-501.1 (competence); 3-501.5(a)(1), (4), and (7) (fees);
3-502.1 (advisor); and § 3-508.4(a) and (c) (misconduct).
On August 3, 2016, respondent filed a conditional admis-
sion pursuant to Neb. Ct. R. § 3-313 of the disciplinary rules,
in which he conditionally admitted that he violated his oath of
office as an attorney and professional conduct rules §§ 3-501.1,
3-501.5, 3-502.1, and 3-508.4. In the conditional admission,
respondent knowingly does not challenge or contest the truth
of the matters conditionally asserted and waived all proceed-
ings against him in connection therewith in exchange for a
public reprimand.
The proposed conditional admission included a declaration
by the Counsel for Discipline, stating that respondent’s pro-
posed discipline is appropriate under the facts of this case.
ANALYSIS
Section 3-313, which is a component of our rules governing
procedures regarding attorney discipline, provides in perti-
nent part:
(B) At any time after the Clerk has entered a Formal
Charge against a Respondent on the docket of the Court,

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STATE EX REL. COUNSEL FOR DIS. v. MARTIN
Cite as 294 Neb. 805
the Respondent may file with the Clerk a conditional
admission of the Formal Charge in exchange for a stated
form of consent judgment of discipline as to all or
part of the Formal Charge pending against him or her
as determined to be appropriate by the Counsel for
Discipline or any member appointed to prosecute on
behalf of the Counsel for Discipline; such conditional
admission is subject to approval by the Court. The con-
ditional admission shall include a written statement that
the Respondent knowingly admits or knowingly does
not challenge or contest the truth of the matter or mat-
ters conditionally admitted and waives all proceedings
against him or her in connection therewith. If a tendered
conditional admission is not finally approved as above
provided, it may not be used as evidence against the
Respondent in any way.
Pursuant to § 3-313, and given the conditional admission,
we find that respondent knowingly does not challenge or
contest the matters conditionally admitted. We further deter-
mine that by his conduct, respondent violated conduct rules
§§ 3-501.1, 3-501.5, 3-502.1, and 3-508.4, and his oath of
office as an attorney licensed to practice law in the State of
Nebraska. Respondent has waived all additional proceedings
against him in connection herewith. Upon due consideration,
the court approves the conditional admission and enters the
orders as indicated below.
CONCLUSION
Respondent is publicly reprimanded. Respondent is directed
to pay costs and expenses in accordance with Neb. Ct. R.
§§ 3-310(P) (rev. 2014) and 3-323 of the disciplinary rules
within 60 days after an order imposing costs and expenses, if
any, is entered by the court.
Judgment of public reprimand.