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Nebraska Supreme Court Advance S

301 Nebraska Report

STATE EX REL. COUNSEL FOR DIS. v. LUNDSTROM

Cite as 301 Neb. 485

State of Nebraska ex rel. Counsel for Disci

of the Nebraska Supreme Court, relator, v.

Gilbert G. Lundstrom, respond

___ N.W.2d ___

Filed November 2, 2018. No. S-18-872.

Original action. Judgment of disbarment.

Heavican, C.J., Miller-Lerman, Cassel, Stac

Papik, and Freudenberg,

Per Curiam

INTRODUCTION

This case is before the court on the voluntary surrender of license filed by respondent, Gilbert G. Lundstrom, on 

September 13, 2018. The court accepts respondent’s voluntary 

surrender of his license and enters a judgment of disbarment.

STATEMENT OF FACTS

Respondent was admitted to the practice of law in the State 

of Nebraska on June 16, 1969. His license is currently inactive. On September 13, 2018, respondent filed a voluntary 

surrender of license to practice law, in which he stated that he 

had been convicted in the U.S. District Court for the District 

of Nebraska of 12 different criminal counts of fraud-related 

felony charges. According to his voluntary surrender, respondent was sentenced to 132 months’ imprisonment and ordered 

to pay restitution. Respondent indicates that the Counsel for 

Discipline could seek disciplinary action against his license 

Nebraska Supreme Court Online Library

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

11/09/2018 12:10 AM CST
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Nebraska Supreme Court Advance S

301 Nebraska Report

STATE EX REL. COUNSEL FOR DIS. v. LUNDSTROM

Cite as 301 Neb. 485

for this violation. In his voluntary surrender, respondent states 

that he freely, knowingly, 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. The Counsel for Discipline, being aware 

of respondent’s federal case, has not objected to the voluntary surrender.

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.

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

respondent has voluntarily surrendered his license to practice 

law and knowingly does not challenge or contest the truth of 

the allegations that could be made against him in connection 

with his fraud-related convictions. Further, respondent has 

waived all proceedings against him in connection therewith. 

We further find that respondent has consented to the entry of 

an order of disbarment.

CONCLUSION

Upon due consideration of the court file in this matter, the 

court finds that respondent has stated that he freely, knowingly, and voluntarily admits that he does not contest the suggested allegations being made against him. The court accepts 
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Nebraska Supreme Court Advance S

301 Nebraska Report

STATE EX REL. COUNSEL FOR DIS. v. LUNDSTROM

Cite as 301 Neb. 485

respondent’s voluntary surrender of his license to practice 

law, finds that respondent should be disbarred, and hereby 

orders him disbarred from the practice of law in the State of 

Nebraska, effective immediately. 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, 

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. 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 disbarme