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08-01

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An attorney related by marriage to a county attorney may not represent criminal defendants because "Each Affected Client" must give informed consent, confirmed in writing and there is no means for the county attorney to obtain such informed consent from the state.

It is improper for an attorney associated with a part-time county attorney to represent a defendant in a criminal case involving a violation of the criminal statutes of the state of Nebraska.

An attorney leaving private practice to serve as a county attorney or deputy county attorney cannot participate in a matter in which he or she personally and substantially participated while in private practice, unless the appropriate government agency and the former client both give informed consent, confirmed in writing. This conflict is not automatically imputed to others in the county attorney's office.

A county attorney may not represent clients in family law matters involving the support of a minor child.

An attorney associated with a county attorney may represent a client in a family law action involving the support of a minor child under certain circumstances.

A county attorney or any attorney associated with a county attorney may not handle a private probate matter in the county in which the county attorney serves unless the county has made arrangements for alternate legal representation for purposes of inheritance tax determinations.

A county attorney leaving office to go into private practice cannot participate in a matter in which he or she personally and substantially participated while acting as a prosecutor, this conflict is imputed to the attorney's firm unless the firm appropriately screens the former prosecutor, and notifies the county attorney's office of the conflict.

This page was last modified on Tuesday, April 3, 2012