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Nebraska Supreme Court Advance S

297 Nebraska Report

STATE EX REL. COUNSEL FOR DIS. v. FITCH

Cite as 297 Neb. 705

State of Nebraska ex rel. Counsel for Disci

of the Nebraska Supreme Court, relator,

v. Thomas A. Fitch, respo

___ N.W.2d ___

Filed September 8, 2017. No. S-16-1164.

Original action. Judgment of public reprimand.

Heavican, C.J., Wright, Miller‐Lerman, Cassel,

Kelch, and Funke,

Per Curiam

INTRODUCTION

This case is before the court on the conditional admission 

filed by Thomas A. Fitch, respondent, on June 7, 2017. 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 April 29, 1992. At all relevant times, he was 

engaged in the practice of law in South Sioux City, Nebraska.

On June 6, 2017, the Counsel for Discipline of the Nebraska 

Supreme Court filed amended formal charges against respondent. The amended formal charges consist of one count against 

respondent arising from his conduct in connection with the 

business of his client in which respondent was a participant. 

The formal charges state that on September 26, 2007, Doug 

Peterson met with respondent at respondent’s office to review 

and notarize documents with regard to Peterson’s agreement 

Nebraska Supreme Court Online Library

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Nebraska Supreme Court Advance S

297 Nebraska Report

STATE EX REL. COUNSEL FOR DIS. v. FITCH

Cite as 297 Neb. 705

to purchase real property in Dixon County, Nebraska. An 

abandoned gravel pit was located on the property, and it 

was Peterson’s intent to reopen the gravel pit as an ongoing 

sand and gravel mining operation. Prior to September 26, 

respondent had represented Peterson on several matters. During 

their September 26 meeting, Peterson informed respondent 

that he was looking for ways to finance his nascent sand and 

gravel business.

Following the meeting, respondent invested in Peterson’s 

sand and gravel business, and brought in a longtime friend as 

an investor. On February 12, 2008, “Peterson Sand & Gravel, 

LLC” (LLC) was formed. Respondent prepared all documents 

for the formation of the LLC. Respondent was one of four 

members of the LLC.

Initially, Peterson was elected as the manager of the company to manage the daily affairs of the company. Peterson 

was elected as president of the LLC, and respondent was 

elected as the secretary and treasurer. Eventually, Peterson 

resigned as president of the LLC because of concerns that 

his prior personal bankruptcy and current financial status 

might jeopardize the LLC’s ability to obtain a Small Business 

Administration loan. On March 21, 2009, all members of the 

LLC accepted the resignation of Peterson regarding his membership in the LLC and all offices he held. Peterson continued 

to serve as the daily operations manager of the LLC through 

December 2013.

Despite his previous resignation as president of the LLC, 

Peterson signed as president of the LLC in a series of six 

promissory notes and commercial debt modification agreements with a bank in South Sioux City. Respondent also signed 

each of the loan documents as secretary/treasurer of the LLC. 

At the time the loan documents were inaccurately signed by 

Peterson as president and by respondent as secretary/treasurer, 

respondent knew that Peterson no longer served as president of 

the LLC. However, respondent failed to inform the bank that 

Peterson was no longer president of the LLC.
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Nebraska Supreme Court Advance S

297 Nebraska Report

STATE EX REL. COUNSEL FOR DIS. v. FITCH

Cite as 297 Neb. 705

The amended formal charges allege that by his omissions, 

respondent violated his oath of office as an attorney, Neb. 

Rev. Stat. § 7-104 (Reissue 2012), and Neb. Ct. R. of Prof. 

Cond. §§ 3-501.3 (diligence), 3-501.8 (conflict of interest), and 

3-508.4 (misconduct).

On June 7, 2017, respondent filed a conditional admission 

pursuant to Neb. Ct. R. § 3-313(B) of the disciplinary rules, 

in which he conditionally admitted that he violated his oath of 

office as an attorney and professional conduct rules §§ 3-501.3, 

3-501.8, and 3-508.4. In the conditional admission, respondent 

knowingly does not challenge or contest the truth of the matters conditionally asserted and waives all proceedings against 

him in exchange for a public reprimand.

The proposed conditional admission included a declaration by the Counsel for Discipline, stating that respondent’s 

proposed discipline is appropriate and consistent with sanctions imposed in other disciplinary cases with similar acts of 

misconduct.

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 
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Nebraska Supreme Court Advance S

297 Nebraska Report

STATE EX REL. COUNSEL FOR DIS. v. FITCH

Cite as 297 Neb. 705

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 respondent knowingly does not challenge or 

contest the matters conditionally admitted. We further determine that by his conduct, respondent violated conduct rules 

§§ 3-501.3, 3-501.8, 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 reprima