State ex rel. Counsel for Dis. v. Prettyman

120 	289 NEBRASKA REPORTS
State of NebraSka ex rel. C ouNSel for D iSCipliNe
of the NebraSka Supreme C ourt, relator, v.
keith a. prettymaN, reSpoNDeNt.
853 N.W.2d 856
Filed September 19, 2014. 	No. S-14-462.
Original action. Judgment of suspension.
heaviCaN, C.J., Wright, C oNNolly, mCC ormaCk, miller-
lermaN, and CaSSel, JJ.
per C uriam.
INTRODUCTION
Keith A. Prettyman, respondent, was admitted to the prac-
tice of law in the State of Nebraska on July 2, 1976. At all
relevant times, he was engaged in the private practice of law
in Lincoln, Nebraska. On May 22, 2014, the Counsel for
Discipline of the Nebraska Supreme Court filed formal charges
against respondent consisting of one count. In the one count,
it was alleged that by his conduct, respondent had 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 (compe-
tence), 3-501.3 (diligence), 3-501.4(a)(1) through (5) and (b)
(communications), and 3-508.4(a) and (c) (misconduct).
On June 30, 2014, respondent filed a conditional admission
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 conduct rules §§ 3-501.1, 3-501.3,
3-501.4(a)(1) through (5) and (b), and 3-508.4(a) and (c). In
the conditional admission, respondent knowingly chose not
to challenge or contest the truth of the matters conditionally
admitted and waived all proceedings against him in connection
therewith in exchange for a 2-year suspension.
The proposed conditional admission included a declaration
by the Counsel for Discipline, stating that respondent’s request
for a 2-year suspension is appropriate.
Upon due consideration, we approve the conditional admis-
sion and order that respondent be suspended from the practice
of law for a period of 2 years.
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
11/01/2026 04:33 AM CST

STATE EX REL. COUNSEL FOR DIS. v. PRETTYMAN 	121
Cite as 289 Neb. 120
FACTS
The formal charges state that at all times relevant to these
proceedings, respondent served as outside counsel for Swanson
Russell Associates (Swanson Russell). The one count contained
in the formal charges stem from respondent’s representation of
Swanson Russell.
In November 2009, an I-129 “Petition for Nonimmigrant
Worker” 	status 	was 	filed 	with 	the 	U.S. 	Citizenship 	and
Immigration Services by someone other than respondent on
behalf of an individual who was a citizen and national of
Indonesia (individual). The purpose of filing the I-129 petition
was to classify the individual as a nonimmigrant worker in a
specialty occupation. The petition was approved on January
13, 2010, and it provided a change of the individual’s status
to H-1B status so that the individual could work for a certain
employer in Lincoln. The individual’s H-1B status was good
until November 14, 2012. However, the individual’s initial
employer went out of business later in 2010.
In 2010, Swanson Russell wished to hire the individual.
Swanson Russell contacted respondent, who agreed to rep-
resent Swanson Russell to ensure that the individual could
legally work for Swanson Russell and maintain his correct
status as a nonimmigrant worker. Respondent had not previ-
ously handled this type of immigration matter. The formal
charges state that respondent failed to educate himself so that
he could competently handle Swanson Russell’s legal matter,
and respondent failed to consult with a lawyer of established
competence in the field.
In order for the individual to be legally employed by
Swanson Russell, a new I-129 petition needed to be filed.
Beginning in late 2010, respondent falsely informed Swanson
Russell that he had filed the I-129 petition on behalf of the
individual. Respondent’s untruthfulness regarding the filing of
the I-129 petition continued through July 2013.
In August 2013, Swanson Russell hired an immigration
attorney to determine what could be done to complete the
processing 	of 	the 	individual’s 	I-129 	petition. The 	immi-
gration attorney discovered that respondent had not timely
filed the I-129 petition and had repeatedly lied to Swanson

122 	289 NEBRASKA REPORTS
Russell about the matter. As a result of respondent’s failure
to competently handle the matter, it was necessary that the
individual return to Indonesia in order to avoid additional
legal difficulties.
The formal charges allege that respondent’s actions consti-
tute violations of his oath of office as an attorney as provided
by § 7-104 and professional conduct rules §§ 3-501.1, 3-501.3,
3-501.4(a)(1) through (5) and (b), and 3-508.4(a) and (c).
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,
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 admis-
sion, we find that respondent knowingly does not challenge
or contest the matters conditionally admitted. We further
determine that by his conduct, respondent violated conduct
rules §§ 3-501.1, 3-501.3, 3-501.4(a)(1) through (5) and
(b), and 3-508.4(a) and (c), 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

STATE EX REL. COUNSEL FOR DIS. v. PRETTYMAN 	123
Cite as 289 Neb. 120
in connection herewith. Upon due consideration, the court
approves the conditional admission and enters the orders as
indicated below.
CONCLUSION
Respondent is suspended from the practice of law for a
period of 2 years, effective immediately. Respondent shall
comply with Neb. Ct. R. § 3-316 (rev. 2014), and upon failure
to do so, he shall be subject to punishment for contempt of this
court. Respondent is also 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) and 3-323(B) of the disci-
plinary rules within 60 days after the order imposing costs and
expenses, if any, is entered by the court.
JuDgmeNt of SuSpeNSioN.
StephaN, J., not participating.