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Nebraska Supreme Court Advance Sheets

308 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. NOWAK

Cite as 308 Neb. 249

State of Nebraska ex rel. Counsel for Discipline

of the Nebraska Supreme Court, relator, 

v. Lauren Marie Nowak, respondent.

___ N.W.2d ___

Filed January 22, 2021. No. S-20-480.

Original action. Judgment of public reprimand.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, 

Papik, and Freudenberg, JJ.

Per Curiam.

INTRODUCTION

This case is before the court on the conditional admission 

filed by Lauren Marie Nowak, the respondent, on November 

25, 2020. The court accepts the respondent’s conditional 

admission and enters an order of public reprimand and 2 years 

of probation.

FACTS

The respondent was admitted to the practice of law in the 

State of Nebraska on October 25, 2011. She is currently on 

inactive status.

On July 2, 2020, the Counsel for Discipline of the Nebraska 

Supreme Court, the relator, filed formal charges against the 

respondent. The formal charges consisted of one count against 

the respondent. Pursuant to Neb. Ct. R. § 3-302, the respondent 

is under the jurisdiction of the Committee on Inquiry of the 

Third Judicial District (Committee).

Nebraska Supreme Court Online Library

www.nebraska.gov/apps-courts-epub/

01/29/2021 09:08 AM CST
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Nebraska Supreme Court Advance Sheets

308 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. NOWAK

Cite as 308 Neb. 249

The matters alleged in the formal charges were reviewed by 

the Committee pursuant to Neb. Ct. R. § 3-309(H) (rev. 2011). 

The Committee determined that there are reasonable grounds 

for discipline of the respondent and that a public interest would 

be served by the filing of formal charges.

The formal charges generally allege violations stemming 

from the respondent’s being arrested in June 2018 and charged 

with one count of shoplifting (Class II misdemeanor) and 

one count of possession of a controlled substance (Class IV 

felony). On December 4, the respondent ultimately entered a 

plea of no contest to the amended charge of attempted possession of a controlled substance, a Class I misdemeanor. She was 

sentenced to 1 year of probation. She was granted early release 

from probation after 6 months. The formal charges also state 

that the respondent was previously convicted of a shoplifting 

charge in 2017, for which she was fined $200.

The formal charges allege that by her actions, the respondent 

violated her oath of office as an attorney licensed to practice 

law in the State of Nebraska as provided by Neb. Rev. Stat. 

§ 7-104 (Reissue 2012) and violated Neb. Ct. R. of Prof. Cond. 

§ 3-508.4(a) and (b) (misconduct).

On November 25, 2020, the respondent filed a conditional 

admission pursuant to Neb. Ct. R. § 3-313(B) of the disciplinary rules, in which she conditionally admitted that she violated her oath of office as an attorney and § 3-508.4(a) and (b) 

of the professional conduct rules. In the conditional admission, 

the respondent admits that her conduct violated the identified 

rules of professional conduct. The respondent knowingly does 

not challenge or contest the truth of the matters conditionally 

asserted and waived all proceedings against her in exchange 

for a public reprimand and probation for a period of 2 years. 

During her probationary period, the respondent states she 

shall abide by the terms of her monitoring agreement with 

the Nebraska Lawyers Assistance Program, will not violate 

any laws of the State of Nebraska and/or any ordinances 
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Nebraska Supreme Court Advance Sheets

308 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. NOWAK

Cite as 308 Neb. 249

of any jurisdiction therein, and will not violate any of the 

Nebraska Rules of Professional Conduct.

The proposed conditional admission included a declaration 

by the Counsel for Discipline, stating that the respondent’s proposed discipline is appropriate in light of the fact that the conduct did not arise out of her duties as an attorney, the conduct 

did not involve clients, and the respondent is actively working 

on the personal behaviors that led to the charges.

ANALYSIS

Section 3-313, which is a component of our rules governing 

procedures regarding attorney discipline, provides in pertinent 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 conditional admission shall include a written statement that the Respondent 

knowingly admits or knowingly does not challenge or 

contest the truth of the matter or matters 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 the respondent knowingly does not challenge or 

contest the matters conditionally admitted. We further determine that by her conduct, the respondent violated § 3-508.4(a) 

and (b) (misconduct) of the professional conduct rules and her 

oath of office as an attorney licensed to practice law in the 
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Nebraska Supreme Court Advance Sheets

308 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. NOWAK

Cite as 308 Neb. 249

State of Nebraska. The respondent has waived all additional 

proceedings against her in connection herewith. Upon due consideration, the court approves the conditional admission and 

enters the orders as indicated below.

CONCLUSION

The respondent is publicly reprimanded. Additionally, the 

respondent is to be on probation for a period of 2 years, during which time she will abide by the terms of her monitoring 

agreement with the Nebraska Lawyers Assistance Program and 

the terms outlined in her conditional admission. If the respondent applies to appear pro hac vice, she must disclose this discipline. The respondent is directed to pay costs and expenses in 

accordance with Neb. Ct. R. §§ 3-310(P) (rev. 2019) 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.