See Jorgenson, supra note 2.State ex rel. Counsel for Dis. v. Switzer , 280 Neb. 815, 790 N.W.2d 433 (2010). We note Jorgenson appeared remorseful during the hearing before the referee and displayed a hope to improve his condition.
2. State ex rel. Counsel for Dis. v. Switzer, 280 Neb. 815, 790 N.W.2d 433 (2010). 3. Id.
In determining the appropriate sanction, we consider the discipline imposed in similar circumstances. See State ex rel. Counsel for Dis. v. Switzer, 280 Neb. 815, 790 N.W.2d 433 (2010). We have previously disbarred attorneys who neglected their client's cases, failed to respond to the Counsel for Discipline, and were previously disciplined for similar conduct.
We have said that in cases involving depression as a mitigating factor, a period of mandatory suspension coupled with terms of reinstatement will often be appropriate. State ex rel. Counsel for Dis. v. Switzer, 280 Neb. 815, 790 N.W.2d 433 (2010). There is ample evidence to show that depression contributed to Miller's misconduct.
See id. See, also, State ex rel. Counsel for Dis. v. Thebarge , 289 Neb. 356, 854 N.W.2d 914 (2014) ; State ex rel. Counsel for Dis. v. Council , 289 Neb. 33, 853 N.W.2d 844 (2014) ; State ex rel. Counsel for Dis. v. Crawford , 285 Neb. 321, 827 N.W.2d 214 (2013) ; State ex rel. Counsel for Dis. v. Switzer , 280 Neb. 815, 790 N.W.2d 433 (2010) ; State ex rel. NSBA v. Howze , 260 Neb. 547, 618 N.W.2d 663 (2000) ; State ex rel. NSBA v. Malcom , 252 Neb. 263, 561 N.W.2d 237 (1997) ; State ex rel. NSBA v. Woodard , 249 Neb. 40, 541 N.W.2d 53 (1995). The burden is on the respondent to provide evidence to be considered for mitigation of the formal charges.
Accordingly, in our presentation of the facts, we draw heavily from the referee's findings of fact. State ex rel. Counsel for Dis. v. Switzer, 280 Neb. 815, 790 N.W.2d 433 (2010); Neb. Ct. R. § 3–310(L).On March 6, 2007, Blanche Thompson passed away, leaving an estate of $1.7 million.
FN12. Bouda, supra note 1. FN13. State ex rel. Counsel for Dis. v. Switzer, 280 Neb. 815, 790 N.W.2d 433 (2010). FN14. State ex rel. Counsel for Dis. v. Koenig, 264 Neb. 474, 647 N.W.2d 653 (2002).
See, e.g., Thew, supra note 5; State ex rel. Counsel for Dis. v. Coe, 271 Neb. 319, 710 N.W.2d 863 (2006); State ex rel. Counsel for Dis. v. Hart, 270 Neb. 768, 708 N.W.2d 606 (2005). See State ex rel. Counsel for Dis. v. Switzer, 280 Neb. 815, 790 N.W.2d 433 (2010). FN14. State ex rel. Counsel for Dis. v. Jones, 270 Neb. 471, 704 N.W.2d 216 (2005).
[1-4] A proceeding to discipline an attorney is a trial de novo on the record. State ex rel. Counsel for Dis. v. Switzer, 280 Neb. 815, 790 N.W.2d 433 (2010). To sustain a charge in a disciplinary proceeding against an attorney, the Counsel for Discipline must establish a charge by clear and convincing evidence.