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: 11-03
Year: 2011
Question Presented:

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.

Number: 11-02
Year: 2011
Question Presented:

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...

Number: 11-01
Year: 2011
Question Presented:

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...

Number: 10-06
Year: 2010
Question Presented:

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.

Number: 10-05
Year: 2010
Question Presented:

Whether or not there is a conflict of interest in representing both the driver and the passenger in a rear end automobile accident?

If the plaintiff driver is found to be not contributorily negligent would that eliminate any conflict (apparently assuming time for appeal has run)?

If the plaintiff driver is found to be contributorily negligent, would that necessitate removal from the first and/or second case?

Number: 10-04
Year: 2010
Question Presented:

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...

Number: 10-03
Year: 2010
Question Presented:

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.

Number: 10-02
Year: 2010
Question Presented:

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...

Number: 10-01
Year: 2010
Question Presented:

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.

Number: 09-10
Year: 2009
Question Presented:

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.

Number: 09-09
Year: 2009
Question Presented:

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.

Number: 09-08
Year: 2009
Question Presented:

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...

Number: 09-07
Year: 2009
Question Presented:

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 .

Number: 09-06
Year: 2009
Question Presented:

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.

Number: 09-05
Year: 2009
Question Presented:

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...

Number: 09-04
Year: 2009
Question Presented:

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...

Number: 09-03
Year: 2009
Question Presented:

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...

Number: 09-02
Year: 2009
Question Presented:

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.

Number: 09-01
Year: 2009
Question Presented:

An attorney is required to promptly notify a client upon receipt of funds in satisfaction of the clients judgment, and to disburse those funds expeditiously at the direction of the client, despite the opposing partys pending appeal of the judgment.

Number: 08-03
Year: 2008
Question Presented:

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.