Lawyer Ethics Opinions

Lawyer Ethics Opinions

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.

Number: 73-12
Year: 1973
Question Presented:

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.

Number: 73-11
Year: 1973
Question Presented:

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...

Number: 73-10
Year: 1973
Question Presented:

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.

Number: 73-9
Year: 1973
Question Presented:

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...

Number: 73-8
Year: 1973
Question Presented:

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.

Number: 73-7
Year: 1973
Question Presented:

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...

Number: 73-6
Year: 1973
Question Presented:

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...

Number: 73-5
Year: 1973
Question Presented:

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.

Number: 73-4
Year: 1973
Question Presented:

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...

Number: 73-3
Year: 1973
Question Presented:

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...

Number: 73-2
Year: 1973
Question Presented:

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...

Number: 73-1
Year: 1973
Question Presented:

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...

Number: 72-15
Year: 1972
Question Presented:

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).

Number: 72-14
Year: 1972
Question Presented:

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.

Number: 72-13
Year: 1972
Question Presented:

A city or village attorney whose duties include prosecuting violations of ordinances and state statutes may not voluntarily represent anyone charged with a crime.

Number: 72-12
Year: 1972
Question Presented:

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.

Number: 72-11
Year: 1972
Question Presented:

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.

Number: 72-10
Year: 1972
Question Presented:

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.

Number: 72-9
Year: 1972
Question Presented:

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.

Number: 72-8
Year: 1972
Question Presented:

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.