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: 72-7
Year: 1972
Question Presented:

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...

Number: 72-6
Year: 1972
Question Presented:

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.

Number: 72-5
Year: 1972
Question Presented:

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...

Number: 72-4
Year: 1972
Question Presented:

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.

Number: 72-3
Year: 1972
Question Presented:

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.

Number: 72-2
Year: 1972
Question Presented:

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.

Number: 72-1
Year: 1972
Question Presented:

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.

Number: 71-6
Year: 1971
Question Presented:

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.

Number: 71-5
Year: 1971
Question Presented:

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.

Number: 71-4
Year: 1971
Question Presented:

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.

Number: 71-3
Year: 1971
Question Presented:

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.

Number: 71-2
Year: 1971
Question Presented:

A law firm of which a county attorney is a member may not ethically represent clients in divorce cases involving minor children.

Number: 71-1
Year: 1971
Question Presented:

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.

Number: 70-1
Year: 1970
Question Presented:

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.

Number: 69-5
Year: 1969
Question Presented:

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...

Number: 69-4
Year: 1969
Question Presented:

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.

Number: 69-3
Year: 1969
Question Presented:

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...

Number: 69-2
Year: 1969
Question Presented:

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.

Number: 69-1
Year: 1969
Question Presented:

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).

Number: 68-4
Year: 1968
Question Presented:

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.