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...

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.

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.

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...

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...

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...

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.

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...

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.

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...

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.

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...

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.

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.

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.

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.

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.

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...

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...

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.