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Nebraska Supreme Court Advance Sheets

310 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. YOUNG

Cite as 310 Neb. 18

State of Nebraska ex rel. Counsel for Discipline 

of the Nebraska Supreme Court, relator, 

v. David James Young, respondent.

___ N.W.2d ___

Filed August 20, 2021. No. S-21-471.

Original action. Judgment of disbarment.

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, David James Young, on June 9, 

2021. 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 15, 2010. On June 9, 2021, the 

respondent filed a voluntary surrender of his license to practice 

law. He stated that on January 18, 2013, he was suspended 

from the practice of law, retroactive to the date of his temporary suspension, December 14, 2011, for violations of Neb. Ct. 

R. of Prof. Cond. §§ 3-501.8 (conflict of interest), 3-501.15 

(safekeeping property), and 3-508.4 (misconduct). He has not 

been reinstated to practice law in Nebraska. The respondent 

admits that he engaged in the unauthorized practice of law 

when he agreed to represent a client on April 15, 2019. He 

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10/29/2021 01:07 AM CDT
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Nebraska Supreme Court Advance Sheets

310 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. YOUNG

Cite as 310 Neb. 18

admits that he was paid $13,000 by the client for the representation and that he held himself out as counsel for the client. He 

was convicted of the following in the district court for Douglas 

County: (1) theft by deception ($5,000 or more), (2) terroristic 

threats, and (3) theft by deception ($5,000 or more). Young 

was initially sentenced to 36 months of probation for the first 

offense, but on May 10, 2021, his probation was revoked. He 

was then sentenced to serve a period of incarceration of 18 

to 24 months for the first offense. He was sentenced to serve 

a period of incarceration of 30 to 36 months for the second 

offense. Finally, for the third offense, he was sentenced to a 

period of incarceration of 3 to 5 years. The sentences are to be 

served consecutively.

The respondent admits that his conduct has violated Neb. 

Ct. R. of Prof. Cond. §§ 3-505.5(b) (rev. 2012) (unauthorized 

practice of law) and 3-508.4(a), (b), and (c) (rev. 2016) (misconduct) and his oath of office as an attorney, Neb. Rev. Stat. 

§ 7-104 (Reissue 2012).

The respondent stated that he freely and voluntarily surrenders his privilege to practice law in the State of Nebraska; 

waives his right to notice, appearance, or hearing prior to the 

entry of an order of disbarment; and consents to the entry of 

an immediate order 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.
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Nebraska Supreme Court Advance Sheets

310 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. YOUNG

Cite as 310 Neb. 18

Pursuant to § 3-315 of the disciplinary rules, we find that the 

respondent has voluntarily surrendered his license to practice 

law and, for purposes of his license to practice law, knowingly 

does not challenge or contest the truth of the allegations made 

against him in the district court for Douglas County. 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. 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 2012) and 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 disbarment.