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294 Nebraska Report

STATE EX REL. COUNSEL FOR DIS. v. MOORE

Cite as 294 Neb. 283

State of Nebraska ex rel. Counsel for Disci

of the Nebraska Supreme Court, relator,

v. Laird T. Moore, respon

___ N.W.2d ___

Filed July 22, 2016. No. S-15-1177.

Original action. Judgment of suspension.

Heavican, C.J., Wright, Connolly, Miller-Lerman, 

Stacy, and Kelch,

Per Curiam

INTRODUCTION

This case is before the court on the conditional admission 

filed by Laird T. Moore, respondent, on May 26, 2016. The 

court accepts respondent’s conditional admission and orders 

that respondent be suspended from the practice of law for a 

period of 2 years followed by 2 years’ monitored probation 

upon reinstatement.

FACTS

Respondent was admitted to the practice of law in the State 

of Nebraska on May 3, 2002. At all relevant times, he was 

engaged in the private practice of law in Omaha, Nebraska.

On December 18, 2015, the Counsel for Discipline of the 

Nebraska Supreme Court filed formal charges against respondent. The formal charges consist of two counts against respondent. In the two counts, it is alleged that by his conduct, 

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

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

Nebraska Supreme Court Online Library

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

07/22/2016 09:07 AM CDT
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STATE EX REL. COUNSEL FOR DIS. v. MOORE

Cite as 294 Neb. 283

§§ 3-501.1 (competence); 3-501.3 (diligence); 3-501.4(a) and 

(b) (communications); 3-501.15(a), (c), and (d) (safekeeping 

property); 3-508.1(b) (bar admission and disciplinary matters); 

and 3-508.4(a) and (d) (misconduct).

With respect to count I, the formal charges state that on 

November 20, 2014, a client filed a grievance against respondent stating that respondent had failed to adequately represent her in her divorce case. On November 26, the Counsel 

for Discipline mailed a copy of the client’s grievance to 

respondent at his then-current business address. Respondent 

was instructed to submit a written response to the client’s 

grievance, but he did not.

On January 15, 2015, the Counsel for Discipline sent a 

followup letter to respondent directing him to submit a written response to the client’s grievance. Respondent did not 

respond to the January 15 letter. On February 4, the Counsel 

for Discipline sent another followup letter to respondent. On 

February 13, respondent called the Counsel for Discipline 

and stated that he would submit his response to the client’s 

grievance on February 17. On February 18, the Counsel for 

Discipline received respondent’s initial response to the client’s grievance.

A copy of respondent’s response was mailed to the client, 

who submitted her reply on March 13, 2015. In her response, 

the client stated that respondent was not prepared for her trial, 

he had not contacted witnesses, and he had failed to deliver her 

file to her new attorney despite repeated requests. The client 

further stated in her response that respondent failed to provide 

an accounting of his time to justify the fee she paid him.

On July 10, 2015, the Counsel for Discipline sent a letter to 

respondent asking for specific information regarding respondent’s representation of the client. In addition, the Counsel for 

Discipline requested that respondent provide evidence that he 

had deposited the client’s $1,450 advance fee payment into his 

trust account. The letter was mailed to respondent’s personal 

residence, and it was also sent to his current e-mail address. 
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294 Nebraska Report

STATE EX REL. COUNSEL FOR DIS. v. MOORE

Cite as 294 Neb. 283

The formal charges state that as of December 17, respondent 

had not yet responded to the July 10 letter.

The formal charges allege that by his actions with respect to 

count I, respondent violated his oath of office as an attorney 

and professional conduct rules §§ 3-501.1; 3-501.3; 3-501.4(a) 

and (b); 3-501.15(a), (c), and (d); 3-508.1(b); and 3-508.4(a) 

and (d).

With respect to count II, the formal charges state that on 

January 17, 2011, a second client and her son signed fee agreements with respondent to represent their interests arising from 

a traffic collision. On March 2, 2015, the second client filed 

a grievance against respondent stating that respondent had 

neglected her case and had failed to communicate with her.

On March 5, 2015, the Counsel for Discipline sent respondent a copy of the second client’s grievance. Respondent was 

directed to file a response within 15 working days. The March 

5 letter was mailed to respondent by certified mail at his office 

address maintained by respondent with the Attorney Services 

Division of the Nebraska Supreme Court. The certified letter 

was received at respondent’s address on March 9. Respondent 

did not respond to the March 5 letter.

On June 10, 2015, the Counsel for Discipline mailed a 

follow-up letter to respondent. On June 18, the letter was 

returned to the Counsel for Discipline as undeliverable.

On July 10, 2015, the Counsel for Discipline sent a copy 

of its June 10 letter to respondent at his e-mail address. The 

formal charges state that as of December 17, respondent had 

not responded to the letter or otherwise contacted the Counsel 

for Discipline.

The formal charges allege that by his actions with respect to 

count II, respondent violated his oath of office as an attorney 

and professional conduct rules §§ 3-501.1, 3-501.3, 3-501.4(a) 

and (b), 3-508.1(b), and 3-508.4(a) and (d).

On February 29, 2016, respondent filed an answer to the 

formal charges. By his denials in his answer, respondent raised 

issues of fact, and accordingly, a referee was appointed.
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294 Nebraska Report

STATE EX REL. COUNSEL FOR DIS. v. MOORE

Cite as 294 Neb. 283

On May 26, 2016, 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 professional conduct rules 

§§ 3-501.1; § 3-501.3; 3-501.4(a) and (b); 3-501.15(a), (c), 

and (d); 3-508.1(b); and 3-508.4(a) and (d). In the conditional 

admission, respondent knowingly does not challenge or contest 

the truth of the matters conditionally asserted and waived all 

proceedings against him in connection therewith in exchange 

for a 2-year suspension followed by 2 years’ monitored probation. Upon reinstatement, if accepted, the monitoring shall be 

by an attorney licensed to practice law in the State of Nebraska 

and who shall be approved of by the Counsel for Discipline. 

Respondent shall submit a monitoring plan with his application for reinstatement which shall include, but not be limited 

to, the following: During the first 6 months of probation, 

respondent will meet with and provide the monitor a weekly 

list of cases for which respondent is currently responsible, 

which list shall include the date the attorney-client relationship began; the general type of case; the date of last contact 

with the client; the last type and date of work completed on 

the file (pleading, correspondence, document preparation, discovery, or court hearing); the next type of work and date that 

work should be completed on the case; any applicable statutes 

of limitations and their dates; and the financial terms of the 

relationship (hourly, contingency, et cetera). After the first 6 

months through the end of probation, respondent shall meet 

with the monitor on a monthly basis and provide the monitor 

with a list containing the same information as set forth above. 

Respondent shall work with the monitor to develop and implement appropriate office procedures to ensure that the clients’ 

interests are protected. Respondent shall reconcile his trust 

account within 10 working days of receipt of the monthly 

bank statement and provide the monitor with a copy within 

5 working days. Respondent shall submit a quarterly compliance report to the Counsel for Discipline, demonstrating that 
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STATE EX REL. COUNSEL FOR DIS. v. MOORE

Cite as 294 Neb. 283

respondent is adhering to the foregoing terms of probation. 

The quarterly report shall include a certification by the monitor 

that the monitor has reviewed the report and that respondent 

continues to abide by the terms of probation. If at any time the 

monitor believes respondent has violated the professional conduct rules or has failed to comply with the terms of probation, 

the monitor shall report the same to the Counsel for Discipline. 

Finally, respondent shall pay all the costs in this case, including the fees and expenses of the monitor, if any.

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 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.
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294 Nebraska Report

STATE EX REL. COUNSEL FOR DIS. v. MOORE

Cite as 294 Neb. 283

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 

§§ 3-501.1; § 3-501.3; 3-501.4(a) and (b); 3-501.15(a), (c), and 

(d); 3-508.1(b); and 3-508.4(a) and (d) 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 suspended from the practice of law for a 

period of 2 years, effective immediately, after which period 

respondent may apply for reinstatement to the bar. Should 

respondent apply for reinstatement, his reinstatement shall be 

conditioned upon respondent’s being on probation for a period 

of 2 years, including monitoring, following reinstatement, subject to the terms agreed to by respondent in the conditional 

admission and outlined above. Acceptance of an application 

for reinstatement is conditioned on the application’s being 

accompanied by a proposed monitored probation plan, the 

terms of which are consistent with this opinion. Respondent 

shall comply with Neb. Ct. R. § 3-316 (rev. 2014), and upon 

failure to do so, respondent 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) (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 suspensi