Lawyer falsely claimed he was checking on ward who was no longer at facility, suspension order says
An Omaha, Nebraska, lawyer has received a one-year suspension for claiming in guardianship reports that he was checking on an incapacitated adult who, it turned out, had moved out of an assisted living facility without his knowledge.
The Nebraska Supreme Court suspended Rodney Halstead in a Nov. 3 order (PDF), the Legal Profession Blog and the Omaha World-Herald report.
Halstead was appointed guardian of the incapacitated adult in 2009. He falsely claimed to be checking on the ward in annual reports filed for the next six years, according to the opinion.
In 2010 and 2011, Halstead wrote he had seen the ward about once a month and checked more often via phone. The next three years he wrote that he has kept updated “mostly by telephone,” and in 2015 he wrote “updated by telephone.”
The ward has moved from the assisted living facility in 2011. Halstead learned of the move after a court-appointed visitor found the ward at another address and reported Halstead to the court.
He said in written arguments that he had assumed the assisted living facility would keep him updated on changes, according to the World-Herald.
Halstead admitted to the allegations in the ethics complaint and cooperated in the disciplinary investigation. He had no prior disciplinary issues, had an extensive community service record and was sincerely remorseful, according to the court. “But the duty of candor to the tribunal lies at the heart of an attorney’s role as an officer of the court. And this was no slip of the tongue,” the Nebraska opinion said.
The court determined that Halstead should be suspended for one year, and he should complete continuing legal education credits in legal ethics and office management.
Halstead didn’t immediately respond to the ABA Journal’s request for comment.
Typo in penultimate paragraph corrected at 10:40 a.m.
