PER CURIAM.
The Counsel for Discipline filed formal charges against David M. Walocha, accusing him of practicing law for over a decade on a suspended license. The Counsel for Discipline asks that we disbar Walocha. Because we conclude that no other sanction adequately disciplines Walocha for his years of violations, we disbar him.
All we have before us are the formal charges filed by the Counsel for Discipline and Walocha's admissions to them. Walocha has admitted all of the formal charges that the Counsel for Discipline has alleged against him. The Counsel for Discipline moved for judgment on the pleadings.
Nevertheless, beginning in 1998 and continuing through 2011, Walocha engaged in the practice of law. He entered appearances in at least 65 criminal cases in Douglas County, Nebraska. At least one of these cases involved felony charges. He provided legal advice and charged his clients fees for his appearances. Further, in pleadings he filed, he represented himself to be a licensed attorney—which was not true.
A proceeding to discipline an attorney is a trial de novo on the record.
The basic issues in a disciplinary proceeding against an attorney are whether we should impose discipline and, if so, the appropriate discipline under the circumstances.
In imposing attorney discipline, we evaluate each case in light of its particular facts and circumstances.
When determining appropriate discipline, we consider aggravating and mitigating factors.
As mentioned, Walocha's misconduct spans over a decade. In fact, his violations occurred under two separate codes of ethics. His violations before September 1, 2005, constituted violations of his oath of office as an attorney; Neb.Rev. Stat. § 7-101 (Reissue 2007), which is a statute imposing a criminal sanction for the unauthorized practice of law; and the following provisions of the Code of Professional Responsibility: Canon 1, DR 1-102 (attorney misconduct), Canon 3, DR 3-101 (unauthorized practice of law), and Canon 7, DR 7-102.
His violations after September 1, 2005, again constituted violations of his oath of office; § 7-101; and certain provisions of the Nebraska Rules of Professional Conduct
The only allegations the Counsel for Discipline alleges against Walocha are that he practiced law during suspension. As mentioned, an important part of determining what discipline to impose is to consider the discipline we have imposed in similar circumstances. We generally, but not always, disbar attorneys who continue to practice law despite their suspensions.
Nonetheless, we do not think the differences between this case and our earlier cases are sufficient to lead to a different result. Walocha's (at least) 65 instances of misconduct spanned over a decade. Every pleading, every court appearance, every meeting with a client constituted a separate act of dishonesty. He continuously lied to clients, to other attorneys, and to courts. " `Cumulative acts of misconduct can, and often do, lead to disbarment.' "
Under Neb. Ct. R. § 3-304, we may impose the following sanctions for misconduct: disbarment, suspension, probation, or censure and reprimand. We conclude that of these possible sanctions, disbarment is the only sanction that reflects the seriousness of Walocha's deceitful misconduct.
Given the quantity of serious violations, a censure, reprimand, or suspension is inadequate discipline. Walocha's license has been suspended since June 1996, which, at this point, is almost 16 years ago. If we were to continue to suspend his license, we would be returning Walocha to the status quo, which is really no sanction at all. Further, suspending Walocha was not enough to keep him from engaging in misconduct and putting the interests of his clients at risk in the past. We see no reason to assume that this has changed. Our attorney disciplinary system is, in large part, based on self-reporting and honesty. Walocha's conduct made a mockery of such concepts.
Accordingly, no sanction less than disbarment adequately reflects the seriousness of Walocha's misconduct. Walocha willfully flew under the radar for over a decade. We conclude that disbarment is the appropriate sanction for Walocha's transgressions. Walocha shall comply with all the terms of Neb. Ct. R. § 3-316, and upon failure to do so, shall be subject to punishment for contempt of this court. Further, Walocha is ordered to pay the costs and expenses of this proceeding in accordance with Neb.Rev.Stat. §§ 7-114
JUDGMENT OF DISBARMENT.