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: 75-5
Year: 1975
Question Presented:

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.

Number: 75-4
Year: 1975
Question Presented:

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.

Number: 75-3
Year: 1975
Question Presented:

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...

Number: 75-2
Year: 1975
Question Presented:

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.

Number: 75-1
Year: 1975
Question Presented:

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.

Number: 74-12
Year: 1974
Question Presented:

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.

Number: 74-11
Year: 1974
Question Presented:

RESCINDED BY 78-1It 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.

Number: 74-10
Year: 1974
Question Presented:

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.

Number: 74-9
Year: 1974
Question Presented:

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.

Number: 74-8
Year: 1974
Question Presented:

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...

Number: 74-7
Year: 1974
Question Presented:

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...

Number: 74-6
Year: 1974
Question Presented:

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...

Number: 74-5
Year: 1974
Question Presented:

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...

Number: 74-4
Year: 1974
Question Presented:

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.

Number: 74-3
Year: 1974
Question Presented:

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...

Number: 74-2
Year: 1974
Question Presented:

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.

Number: 74-1
Year: 1974
Question Presented:

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...

Number: 73-15
Year: 1973
Question Presented:

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.

Number: 73-14
Year: 1973
Question Presented:

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.

Number: 73-13
Year: 1973
Question Presented:

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.