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Lawyer's Advisory Committee Opinions

Membership, Authority and Procedure

The eight members of the Lawyers' Advisory Committee are attorneys appointed by the Nebraska Supreme Court. Each Supreme Court Judicial District is represented on the Committee and the chairperson and vice chairperson are selected at large.

Pursuant to Rule of Discipline 5, the Advisory Committee may render, upon the request of a Nebraska attorney, an advisory opinion or an interpretation of the 'Rules of Professional Conduct' regarding anticipatory conduct on the part of the requesting attorney. An attorney requesting an opinion from the Advisory Committee must prepare and submit a statement of the specific facts upon which the opinion is requested and a memorandum directing the attention of the Committee to the pertinent 'Rules of Professional Conduct' and relevant case authority. The chairperson of the Advisory Committee may waive this requirement in appropriate cases.

All opinions are filed with and distributed through the Counsel for Discipline. Opinions from 1968 to present are available at this site. Select the year in the drop down menu for which year you'd like to view. Please note that the Lawyer's Rules of Professional Conduct was revised effective September 1, 2005. Opinions before the revision have not necessarily been revised to fit the current Rules.

Please use the site-wide search function to search the text of the Ethics Opinions.
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# Opinion PDF Question Presented / Topic
13-05 13-05.pdf Whether an attorney employed by the federal government to defend the government in employment-related matters may represent the federal government in appeals from employees regarding scheduled furloughs which also directly affect the attorney.
13-04 13-04.pdf Does a lawyer violate rules of professional conduct if he continues to represent a criminal defendant, including consultations with his client, after learning that law enforcement authorities may have eavesdropped on previous consultations?
13-03 13-03.pdf I. Whether Neb. Ct. R. Prof. Cond. 3-501.17 of the Nebraska Rules of Professional Conduct applies when a Nebraska lawyer or law firm sells a law practice to an existing associate employee. II. Under circumstances in which Neb. Ct. R. Prof. Cond. 3-501.17 applies to the sale of a law practice to a third party, whether the selling attorney may continue to be engaged in the private practice of law...
13-02 13-02.pdf  Whether a Nebraska Lawyer who is otherwise highly trained and experienced in mediating in Nebraska and elsewhere is subject to the requirements of the Nebraska Parenting Act which would require that attorney to comply with the Parenting Act and receive additional training and certification.
13-01 13-01.pdf Whether or not a Nebraska attorney may withhold a portion of workers compensation proceeds in order to honor a “lien” on behalf of a third-party who has advanced funds to the client is dependent on an interpretation of Neb. Rev. Stat. §48-149.  However, if the withholding of proceeds does violate §48-149, a lawyer may not ethically honor the “lien.” 
12-12 12-12.pdf Which rules of professional conduct apply to a lawyer who serves as an elected part-time county attorney in one county, and at the same time serves as an appointed chair of the mental health board in another county?
12-11 12-11.pdf Whether the disclosure of certain documents generated in the course of an attorney/client representation, involving information which may be confidential and subject to the attorney/client privilege, can be disclosed by the attorney in defense of fraud allegations in a lawsuit by a third party government agency without violating the Nebraska Rules of Professional Conduct.
12-10 12-10.pdf  Whether the requesting attorney represented a former client in a matter that is “substantially related” to a lawsuit where the requesting attorney represents new clients that are suing the former client. Whether the former client’s partial waiver of the claimed conflict of interest (limited to allowing the requesting attorney to continue representation for settlement negotiations but not in the...
12-09 12-09.pdf What are the lawyer’s ethical duties to release the client’s file when the law firm has a written express consent for the firm to acquire a lien on the file to secure the lawyer’s fees or expenses?
12-08 12-08.pdf How do the conflict of interest rules apply when a lawyer represents a trustee of an express trust in a contested matter with a beneficiary of the trust?
12-07 12-07.pdf Are the guidelines provided in Nebraska Ethics Advisory Opinion No. 88-3 still applicable?What guidelines are applicable to files held by a trustee appointed pursuant to Neb. Ct. R. § 3-328?What reasonable efforts should be made to contact clients whose files do not obtain updated contact information?
12-06 12-06.pdf Whether, in a Bankruptcy Court setting, a lawyer may, or has any duty to disclose the following confidential client information to the court or other proper person:
That his client the debtor after filing for Bankruptcy became entitled to an inheritance which client should report to the court, but refuses to do so, which facts the attorney learned from the client after discharge in Bankruptcy had...
12-05 12-05.pdf May staff attorneys employed by a court communicate with a person known to be represented by another lawyer in matters the staff attorney is working on?
12-04 12-04.pdf What are the current ethical standards regarding use of testimonials in advertising by lawyers?
12-03 12-03.pdf Is it permissible for an attorney to utilize Groupon Advertising where the fee for services to be provided is shared between the attorney and the web provider?
12-02 12-02.pdf Does ethics Advisory Opinion No. 75-4 still control? How does election to the County Board affect other members of a law firm? Are there any potential remedies to disqualification which may exist? How extensive is any disqualification?
12-01 12-01.pdf A Nebraska Law Firm May Operate in Different Cities with Different Trade Names and Different Attorneys
11-06 11-06.pdf An out of state lawyer admitted in another jurisdiction can participate in an arbitration in Nebraska, if that arbitration reasonably relates to the lawyer's practice in another jurisdiction.
11-05 11-05.pdf A lawyer who is appointed guardian ad litem for a minor in a juvenile court case may not reveal information relating to her representation of the minor to a legislative committee without first asserting all nonfrivolous claims that the information requested is protected against disclosure by the attorney-client privilege.
11-04 11-04.pdf  Other attorneys in a state agency's legal department are not automatically disqualified from representing the agency in a hearing because one member of the agency's legal department is on the board of directors of a public advocacy organization that has retained counsel to represent a member of the public at the same hearing. While any conflict the attorney board member may have is not imputed...
11-03 11-03.pdf An Attorney may serve as both a prosecutor in grand jury proceedings convened pursuant to NEB. REV. STAT. SEC. 29-1401(4), and as a member of the Nebraska jail standards board, as long as there is not a concurrent conflict of interest, and as long as the attorney remains solely an advocate, and does not become a witness, nor personally vouch for any facts or opinions in the grand jury proceeding.
11-02 11-02.pdf A lawyer who is a full-time insurance agent may also practice law provided that the lawyer complies with the rules of professional conduct, that the lawyer does not actively solicit legal business from his insurance clients, that the lawyer does not advertise that he is a lawyer, and that the lawyer does not give legal advice to his life insurance customers without written informed consent from...
11-01 11-01.pdf  A.A Lawyer suspended from the practice of law may be employed or serve as a nonlawyer assistant or paralegal provided that such services are rendered under the supervision of a lawyer pursuant to NEB. CT. R. OF PROF. COND. § 3-505.3 and subject to the following limitations:(a) All work must be of a preparatory nature only and reviewed by the supervising attorney; and,(b) Any client who has...
10-06 10-06.pdf A Lawyer representing a government agency may advise the agency regarding its statutory duties or obligations relating to third parties provided the lawyer does not violate the rules with respect to confidentiality of information, conflicts of interest and the attorney's duties to former clients.
10-05 10-05.pdf  A Lawyer may represent the driver and passenger in a personal injury claim only if the passenger does not make or does not intend to make a claim against the driver or the driver's liability insurance carrier. Even if the lawyer does not intend to make a claim against the driver, the lawyer must make inquiry to determine if a conflict exists, or could arise in the future.To determine the...
10-04 10-04.pdf  An attorney may only be listed on firm letterhead and in firm advertisements as "Of Counsel" where there is close, ongoing, regular, and frequent contact with the firm for the purpose of providing consultation and advice.A firm name may retain the name of a retired partner, but not if the retired partner resumes the practice of law elsewhere, even if he maintains an "Of Counsel" relationship to...
10-03 10-03.pdf As long as the advertisement adheres to the rules promulgated under rule §§ 3-507.1-3 of the Nebraska rules of professional conduct, an attorney is allowed to advertise on a website geared toward assisting those in need of social security benefits.
10-02 10-02.pdf  It is not unethical, or a conflict of interest, for an attorney to accept an appointment as guardian ad litem, or as counsel for the parents in a juvenile court proceeding simply because his spouse is employed by the department of health and human services as a child/family support worker in the jurisdiction of the juvenile court where the proceedings are held. This assumes that the lawyer's...
10-01 10-01.pdf It is permissable under rule § 3-501.5 for a lawyer to modify an existing contingent fee agreement where there is a change in circumstances and provided the client is fully informed and consents to such a modification.
09-10 09-10.pdf A Lawyer who assists an undocumented alien in obtaining workers compensation benefits must balance his obligation to protect his client's undocumented status against his obligation of candor to a tribunal.
09-09 09-09.pdf A Lawyer may not reveal information concerning a life-threatening or debilitating health condition of a client to an adverse party or attorney in the absence of informed consent by the client or valid court order where the client's interests have been protected within the bounds of the law.
09-08 09-08.pdf  A part-time city attorney, village attorney, or other member of his or her firm are not automatically prohibited from accepting guardian ad litem appointments in juvenile court proceedings involving abuse and neglect, truancy or other behavioral issues as long as there are no special circumstances giving rise to a conflict of interest under the rules of professional conduct.While each case must...
09-07 09-07.pdf A county attorney does not have a conflict of interest in participating in or voting in a drug court decision to remove a participant from a drug court program .
09-06 09-06.pdf There is no conflict of interest in a firm's representation of a client in post-decree and bankruptcy proceedings where one of the firm's associates was formerly associated with a firm that briefly represented the opposing party and where the post-decree and bankruptcy matters are not the same as, or substantially related to, the prior divorce proceedings.
09-05 09-05.pdf An advertisement coupon placed in a mass mailer, which does not state "this is an advertisement" on the outside of the envelope violates rule 7.2. A lawyer may rent a table or sponsor a booth at a business exposition and not violate rule 7.3, as long as the lawyer does not approach, accost, or importune members of the public in the area of the table or the booth. A lawyer must not use any...
09-04 09-04.pdf  It is not necessary to include the words "This is an advertisement" for law firm newsletters sent to present clients, former clients, and persons who request that a copy of the newsletter be sent to them.With respect to newsletters emailed as attachments, where the words "This is an advertisement" are required, it is sufficient if those words are included in the subject line of the email message...
09-03 09-03.pdf If the victim in a criminal case that a county attorney is prosecuting has retained counsel to represent him in a civil case arising from the same set of facts and involving common issues and evidentiary questions, and that attorney has requested contact with the victim regarding those aspects of the prosecution be made only through him, Rule 4.2 prohibits a prosecutor from having direct contact...
09-02 09-02.pdf An attorney holding trust account funds for a missing client is required to act with reasonable diligence in attempting to locate the client. If the attorney is unable to locate the client, the attorney should disburse the funds in accordance with Nebraska's uniform disposition of unclaimed property act.
09-01 09-01.pdf An attorney is required to promptly notify a client upon receipt of funds in satisfaction of the client’s judgment, and to disburse those funds expeditiously at the direction of the client, despite the opposing party’s pending appeal of the judgment.
08-01 08-01.pdf  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...
08-03 08-03.pdf If the Statute of limitations is about to run in a case where a client has failed to maintain contact, the attorney may have a duty to file suit prior to terminating an attorney-client relationship, unless the fee agreement provides for a limitation on the attorney's authority to file.
08-02 08-02.pdf An unsolicited letter sent to a judge which discusses substantive issues of a case does not constitute an improper ex parte communication if the letter is simultaneously sent to opposing counsel.
07-05 07-05.pdf A Nebraska Lawyer may advertise in an internet-based lawyer directory as long as: (1) The directory does nothing more than list lawyers and appropriate information for the benefit of those who access the directory; (2) No recommendation is made as to a particular lawyer; (3) Any fee paid by the lawyer for participation in the directory is reasonable and is fixed for a certain period of time; (4)...
07-04 07-04-Laughlin.pdf An attorney may undertake employment as a staff attorney for the standing chapter 13 bankruptcy trustee if the attorney is properly screened from all cases involving the attorney's former clients and the clients of the attorney's former law firm.
07-03 07-03-Strigenz.pdf A judge's spouse law firm or office is not disqualified from representing a client in front of that judge unless it is determined by the firm or office that such a representation would present a significant risk of materially limiting the representation of the client.
07-02 07-02.pdf Where an attorney serves on a city council, other members of that attorney's firm are not prohibited by the rules of professional conduct from appearing before the city council on behalf of firm clients, as long as the attorney council member recuses himself or herself.
07-01 07-01.pdf An online marketing services agreement which provides for an up front fee for exclusive referrals and an additional fee based on the net recovery of each case is a "FOR-PROFIT" lawyer referral service in violation of rule 7.2.
06-12 06-12.pdf An attorney may donate legal services to a charity to be auctioned by the charity as a fund raiser with the charity to keep all the proceeds of the auction if appropriate ethical safeguards are in place.
06-11 06-11.pdf An attorney may donate legal services to a charity to be auctioned by the charity as a fund raiser with the charity to keep all the proceeds of the auction if appropriate ethical safeguards are in place.
06-10 06-10.pdf Whether a licensed practicing attorney in Nebraska can become contractually and financially associated with a business such as “The Estate Plan” (TEP) without violating the Nebraska Rules of Professional Conduct.
06-09 06-09.pdf Is it ethical for a law firm to include a provision in an attorney's employment or other agreement which provides for liquidated damages if the attorney leaves the firm and then competes with the law firm?
06-08 06-08.pdf A law firm consisting of two attorneys wishes to form a collection agency as a Nebraska L.L.C. The collection agency will be a completely separate entity however the law firm will own and manage the collection agency. The collection agency will not have any of its own employees, rather the law firm will contract with and lease employees to the collection agency.
06-07 06-07.pdf Whether an attorney may tape record a telephone conversation or an in-person communication with a non-client without disclosing the fact that the communication is being recorded.
06-06 06-6.pdf 1. Can a suspended attorney do research, writing, and other projects for the firm where the suspended attorney previously practiced law if the suspended attorney works from a location away from the firm’s office and has no contact with clients of the firm? 2. Can a suspended attorney do investigative work for the firm where the suspended attorney previously practiced law if the suspended attorney...
06-05 06-5.pdf I. Whether there are any ethical issues involved in sharing a computer server with various county offices. II. Whether a public defender is required to use its own computer server.
06-04 06-4.pdf I. Whether an inactive attorney’s notice to real estate clients which informs them that the attorney is inactive and will not provide legal services in the context of real estate transactions is sufficient so as to not create an attorney-client relationship. II. Whether such notice to real estate clients is sufficient so as to exempt the application of ethical rules to the law-related services...
06-03 06-3.pdf Whether it would be unethical for an attorney to assert a lien on a former client’s child support judgment as a means of collecting outstanding legal fees.
06-02 06-2.pdf May an attorney during the course of his immigration practice charge a flat fee when a client requests representation in a removal proceeding? Question presented should all or part of a flat fee go into a lawyers trust account?
06-01 06-1.pdf May an attorney who accepts appointments as guardian ad litem in one county also act at the same time as part time deputy county attorney in another county in Nebraska?
04-2 04-2.pdf I. Whether a lawyer violates the code of professional responsibility by participating in public seminars sponsored by charitable organizations or for-profit entities where the purpose is to both educate the public and generate business for the sponsoring organization and the lawyer. II. Whether a lawyer violates the code of professional responsibility by socially entertaining non-lawyers and...
04-1 04-1.pdf I. Does the code of professional responsibility prohibit an attorney whose partner is the part-time county attorney from representing a client in an appeal from a condemnation award? II. Does the code of professional responsibility prohibit the same attorney who is also the conservator for a landowner whose property is expected to be condemned from representing such landowner in a condemnation...
02-2 02-2.pdf Does the Code of Professional Responsibility permit an attorney who shares office space with a Public Defender to accept appointments as defense counsel in criminal matters where the present Public Defender has a conflict of interest? In response to the request for an opinion from this Committee, we furnish the following.
02-1 02-1.pdf The issue is whether or not ACLU Nebraska may properly donate old files to the Nebraska State Historical Society, and if so, under what conditions may the files be donated.
01-3 01-3.pdf An attorney has an ethical obligation, upon demand, to promptly provide a client with the contents of the file belonging to the client. What the client may be entitled to receive depends upon the nature of the work, the agreement between the attorney and client and the particular circumstances of the case. As a general rule, however, a client is entitled to:All documents provided to the attorney...
01-2 01-2.pdf  The issues in this opinion are not easily summarized. The question involves the potential for conflicts of interest when one spouse works for one agency handling public defense matters, and another spouse works for another agency handling public defense matters. What are the actual and potential conflicts of interest that may arise in such a situation and will those potential or actual conflicts...
01-1 01-1.pdf The issue is whether defense counsel for an accused may communicate with law enforcement personnel investigating a matter without the consent of the prosecutor. A lawyer acting as defense counselor an individual accused of a crime was advised by the county attorney prosecuting the case that defense counsel may not communicate with law enforcement officers who investigated the matter without...
00-2 00-2.pdf The issue is whether it is ethical for a lawyer to refer a client to a business which advances money to the client for litigation or living expense purposes in exchange for an equity position in the client's case. The lender will expect a lien on the proceeds of the lawsuit or the settled claim and above-market interest plus service fees.
00-1 00-1.pdf  A lawyer violates the Code of Professional Responsibility by submitting a bill to an insurance company for representing its insureds which are often submitted to an outside auditory for review or which the lawyer is directed to submit directly to the auditor is such bill contains information which constitutes confidences or secrets of the client. Thus the lawyer has the responsibility to...
98-2 98-2.pdf As a general rule, a prosecutor should withdraw from a criminal case if he or she is to testify in the matter on behalf of the State. A prosecutor need not withdraw if called to testify by the defense unless the prosecutor's testimony would be prejudicial to the State's case.
98-1 98-1.pdf  Unless a foreign professional corporation has complied with the Rules of the Nebraska Supreme Court pertaining to Professional Service Corporations, including but not limited to Rules 1C and 1E, it may not practice law through attorneys admitted in Nebraska, except on a Pro Hoc Vice basis, even though it has otherwise properly registered in Nebraska as a foreign professional corporation.Nebraska...
96-2 96-2.pdf A lawyer who is associated with a lawyer serving on a statewide commission charged with the duty to receive, investigate and screen charges, make findings of fact, conclusions of law and enter orders may not appear and represent clients before the commission regardless of whether or not the attorney/commissioner participates in the determination of that particular case.
96-1 96-1.pdf An attorney may compensate a suspended attorney for legal work performed prior to the suspension. A suspended attorney may be employed as a paralegal and/or law clerk if the employment is at a place and in such a manner as to not give the appearance of practicing law. A suspended attorney may not be employed as paralegal and/or law clerk at an office where he or she previously shared office space...
95-4 95-4.pdf Opinion No. dealing with client payments by credit card is hereby modified. It is not unethical to charge advance fees on credit cards for services to be performed.
95-3 95-3.pdf Pursuant to DR 2-103 (A), an attorney may not pay to participate in a "for-profit" lawyer referral program which provides a service directory to internet users at on-line shopping malls.
95-2 95-2.pdf A newsletter sent by a lawyer or law firm to clients and non-clients containing articles regarding legal developments and issues is an "advertisement" within the meaning of DR 2-101 (F) of the Code of Professional Responsibility and must state "This is an Advertisement" in a conspicuous place on the envelope or on the outside cover if an envelope is not used.
95-1 95-1.pdf An attorney may not ethically include in a fee agreement clauses providing (1) that the client may not settle the case without the lawyer's approval, or (2) that if the client does settle the case without the attorney's approval, the attorney would be entitled to recover the greater of the agreed upon percentage or an hourly fee that would be customary for the type of lawsuit.
94-5 94-5.pdf Former employees of a corporate party may be interviewed by adverse counsel without the permission of corporate counsel if the former employees are not individually represented. Any such interviews should not inquire as to privileged attorney-client communications.
94-4 94-4.pdf  Opinion is limited and Opinion is rescinded. A law firm must avoid the present representation of a cause against a client of a law firm with which any present lawyer, law clerk, paralegal, secretary or other ancillary staff member was formerly associated, and which cause involves a subject matter which is the same as or substantially related to that handled by the former firm while such person...
94-3 94-3.pdf Lawyers may not ethically participate in a finance program which purchases installment accounts and credit agreements from participating lawyers if the program is designed to be promoted to the client by the lawyer; does not provide for scrupulous observance of the lawyer's obligation to preserve confidences and secrets; and provides an incentive to increase charges to cover the plan's 10% and 20...
94-2 94-2.pdf Non-lawyers may not, through a "900" number telephone service, provide legal advice to the public. Attorneys encouraging such an enterprise would be in violation of DR 3-101, which prohibits a lawyer from aiding a non-lawyer in the practice of law.
94-1 94-1.pdf Since the limited liability company is a newly designated entity which, by statute, purports to afford limited liability to its members, and recognizing that our Supreme Court, in Rule I pertaining to professional service corporations, has set forth specific requirements for the organization and operation of professional service corporations mandating joint and several liability of PC...
93-6 93-6.pdf An attorney must withdraw as counsel, pursuant to DR 5-102, once the attorney learns that he or she will be called as a witness, or it is obvious that the attorney ought to be called as a witness on behalf of a client, unless the attorney qualifies under one of the four exceptions set forth in DR 5-101 (B) (1)-(4). However, an attorney representing his or her law firm has not accepted "employment...
93-5 93-5.pdf A County Attorney, whose husband is a police officer in the same county, is not disqualified from prosecuting a case in which the police department is involved unless the husband will be called as a witness. However, the familial relationship must be disclosed to the court, all lawyers, and the parties involved. If the husband is or may be a witness, the County Attorney may not handle the case...
93-4 93-4.pdf An attorney must exercise his or her discretion in determining whether disclosure of a client's intention to commit a crime is necessary or permitted. In making this determination, one should look to DR 4-101 (C) to decide whether his or her factual situation fits within one of the four exceptions permitting such disclosure.
93-3 93-3.pdf An attorney who is holding funds in trust for a client who cannot be located, should distribute those funds according to state law, after waiting the statutorily prescribed amount of time.
93-2 93-2.pdf Rescinded by Opinion .A Deputy Public Defender may accept employment as a Deputy County Attorney in the same county if the following precautions are taken:All cases pending at the time of transition in which the attorney was substantially involved as a Deputy Public Defender must be examined by the County Attorney to assure that the attorney neither provided prejudicial information relating to...
93-1 93-1.pdf It is ethically improper for an attorney to represent a Deputy County Attorney in a dissolution of marriage case and, at the same time, continue as guardian ad litem in Juvenile Court proceedings in which the Deputy County Attorney/client represents the interests of the State.
92-4 92-4.pdf An attorney may not donate legal services to a nonprofit organization for sale at an auction for the benefit of the nonprofit organization.
92-3 92-3.pdf A member of the Nebraska State Bar Association may participate in a law firm intending to engage an attorney as "of counsel" as long as the designated "of counsel" attorney and the law firm maintain a close and continuing relationship. Also, the relationship may not be formed solely for the purpose of being a forwarder and receiver of legal business and must not be allowed to evolve into such a...
92-2 92-2.pdf A lawyer may represent a criminal defendant in a case in which the attorney's spouse was employed by the sheriff's department if no actual conflict exists, full disclosure of the relationship is made to the prospective client, and the client consents. Full disclosure would require the client to be aware of all of the pertinent facts, legal implications, and potential affects surrounding the...
92-1 92-1.pdf Government attorneys represent only the State of Nebraska when performing child support enforcement related duties and no attorney-client relationship ever exists between the government attorney and persons served by the NDSS. The NDSS and the county or authorized attorneys have an affirmative duty to notify persons applying for services or receiving services that the legal services provided by...
91-4 91-4.pdf If an attorney reasonably believes a client to be mentally incompetent, the attorney may disclose confidential attorney-client communications to the extent necessary to protect the best interests of the client.
91-3 91-3.pdf  As counsel for a plaintiff, an attorney may not ethically interview present or former employees of a defendant corporation if:The employees are officers or management employees, or employees whose statements may bind the corporation in a legal sense.Before interviewing present or former employees not within the category as outlined in I (a) above, plaintiff's attorney should:Identify him/herself...
91-2 91-2.pdf One lawyer may ethically represent a defendant who has been diagnosed as having multiple-personality disorder, representing the primary personality and considering the others as symptoms of the illness, in the absence of a court order that each personality is deemed a separate person and entitled to separate counsel.
91-1 91-1.pdf A salaried attorney-employee of a corporation (which is not a Nebraska professional corporation engaged in the practice of law) which provides financial and estate planning services or products may not ethically prepare trust agreements, wills or related estate planning documents for the corporation's customers nor for customers which may be referred to the corporation by independent insurance...
90-3 90-3.pdf A County Attorney may ethically prosecute a second cousin in a criminal case if the County Attorney has had no social or business contact with the accused.
90-2 90-2.pdf Generally, an attorney may not reveal the whereabouts of a former client where such information was received during the course of and in furtherance of the professional relationship. However, the attorney may ethically divulge the whereabouts of the client where the attorney determines that it is the intention of the client to commit a crime in the future, the attorney has obtained the consent of...
90-1 90-1.pdf Under the facts presented, a County Public Defender should not represent a defendant convicted of first-degree murder and sentenced to death in seeking to overturn the conviction and sentence in a Federal Habeas Corpus action where the grounds for relief involve alleged ineffective assistance of another lawyer in the Public Defender's office who is no longer associated with that office.
89-8 89-8.pdf Under the facts presented, an attorney who holds stock in a corporation, is president of that corporation and negotiates and executes leases with third parties in his corporate capacity, is precluded from representing the corporation in a suit involving one of the leases where it is likely that the attorney or a member of his firm will be called as a witness. Other attorneys in the lawyer's firm...
89-7 89-7.pdf A lawyer may send a "canned" newsletter to clients and nonclients provided the lawyer follows the guidelines set forth in DR 2-101, the newsletter is not false or misleading, and the lawyer properly identifies the author of the newsletter if it is not written by the lawyer. Opinion No. is hereby rescinded to the extent inconsistent herewith.
89-6 89-6.pdf A deputy county attorney whose duties include prosecution of cases in the Juvenile Court, in which the Nebraska Department of Social Services may be involved, may prosecute such cases in the same county in which his sister is employed as a social worker with the Nebraska Department of Social Services. However, the lawyer must fully disclose the familial relationship to the court, all lawyers, and...
89-5 89-5.pdf An attorney may not ethically participate in a "for profit lawyer referral service if the name used by the Referral Service implies that participating attorneys are "members" of an association of trial lawyers practicing in a specific area of law.
89-4 89-4.pdf An attorney possessing unprivileged knowledge of a violation of the Code or Professional Responsibility has a duty to report the violation to the Counsel for Discipline. An attorney does not have a mandatory obligation to report a mere suspicion of a Code violation.
89-3 89-3.pdf A lawyer may participate in a "for-profit" lawyer referral program if the lawyer does not give anything of value to the program for recommending the lawyer's services and if the program is in compliance with the applicable provisions of the Code of Professional Responsibility. The lawyer may offer reduced fees or a free consultation to those clients that have been referred under the legal...
89-2 89-2.pdf  Lawyers who maintain separate and independent practices but share certain office facilities, including reception area, conference rooms, library, computer systems, and receptionist and secretarial personnel, may represent adverse parties so long as the following precautions are met:There shall be no common access to the case files;There shall be no common access to any computerized data relating...
89-1 89-1.pdf An attorney may ethically require from a judgment debtor whose wages the judgment creditor has garnished a sum equivalent to the projected garnishment proceeds due under the continuing garnishment lien in return for an immediate release of the garnishment order. 
89-1 89-1.pdf An attorney may ethically require from a judgment debtor whose wages the judgment creditor has garnished a sum equivalent to the projected garnishment proceeds due under the continuing garnishment lien in return for an immediate release of the garnishment order.
88-4 88-4.pdf An attorney may solicit legal business for pecuniary gain by sending truthful and nondeceptive letters to prospective or potential clients known to face particular legal problems, subject to the requirements of the Code of Professional Responsibility concerning written communications.
88-3 88-3.pdf It is not possible to state a definite time as to when closed client files may be destroyed. The retention or destruction of client files is primarily a matter of good judgment, weighing the clients' interests and expectations in the retention of file materials, the reasonably expected future usefulness of the file contents, the careful preservation of confidentiality, and the availability of...
88-2 88-2.pdf The individual names of paralegals or legal assistants may be listed on a law firm's professional letterhead if the letterhead clearly indicates that such employees are not attorneys.
88-1 88-1.pdf A "Chinese Wall" may not be used to avoid conflicts of interest in appellate and post-conviction cases in which the competency of prior Public Defender is challenged by a criminal defendant now represented by a Public Defender from the same office.
87-6 87-6.pdf Under the facts presented, a County Public Defender representing a defendant convicted of first degree murder should not, for the purposes of seeking post-conviction relief on behalf of the defendant, allege that the prior County Public Defender and his staff provided ineffective assistance of counsel even though the present Public Defender was never associated with the prior Public Defender.
87-5 87-5.pdf It is unethical for a County Attorney, while acting under his or her statutory duties, to bring an action to establish the paternity of children born out of wedlock and to subsequently represent either parent in a dispute over the custody of the minor children.
87-4 87-4.pdf It is not, per se, a violation of the Code of Professional Responsibility for the lawyer for one party in a transaction to act as an escrow agent if all parties consent after full disclosure and if it appears obvious that the lawyer can adequately represent the interests of all parties. The consent should recognize the potential for conflicts of interest and a means to resolve the same. Acting as...
87-3 87-3.pdf When a lawyer is appointed by a court or requested by a Bar Association to undertake representation of a person unable to obtain counsel, whether for financial or other reasons, the lawyer should not seek to be excused from undertaking the representation except for compelling reasons.
87-2 87-2.pdf An attorney may participate in a "for profit" lawyer referral program if the attorney does not give anything of value to the program for recommending his services and if the program is in compliance with the applicable provisions of the Code of Professional Responsibility. It is the individual attorney's responsibility to assure the program's compliance with the Code.
87-1 87-1.pdf If an attorney finds that he is required by statute and disciplinary rules to deliver physical evidence to the County Attorney, he should consider whether he should withdraw as counsel in the case for the reason set forth in Opinion No. 80-1. The Committee cannot say, however, that it would be a per se Violation of the Disciplinary Rules to fail to withdraw in all cases, and any implication to...
86-5 86-5.pdf It is not per se unethical for attorneys who are married or closely related to represent parties with adverse interests as long as the attorneys make full disclosure to their respective clients and obtain the consent of the clients to the representation. The attorneys should carefully examine the situation and one or more of the attorneys should decline employment or withdraw from the employment...
86-4 86-4.pdf An attorney may ethically act as trustee under a trust deed and continue to represent the beneficiary (lender) against the trustor (borrower).
86-3 86-3.pdf  An attorney may charge interest on past due accounts for legal services with the client's agreement. Such agreement must:Be in writing;Be entered into prior to or early in the provision of legal services;Clearly state a reasonable rate of interest;Clearly set out when the account will become past due and subject to the interest charge but not less than 30 days after the billing date.
86-2 86-2.pdf An attorney may participate in a plan for furnishing prepaid legal services. Participation in such a plan however does not relieve the attorney from compliance with applicable provisions of the Code of Professional Responsibility. The participating attorney should use caution to insure that the plan does not:Permit the unauthorized practice of law.Violate client confidences.Impair the...
86-1 86-1.pdf  It has been brought to the attention of the Committee that, in certain of the smaller communities in Nebraska, a city attorney will, by express contract, advise concerning civil matters only and will not engage in any prosecutorial activity whatever. Such contracts have been entered into expressly to leave the city attorney and his or her law firm free to handle criminal defense work. In the...
84-1 84-1.pdf A lawyer who is also a police officer should not undertake to represent the defendant in a criminal matter, and the lawyers with whom he is associated should likewise refrain from such representation.
83-4 83-4.pdf A lawyer may participate in a lawyer referral service and pay the usual charges of such a service; provided, the service is a not-for-profit lawyer referral service.
83-3 83-3.pdf A lawyer ethically may practice law and a second profession, not law related, from the same office, or different offices, if the distinction between services as a lawyer and services in the other profession is made clear, and the lawyer otherwise complies with the Code with respect to providing legal services; and the lawyer may indicate the dual practice of the two professions on his law office...
83-2 83-2.pdf A lawyer may ethically advertise by mailing or delivering letters directly to prospective clients; provided, personal contact is not involved, the communication is not false or misleading, and on the front of each envelope in which it is mailed or delivered (or on the front of each postcard, if printed on a postcard) are placed the words: "This is an Advertisement."
83-1 83-1.pdf A lawyer or law firm cannot ethically subscribe to the service of a welcome wagon type organization to distribute the lawyer's or law firm's business card, since a personal contact would be involved.
82-2 82-2.pdf An attorney may not ethically participate in the operation or management of an agency which solicits accounts for collection when he will be retained by the agency to collect those accounts; and, if the attorney also is a part time county attorney, additional ethical considerations involving a conflict of interest may be involved.
82-1 82-1.pdf A corporation which forecloses mortgages and exercises powers or sale on behalf of others is practicing law; and a lawyer may not accept employment by the corporation to do this work.
81-13 81-13.pdf It is improper for an attorney in private practice to donate his or her legal services to a parochial school building fund where the service would be made known to school families through the school newsletter and all of the fees generated would be contributed to the building fund except for reasonable expenses incurred by the attorney.
81-12 81-12.pdf It is improper for an attorney to accept clients referred by a savings and loan association for the purpose of providing the client with a free will.
81-11 81-11.pdf An attorney employed by an insurance company may not be retained by the insured's attorney in order to assist in drafting the insured's estate plan where the insured-client would compensate both attorneys for services rendered even after full, written disclosure to the client and the client's own attorney.
81-10 81-10.pdf An attorney may not directly solicit clients, life insurance agents, other non-lawyers or other lawyers in order to have them introduce clients to the attorney for the purpose of retirement or estate planning. An attorney may not avoid the prohibition against solicitation by delegating a portion of the legal work entailed in retirement and/or estate planning when the attorney continues to advise...
81-09 81-9.pdf An attorney or a law firm may list his, her or its name, or the name, or names, of any one or more of the members of the law firm under categorized areas of the practice of law set out in the yellow pages of a telephone directory, provided the lawyer or law firm actively practices or is qualified to practice in the listed areas.
81-08 81-8.pdf A County Attorney, Deputy County Attorney, or member of their firm cannot ethically represent a private client in a license suspension or revocation proceeding before the Nebraska Liquor Control commission.
81-07 81-7.pdf A County Attorney, Deputy County Attorney, or member of their firm cannot ethically represent a private client in an action under the State Tort Claims Act against the State of Nebraska, the Department of Health, its agents, or employees for damages arising out of the negligence of said agents or employees.
81-06 81-6.pdf A County Attorney, not prohibited by the County Board from engaging in the private practice of law, may act as a personal representative in an estate or as a private attorney for a client in an inheritance tax determination (with or without probate) where a special County Attorney has been appointed, by resolution of the County Board, to represent the interests of the County and the State of...
81-05 81-5.pdf Where an attorney is the personal representative of a decedent's estate, and the attorney's law firm renders legal services to the PR, the firm may be compensated for the legal services, and the PR may be compensated for his services as PR, provided that the combined compensation is not excessive for the services rendered.
81-04 No opinion was released.
81-03 No opinion was released.
81-02 81-2.pdf Modified by Opinion 95-4.The use of credit cards for the payment of legal services and expenses is permitted under the Code of Professional Responsibility if specified guidelines are followed. Permitted use of such credit cards includes a possible notice to the client, to be enclosed with the statement for services, advising the client that the attorney accepts certain specified credit cards and...
81-01 81-1.pdf It is not unethical, per se, for an attorney to belong to a voluntary non-profit organization, which is a corporation, such as the American Legion, and still bring suit against that organization, if his position in the organization does not involve any decision making capacity such as to affect his ability to counsel with his client and exercise his free and independent expertise for his client,...
80-10 80-10.pdf The impropriety of two or more lawyers holding themselves out as a partnership when they are not in fact partners, is not removed by insertion under the firm name of the words: (Not a Partnership).
80-09 80-9.pdf The propriety of lawyers who formerly served on the staff of the city attorney representing clients in actions against the city depends upon the factual situation present in each case.
80-08 80-8.pdf A county attorney may serve on the Board of Directors of a Legal Service Corporation operating in his county provided the principles and standards referred to in Formal Opinions 345 and 334 of the Committee on Ethics and Professional Responsibility of the American Bar Association are complied with.
80-07 80-7.pdf It is not unethical per se for a lawyer, in partnership with a non-lawyer, to provide lobbying services if the practice of law is not involved.
80-06 80-6.pdf An attorney's participation in a plan for furnishing prepaid legal services which limits its members in their selection of counsel, to counsel who have been furnished, selected, or approved by the plan, is unethical.
80-05 80-5.pdf It is not ethical for an attorney whose law firm represents the personal representative of an estate which is selling real estate at the public auction to bid at the sale of his own behalf.
80-04 80-4.pdf A lawyer should identify his location of practice under his own name or the names of the partners or some of them if there is a partnership. He should identify himself as a lawyer by the use of the words, "Law Office of", preceding his name or the use of the word "Lawyer" or the words "Attorney at Law" following his name, except that where he practices law as a "Professional Corporation", these...
80-03 80-3.pdf While partner A is serving as an elected representative of an area technical college board, his partner, B, should not accept appointment as legal counsel for the board
80-02 80-2.pdf An attorney is prohibited from communicating information to the society editor of the local newspaper when he attends continuing legal education seminars.
80-01 80-1.pdf Rescinded by Opinion 87-1.An attorney, who in the course of representing a defendant in a criminal case, receives physical evidence from a third party which may be material to the case, has a duty to deliver such evidence to the County Attorney. Such attorney, after delivering such evidence to the County Attorney, should withdraw as counsel for the defendant upon proper application made to the...
79-8 79-8.pdf An attorney member of the board of directors of a legal aid society and managing or staff attorneys of the same society may represent their respective clients against one another in an adversary proceeding or otherwise without being subject to disciplinary action under Disciplinary Rule 5-101(A) or any other provision of the Code of Professional Responsibility of the Nebraska State Bar...
79-7 79-7.pdf  Where a Nebraska attorney, at the request of and on behalf of his client, contacts another attorney relative to the registration of a foreign judgment, the Nebraska attorney has no personal responsibility for payment of the other attorney's fees absent an agreement to assume such responsibility.It would not be ethically proper for the Nebraska attorney to sue his client on behalf of the other...
79-6 79-6.pdf It is not proper for the office of public defender to represent two criminal defendants in the same case with conflicting interests.
79-5 79-5.pdf It is not improper for an attorney to permit his name to be included in the client reference section of an advertising brochure published by a company which provides analysis of medical malpractice cases and expert opinion and witness services in such cases.
79-4 79-4.pdf It is improper for a lawyer to belong to a lawyer referral service, conducted by laymen, which refers clients to lawyers on a "Trade of Services" basis, solely on the basis of fee, and for which the lawyer must split the fee with a layman.
79-3 79-3.pdf An attorney must not commingle a client's funds with his own.
79-2 79-2.pdf An attorney or his firm may not accept litigation against a past client if such requires that the attorney contest the same issue for which he previously was an advocate in the prior litigation.
79-1 79-1.pdf The county attorney may act as deputy city attorney for his partner in the practice of law who is city attorney (and conversely the city attorney may act as deputy county attorney while his partner is county attorney) except in matters between such county and city as to which there is a conflict of interest.
78-10 78-10.pdf It would not be ethical for a full-time practicing attorney to simultaneously become a partner, shareholder, director or officer in a corporation established for the specific purpose of furnishing legal educational consulting, with the attorney to be an integral part of the research and consulting.
78-09 78-9.pdf It is not per se unethical for an attorney to represent defendants in criminal cases in a county in which a close relative of the attorney, such as a brother, sister, father or spouse, is the county attorney, whether or not the matter may be prosecuted by a deputy county attorney.
78-08 78-8.pdf It is not improper for an attorney to undertake representation on a contingent fee basis to collect accrued and unpaid child support or alimony.
78-07 78-7.pdf Rescinded in part by Opinion 89-7.A lawyer or a law firm may not ethically place the name of such lawyer or law firm with address and telephone number on the pamphlets that are made available by the Nebraska Bar Association for the general information of the public.
78-06 78-6.pdf A lawyer is able to represent a client concerning facts which relate to a previous client of the lawyer, so long as the lawyer is able to preserve the confidences and secrets of the previous client and still maintain his independent professional judgment on behalf of the new client.
78-05 78-5.pdf Modified by Opinion .An attorney who is temporarily suspended from the practice of law may not engage in any law-related activity or business including serving as a guardian, conservator or personal representative, preparing pleadings or doing research for other lawyers. He may however, continue to maintain an office providing that it is not designated as a law office and he makes use of it for...
78-04 78-4.pdf The partnership name of a law firm composed of members practicing in Nebraska and other jurisdictions may include the name of a partner not licensed to practice in Nebraska if the enumeration of the members and associates of the firm on its letterhead and in other permissible listings makes clear the jurisdictional limitations on those members and associates of the firm not licensed to practice...
78-03 78-3.pdf In a county where there are other attorneys qualified to represent persons accused of violating the criminal law, a Deputy County Attorney may not ethically undertake such representation, either voluntarily or by court appointment.
78-02 78-2.pdf A Public Defender appointed to represent a defendant in a criminal proceeding who receives information communicated to him by his client in confidence indicating that the client is not indigent may not disclose this information to the Court or seek the Court's permission to withdraw from representation of the client on the ground that the client is not indigent.
78-01 78-1.pdf It is proper for an attorney to participate in an interview at the request of a reporter from a local newspaper, with or without photographs, so long as the news article is limited to the information permitted by those of the 25 guidelines listed under DR 2-101(B) which are deemed newsworthy as distinguished from information deemed to constitute commercial advertising, and provided DR 2-101 (A)...
77-6 77-6.pdf Upon the facts presented, it is not permissible for a lawyer to allow his client to communicate to present or potential customers of the client the fact that the lawyer has been retained by him.
77-5 77-5.pdf  It would not be proper for an attorney who, as a part time job, serves as executive director of the Nebraska County Attorneys' Association, to contemporaneously represent clients in a private practice in any of the following character of matters:Representation of a criminal defendant being prosecuted by a county attorney on behalf of the State of Nebraska;Representation of an estate in the...
77-4 77-4.pdf It is not proper for an attorney to unilaterally notify a client he will be charged interest on a past due account after a date certain in the future. Interest may properly be charged only by agreement with the client.
77-3 77-3.pdf It is not improper for a law firm with offices in different cities or states to use a variation in the firm name in the different locations, provided the lawyers included in the name used in each location are in fact partners.
77-2 77-2.pdf Rescinded by Opinion .It would not be proper for an attorney to insert the phrase "We Accept Bankamericard" at the bottom of printed statements mailed to clients.
77-1 77-1.pdf An attorney who has rendered a title opinion to a client on real estate he is purchasing, may also, with the client's consent, render a title opinion to the bank financing the purchase, and he would not subsequently be precluded from representing either party in a foreclosure proceeding which does not bring into question the validity of the legal title or the mortgage as a valid first lien,...
76-16 76-16.pdf An attorney in a divorce action representing the husband who is without cash funds to pay attorney fees may not ethically take a mortgage on the husband's home executed by the husband as security for future legal services.
76-15 76-15.pdf A county attorney who prior to becoming such had represented a wife in a divorce action resulting in a decree requiring child support from the husband, should not institute criminal charges against the husband for non-support, but should arrange for the county board to employ a special prosecutor to prosecute the non-support action.
76-14 WITHDRAWN/RESCINDED   It is not improper for an attorney, who is leaving private practice to become corporation house counsel an a full-time basis, to cooperate in a news article released by the corporation employer publicizing the new position and containing biographical data and a picture.
76-13 76-13.pdf It would not be proper for a county attorney permitted to have a private practice to represent a private client in an appeal from valuation of moveable personal property upon school land of the state and in litigation against the Board of Educational Land and Funds for return of money paid for a school land lease.
76-12 76-12.pdf  It is not improper for an attorney to contract with a federal credit union to furnish legal services to its members under the following type of arrangement:The credit union will announce to its members that any of them may call the credit union to obtain the attorney's name and telephone number in order to then call him to arrange a private appointment with him to discuss a legal matter. The...
76-11 76-11.pdf It is ethically permissible for lawyers to be listed in the yellow pages of telephone directories by geographical area in addition to being listed in alphabetical order if all lawyers are so listed but failure to include all lawyers in a sub-geographical classification would not be appropriate.
76-10 76-10.pdf It is not unethical for an attorney to represent the plaintiff in a contested paternity case under a reasonable contingent fee arrangement.
76-09 WITHDRAWN/RESCINDED    A county attorney permitted to maintain a private law practice may properly participate in an interview for a newspaper article covering his duties as county attorney as one of a series of articles on law enforcement by various public officials provided no reference is made to his private practice.
76-08 76-8.pdf As a general rule, an attorney is not barred from representing a subsequent client against a former client if the duties required of him do not conflict with those involved in the first employment.
76-07 76-7.pdf A practicing attorney may not ethically form a corporation with other individuals to market its services to professional athletes which would include contract negotiation, financial planning, estate planning, tax return preparation, budgeting, personal appearances, product endorsements and other management functions, the legal or quasi-legal aspects of which would be handled by the attorney from...
76-06 76-6.pdf It is not per se unethical for an attorney who examines titles for a savings and loan association to handle the corrective work required by his title opinion and charge the seller for such corrective work provided the seller has requested him to provide such services either directly or through the association, since this is a matter of contract law rather than ethics. The particular factual...
76-05 76-5.pdf A county attorney who participated in obtaining a confession from a defendant in a murder case should not participate in the prosecution of the trial where there is a possibility he will be called as a witness pertaining to the voluntariness of the confession.
76-04 76-4.pdf A lawyer desiring to develop a practice devoted to legal research in assisting other lawyers may advise other attorneys of his services by oral statement, by business cards, by mailing notice and by publishing notices in legal journals, provided no reference is made to any special competence in the field of legal research and provided any such statements, cards and notices shall refer only to his...
76-03 76-3.pdf An attorney appointed by the court to represent an indigent charged with a felony involving sale of drugs is not disqualified by reason of the fact that his spouse is a member of the city council with a reputation for insistence on strict enforcement of drug laws.
76-02 76-2.pdf It is improper for any attorney to appear on behalf of a client before the governing board of a public institution or to contact the administrative officials of the institution to promote collection of a judgment against the institution where the institution is represented by legal counsel without the consent of the institution's legal counsel.
76-01 76-1.pdf  An attorney who changes the location of his office in the community where he practices law may communicate this information by a brief professional announcement card which may be mailed to lawyers, clients, former clients, personal friends and relatives.Incidental to the opening of the new office, he may properly have an open house and serve refreshments to the invitees provided the guests are...
75-14 75-14.pdf  It is improper for a lawyer to prepare, cause to be prepared, or participate in the publication of news articles informing the public of his attendance at legal education seminars or programs of a similar nature.Neither the Nebraska State Bar Association nor any of its affiliated or subordinate, organizations or committees should identify in news releases any lawyers who were merely in...
75-13 75-13.pdf The sharing of offices by lawyers precludes one of those who so shares with another from accepting a case which the other cannot ethically accept.
75-12 75-12.pdf  Lawyers holding governmental positions involving legislative duties may engage in law practice subject to the following restrictions:They may not use their official position for the special advantage of themselves or their clients as provided in Canon 8 of the Code of Professional Responsibility.They may not represent a client in any matter that is specifically reviewable by them as an official....
75-11 75-11.pdf Subject to the guidelines contained in the conclusion of this opinion, an attorney may participate in seminars sponsored by either profit or non-profit organizations if the principal purpose of the seminar is to educate the public in a general way on legal issues, and such participation is permissible even though the seminar is neither connected with nor sponsored by the Nebraska State Bar...
75-10 75-10.pdf It is not ethically permissible for a lawyer or a member of his firm to represent an estate where the executor is a bank of which the lawyer is a vice-president and trust officer.
75-09 75-9.pdf A lawyer should identify his location of practice under his own name or the names of the partners or some of them if there is a partnership. He should identify himself as a lawyer by the use of the words, "Law Office of", preceding his name or the use of the words, "Lawyer" or the words, "Attorney at Law" following his name, except that where he practices law as a "Professional Corporation",...
75-08 75-8.pdf It is improper for a county attorney, a deputy county attorney, or a partner or associate of either, to represent a defendant in a criminal case involving a violation of the criminal statutes of the State of Nebraska.
75-07 75-7.pdf It is improper for a former assistant City Prosecutor of a municipality to represent a client who was arrested for intoxication and resisting arrest during the time the attorney was serving as such public official, either in the resulting criminal proceedings in the Municipal Court or in civil rights litigation in Federal Court involving the incident.
75-06 75-6.pdf It is not proper for a lawyer's name to appear as "Legal Counsel" on the letterhead of a community's Chamber of Commerce where the lawyer is neither an officer or director of the organization nor does he charge for legal services rendered the organization in the normal course of its affairs.
75-05 75-5.pdf A lawyer who as a C.P.A. is practicing public accounting in a firm may not also practice law in such firm. The lawyer may separately, independently and outside the accounting firm "practice law", but if he does, then all of his activities as an accountant in the accounting firm are subject to all the requirements of the Code of Professional Responsibility.
75-04 75-4.pdf A lawyer, who is serving his County as a member of the County Board which has, as one of its duties, to act each year upon the budget presented by the County Attorney, should not handle criminal cases, negotiating and defending them against the County Attorney or any member of his staff.
75-03 75-3.pdf Neither a county attorney nor his partner may properly represent a landowner in condemnation proceedings instituted by the State of Nebraska where the land is in his own county, and this precludes not only actually handling the lawsuit but also counseling and representing the landowner during the negotiation stages prior to condemnation. The prohibition does not apply to condemnation proceedings...
75-02 75-2.pdf A county attorney may also represent other governmental subdivisions such as school districts, cities and villages except in matters between such agencies as to which there is a conflict of interest.
75-01 75-1.pdf The use of credit cards'for payment of legal services previously rendered and expenses previously advanced is permitted if the guidelines specified in this opinion are followed. Interest may be charged on delinquent accounts with the client's agreement. Opinion No. 72-2 which conflicts herewith is hereby rescinded.
74-12 74-12.pdf The prohibition against a county attorney embodied in Advisory Opinion No. 71-2 (as amended by Advisory Opinion No. 74-1) does not extend to divorce actions involving minor children in counties other than that in which he is the county attorney.
74-11 RESCINDED BY 78-1 It is improper for an attorney to participate in an interview with a reporter from a local newspaper, with or without photographs, when it is reasonable to expect that such interview would result in a news article announcing to the general public his name, background, nature of his profession and location of his office.
74-10 74-10.pdf A lawyer may not represent conflicting interests where such representation interferes with the exercise of independent professional judgment and where adequate representation of all parties will not result from such multiple representation.
74-09 74-9.pdf An attorney who is representing the executor in the probate of an estate and who drew and witnessed the will being probated need not withdraw from the probate proceedings when it becomes apparent that he will be a witness in an action to construe the will brought by the executor but using other counsel.
74-08 74-8.pdf A lawyer may have distributed in a lay publication, a dissertation on a legal subject of general interest. While his name and the fact that he is a lawyer may be shown, his office address, however, should not be; nor should he make himself available, either directly or indirectly, to answer specific questions of individuals or accept employment shortly thereafter with reference to the general...
74-07 74-7.pdf A local bar association may form a panel of attorneys, each of whom are willing to spend a period of time one day a week on a local college campus to make legal services readily available to a student senate of the campus and to individual students in need of legal services provided they follow the following rules: (1) The lawyer on campus can advise the students on any civil matter. (2) If the...
74-06 74-6.pdf Members of the same law firm may properly represent and appear as personal counsel on behalf of a partner of the law firm in an action against such partner involving an alleged breach of his fiduciary duty while serving as a director of a corporation even though such partner would be a witness on his own behalf during the trial, provided the lawyers for the defense complies with the Code of...
74-05 74-5.pdf A city attorney should decline employment in civil cases where: (1) He would be opposing the city or any of its boards, committees or officials; (2) It conceivably could be his duty as city attorney, directly or indirectly, to prosecute; or (3) It would be his official duty to investigate; but that, otherwise, no restriction should be placed on a city attorney to accept proffered employment in...
74-04 74-4.pdf A lawyer should not lease office and courtroom space (in a building owned by and partially occupied as an office by the lawyer) to a County Judge before whom the lawyer actively practices. However, a lawyer may lease such office and courtroom space to the County, which in turn intends to make the space available to the County Judge.
74-03 74-3.pdf A lawyer may simultaneously hold himself out as a real estate broker or serve as a clerk at the auction of real estate. While it is not improper per se for a lawyer to engage in a second occupation, even though closely related to the practice of law, nevertheless, a heavy burden must be assumed by him to ensure compliance on his part, of all of the provisions of the Code of Professional...
74-02 74-2.pdf Supplement to Opinion No. 72-13. A city or village attorney whose duties include prosecuting violations of ordinances and state statutes may not voluntarily represent anyone charged with a crime unless his employment as attorney for the defendant is approved by an order of the court wherein the case is pending.
74-01 74-1.pdf Amendment to Opinion No. 71-2. A county attorney or a law firm of which he is a member may not ethically represent clients in divorce actions involving minor children unless the county board of such county has adopted by Resolution a general policy permitting its county attorney to represent parties to a divorce action involving minor children and agreeing to engage at the expense of the county a...
73-15 73-15.pdf A lawyer who has represented a husband in connection with his attempt to secure a dissolution of his marriage and custody of his children is disqualified to defend the wife against a charge of manslaughter, wherein it is claimed that she killed her husband in an attempt to regain custody of the of the children from the husband.
73-14 73-14.pdf Limited by Opinion .Provided that all ethical considerations and disciplinary rules are met and complied with by the competing law firm, it is not necessarily unethical for it, without solicitation on its part, to employ a former secretary of another law firm who voluntarily seeks employment with such competing law firm.
73-13 73-13.pdf A lawyer who has defended a wife in a marriage dissolution action brought by her husband, is not disqualified to represent a third party who has also been sued by the husband for alienation of affections and criminal conversation, with the consent of the wife who desires that her lawyer defend the third party.
73-12 73-12.pdf A lawyer appointed by a court to defend an indigent person accused of crime, whether the lawyer be a public defender or in private practice, must permit his client to testify in his own behalf, if the client insists in so doing, even though the lawyer knows or has reason to believe that his client will give false and perjured testimony.
73-11 73-11.pdf It is improper for two or more private practitioners who share office expenses but are not in fact partners to hold themselves out as a partnership. This precludes them from adopting a partnership name, such as "Smith, Jones & Brown" and from using such name on the door of the law office, on letterheads, in the yellow pages of the telephone directory, in answering the telephone, or in any...
73-10 73-10.pdf Attorneys formerly employed by a Legal Aid Office as Director and Counsel who have resigned to enter private law practice may be hired on a part-time basis for a temporary period to assist the Legal Aid Office until such time as replacements are secured.
73-09 73-9.pdf A lawyer may serve as President of a bank and take an active management role in the bank as President and also sell insurance other than life insurance from an office within the bank, and may also maintain a separate and distinct office for the general practice of law in the same community but in a building separate from the bank's offices if (1) the banking and insurance businesses are conducted...
73-08 73-8.pdf It is not ethical for an attorney for a judgment creditor to demand from an unrepresented judgment debtor whose wages the judgment creditor has garnisheed a sum in excess of the amount the judgment creditor can take in the garnishment process in exchange for an immediate release of the garnishment order.
73-07 73-7.pdf The Public Relations Committee of the Bar may appoint local or regional representatives to assist in obtaining publicity concerning bar association programs and activities of a public nature, but such representatives may not ethically act in matters in which they are personally involved, and such publicity shall not include anything constituting the advertising of the services of particular...
73-06 73-6.pdf Although a lawyer may be paid for specialized legal services rendered in behalf of a planner of real estate, he, however, may not divide his fee in any manner whatsoever with the planner, nor can he become a member of a partnership or corporation with him, nor assist in the promotion of said projects of the planner, nor perform legal services for him in a state to which he has not been admitted...
73-05 73-5.pdf A lawyer who had been employed by certain individuals to incorporate their company, and who had continued to represent them and the corporation prior to the involuntary dissolution of the corporation should not accept employment on behalf of his firm from a bank to sue the corporation and the individuals on a note given by the corporation and guaranteed by the individuals.
73-04 73-4.pdf The following arrangement between a lawyer and a local credit bureau client is not unethical: In connection with lawsuits against debtors by the credit bureau, the lawyer has drafted a form of petition in which the credit bureau inserts relevant information such as balance due, assignor's name and pertinent dates. When completed, the lawyer reviews and signs his name to each petition which is...
73-03 73-3.pdf It is permissible for a lawyer to be retained by a non-profit student senate organization to provide legal services to the senate and also to provide group legal services to the student members of the senate under currently existing constitutional interpretations, but only if: (a) the rendition of group legal service is not a primary purpose of the senate and is incidental to its primary purposes...
73-02 73-2.pdf A prosecuting attorney who files and prosecutes criminal proceedings in a District Court or in a District County Court is not disqualified from appearing in the same court in a wholly disconnected civil proceeding, provided participation in the latter proceeding is not within the restrictions imposed by Nebraska Statutes. This ruling is equally applicable to a deputy prosecuting attorney and to...
73-01 73-1.pdf It is permissible to publish periodically in the Creighton Law Review and the Nebraska Law Review the inquirer's dignified statement of availability as a consultant to other lawyers. It is permissible in a brief biographical statement accompanying an article on securities law in a legal journal (such as a Law Review or other legal publication circulated primarily to lawyers) to state that the...
72-15 72-15.pdf Continued use of the name of a retired partner in the firm name is permissible under the same circumstances as apply to use of a deceased partner's name in the firm name (Opinion 72-6).
72-14 72-14.pdf The prohibition embodied in Opinion 72-13 does not extend to a situation where the city or village attorney is appointed by a court to defend a person accused of a crime.
72-13 72-13.pdf A city or village attorney whose duties include prosecuting violations of ordinances and state statutes may not voluntarily represent anyone charged with a crime.
72-12 72-12.pdf It is not improper for a lawyer to be named as a sponsor of a community activity as long as he is not identified as a lawyer nor his business address shown in the announcement, although the practice is not to be encouraged.
72-11 72-11.pdf It is not ethical for an abstracter who is a lawyer to identify himself as a lawyer in advertisements placed in trade journals or similar publications.
72-10 72-10.pdf It is not permissible for a lawyer to put a public notice in the local newspapers stating the fact of the association of another lawyer with the firm.
72-09 72-9.pdf It is not improper for a lawyer or a law firm to make known to city and village attorneys his or its availability to act as an associate to them in the general revision and codification of ordinances for cities of the first and second classes and for villages.
72-08 72-8.pdf A practicing attorney ethically may not sell his income tax practice to another attorney. He may not ethically inform his income tax clients that his income tax business has been sold to another attorney. A practicing attorney may not sell his income tax business to a layman.
72-07 72-7.pdf Neither impropriety nor the appearance of impropriety arises where a part-time county attorney represents the estate and next of kin of a regular client, killed in an automobile accident, where he did not participate in the investigation or report of the death, as county attorney, and where the attorney, representing the opposing party, does not object to such representation by the county...
72-06 72-6.pdf It is ethically proper for a law firm to continue to include the name of a deceased partner in the firm name provided such use does not mislead the public, unless prohibited by statute or local custom. The Committee is not aware of any such statutory prohibition or local custom in Nebraska.
72-05 72-5.pdf While an attorney who operates or is interested in a lay-adjusting agency may not practice law generally, such attorney may separately and independently practice law subject to the restrictions that: (1) He may not in his law practice perform any legal service for insurance companies which utilize or might utilize the service of the adjusting agency, and (2) He cannot represent in his law...
72-04 72-4.pdf An attorney may not ethically engage in the general practice of law and at the same time own and operate an insurance investigation and adjustment business in the general area; and the ethical objections are not removed by incorporating the adjusting business and the lawyer withdrawing as an officer or director of the corporation.
72-03 72-3.pdf An attorney who is elected to the office of county judge pursuant to the provisions of LB 1032, Laws 1972, should not do income tax work during the time he holds the office of county judge.
72-02 72-2.pdf Unless the Bar Association specifically approves and participates in such a plan, the payment of attorneys' fees by means of any credit card or payment method, is not permissible.
72-01 72-1.pdf A county attorney for a county under 5,000 population may represent a private client in a determination of Nebraska inheritance tax (either with or without probate) if the county board has first appointed a special attorney to represent the interests of the county and the state prior to the determination of tax.
71-6 71-6.pdf It is ethically proper for a lawyer to retain in a safe place the original will of a client where it is done with the client's express permission or at his express request.
71-5 71-5.pdf An attorney who represented the petitioner for establishment of a guardian of the person of an alleged incompetent, and who had previously represented the incompetent, cannot properly represent the guardian so appointed in a proceeding instituted by the original petitioner to remove such guardian.
71-4 71-4.pdf A lawyer should not lease from a county judge before whom he actively practices a building owned by the judge and which the judge formerly used as a law office in an adjoining county, for the purpose of establishment by the lawyer of a branch office for the practice of law.
71-3 71-3.pdf A county attorney who represents generally a corporation and its chief officer should disqualify himself in a criminal prosecution of a vice president of the corporation for theft of trade secrets of the corporation.
71-2 71-2.pdf A law firm of which a county attorney is a member may not ethically represent clients in divorce cases involving minor children.
71-1 71-1.pdf A law firm may ethically continue to represent a defendant in the Supreme Court in error proceedings based on county attorney's exceptions notwithstanding the fact that a member of the firm is now the present county attorney.
70-1 70-1.pdf An attorney actively practicing law may not ethically specify on his letterhead, promissory note form, or on any written form, other occupations in which he is engaged.
69-5 69-5.pdf A non-resident lawyer, duly admitted to practice in Nebraska but residing in another state where he also maintains a law office, may properly establish a law office in Nebraska with another lawyer, duly admitted to practice and residing in Nebraska, provided that they are, in fact, partners and provided further that the non-resident lawyer can diligently and competently represent his clients at...
69-4 69-4.pdf An attorney who practices individually or with a firm may list his home telephone number as an alternate to his office number under his individual alphabetical listing; however, the home telephone number of firm partners and associates should not be listed as alternates under the firm name itself in the telephone directory.
69-3 69-3.pdf An attorney may share office space and the expense of overhead with a representative of a life insurance company and his agent when the only apparent benefit that will accrue to the attorney is a reduction in the expense of overhead, when their businesses are not enmeshed, when the attorney has informed the representative that he cannot recommend him as an attorney, and when the attorney will not...
69-2 69-2.pdf Although it is proper for a lawyer when requested to do so by the testator, to witness his will or, after his death, to testify as a subscribing witness thereto, it is ethically improper for him to represent, in litigation, a party either as a proponent of such will or in a contest involving this or any other will purportedly executed by the identical testator.
69-1 69-1.pdf A municipal judge who has publicly stated that he is seriously considering running for the office of mayor, and on whose behalf petitions are being circulated to obtain the necessary signatures to qualify him for filing for this non-judicial office, is an "active candidate" for a non-judicial office within the meaning of Judicial Canon 30 (Canon 7(3) of Code of Judicial Conduct).
68-4 68-4.pdf Lawyers in a firm limiting their practice to patent, copyright, and trademark law may announce the opening of a new office and the association with the firm of a registered patent attorney by sending to local lawyers only and by publishing in a local legal journal a brief and dignified announcement thereof.
68-3 68-3.pdf A lawyer may engage in selling insurance, other than life insurance, from his law office, provided that he does not advertise such insurance business in any manner; and that the volume of his law practice and insurance business is so small that separate quarters for either is not economically feasible.
68-2 68-2.pdf A Legal Aid Society may, under proper circumstances, install posters in city buses, advising poor people how to contact the Society for legal assistance, provided the posters are dignified in tone and do not mention the name of any individual lawyer.
68-1 68-1.pdf Opinions of The Advisory Committee on matters of professional ethics are limited to situations in which a lawyer seeks the opinion of the Committee as to the ethical propriety of a course of action in which he desires to engage.