State ex rel. Counsel for Dis. v. Sipp

317 Neb. 191Neb

Testo completo

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Nebraska Supreme Court Advance Sheets
317 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. SIPP
Cite as 317 Neb. 191
State of Nebraska ex rel. Counsel for Discipline
of the Nebraska Supreme Court, relator,
v. Bradley A. Sipp, respondent.
___ N.W.3d ___
Filed July 19, 2024. 	No. S-24-146.
Original action. Judgment of disbarment.
Kent L. Frobish, Assistant Counsel for Discipline, for relator.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke,
Papik, and Freudenberg, JJ.
Per Curiam.
INTRODUCTION
This case is before the court on the voluntary surrender of
license filed by the respondent, Bradley A. Sipp, on June 25,
2024. The court accepts the respondent’s voluntary surrender
of his license and enters a judgment of disbarment.
STATEMENT OF FACTS
The respondent was admitted to the practice of law in the
State of Nebraska on September 16, 2008. At all times rel-
evant to these proceedings, the respondent was engaged in
the practice of law in Lincoln, Nebraska. Pursuant to Neb.
Ct. R. § 3-302, the respondent is under the jurisdiction of the
Committee on Inquiry of the First Judicial District.
On May 12, 2023, we temporarily suspended the respond-
ent’s license to practice law for 9 months due to allegations
that he had neglected the cases of four former clients. State ex
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
10/14/2026 08:33 AM CDT
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Nebraska Supreme Court Advance Sheets
317 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. SIPP
Cite as 317 Neb. 191
rel. Counsel for Dis. v. Sipp, 314 Neb. 208, 989 N.W.2d 712
(2023). During the time the respondent was under investiga-
tion for those charges, he engaged in the misconduct set forth
in the formal charges and summarized below. The respond-
ent’s license remains suspended.
On February 28, 2024, the Counsel for Discipline of the
Nebraska Supreme Court, the relator, filed formal charges
against the respondent. The charges consisted of 13 counts
arising from his representation of 13 separate clients and
allege that by his actions, the respondent violated his oath of
office as an attorney licensed to practice law in the State of
Nebraska, as provided by Neb. Rev. Stat. § 7-104 (Reissue
2022), and violated several provisions of the Nebraska Rules
of Professional Conduct. In each count, it was alleged that
the respondent neglected his client’s case, Neb. Ct. R. of
Prof. Cond. § 3-501.3; failed to communicate with his client,
Neb. Ct. R. of Prof. Cond. § 3-501.4; and failed to respond
to the investigation of the relator, Neb. Ct. R. of Prof. Cond.
§ 3-508.1. Counts I through V additionally alleged that the
respondent engaged in conduct that is prejudicial to the admin-
istration of justice, Neb. Ct. R. of Prof. Cond. § 3-508.4(d)
(rev. 2016). Counts III, V, VI, VIII, IX, XI, and XII of the
formal charges also alleged that the respondent failed to pro-
vide an accounting of his time to his client, Neb. Ct. R. of
Prof. Cond. § 3-501.5, and failed to return materials to the
client upon termination of the representation, Neb. Ct. R. of
Prof. Cond. § 3-501.16. Count VI alleged that the respondent
misappropriated $9,200 of his client’s funds, committed a
criminal act, and engaged in conduct involving dishonesty and
fraud, all in violation of § 3-508.4(b) and (c).
The respondent was personally served with summons and
the formal charges on March 21, 2024. The respondent failed
to file an answer to the formal charges. On April 23, the
relator filed a motion for judgment on the pleadings. The
respondent did not respond to the motion for judgment on
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Nebraska Supreme Court Advance Sheets
317 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. SIPP
Cite as 317 Neb. 191
the pleadings. On May 13, we granted the motion for judg-
ment on the pleadings as to the facts.
On June 25, 2024, the respondent filed a voluntary surrender
of his license to practice law. The respondent states that, for
purposes of this voluntary surrender, he freely and voluntarily
consents to the entry of an order of disbarment and waives
his right to notice, hearing, or appearance prior to the entry
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 connection
therewith.
Pursuant to § 3-315 of the disciplinary rules, we find that the
respondent has voluntarily surrendered his license to practice
law and knowingly does not challenge or contest the truth of
the allegations made against him. Further, the respondent has
waived all proceedings against him in connection therewith.
We further find that the respondent has consented to the entry
of an order of disbarment.
CONCLUSION
Upon due consideration, the court accepts the respondent’s
voluntary surrender of his license to practice law, finds that
the respondent should be disbarred, and hereby orders him
disbarred from the practice of law in the State of Nebraska,
effective immediately.
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Nebraska Supreme Court Advance Sheets
317 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. SIPP
Cite as 317 Neb. 191
The 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, the respondent is
directed to pay costs and expenses in accordance with Neb.
Rev. Stat. §§ 7-114 and 7-115 (Reissue 2022) and Neb. Ct.
R. §§ 3-310(P) (rev. 2023) 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 disbarment.

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