Since the limited liability company is a newly designated entity which, by statute, purports to afford limited liability to its members, and recognizing that our Supreme Court, in Rule I pertaining to professional service corporations, has set forth specific requirements for the organization and operation of professional service corporations mandating joint and several liability of PC...

An attorney must withdraw as counsel, pursuant to DR 5-102, once the attorney learns that he or she will be called as a witness, or it is obvious that the attorney ought to be called as a witness on behalf of a client, unless the attorney qualifies under one of the four exceptions set forth in DR 5-101 (B) (1)-(4). However, an attorney representing his or her law firm has not accepted "employment...

A County Attorney, whose husband is a police officer in the same county, is not disqualified from prosecuting a case in which the police department is involved unless the husband will be called as a witness. However, the familial relationship must be disclosed to the court, all lawyers, and the parties involved. If the husband is or may be a witness, the County Attorney may not handle the case...

An attorney must exercise his or her discretion in determining whether disclosure of a client's intention to commit a crime is necessary or permitted. In making this determination, one should look to DR 4-101 (C) to decide whether his or her factual situation fits within one of the four exceptions permitting such disclosure.

An attorney who is holding funds in trust for a client who cannot be located, should distribute those funds according to state law, after waiting the statutorily prescribed amount of time.

Rescinded by Opinion .A Deputy Public Defender may accept employment as a Deputy County Attorney in the same county if the following precautions are taken:All cases pending at the time of transition in which the attorney was substantially involved as a Deputy Public Defender must be examined by the County Attorney to assure that the attorney neither provided prejudicial information relating to...

It is ethically improper for an attorney to represent a Deputy County Attorney in a dissolution of marriage case and, at the same time, continue as guardian ad litem in Juvenile Court proceedings in which the Deputy County Attorney/client represents the interests of the State.

An attorney may not donate legal services to a nonprofit organization for sale at an auction for the benefit of the nonprofit organization.

A member of the Nebraska State Bar Association may participate in a law firm intending to engage an attorney as "of counsel" as long as the designated "of counsel" attorney and the law firm maintain a close and continuing relationship. Also, the relationship may not be formed solely for the purpose of being a forwarder and receiver of legal business and must not be allowed to evolve into such a...

A lawyer may represent a criminal defendant in a case in which the attorney's spouse was employed by the sheriff's department if no actual conflict exists, full disclosure of the relationship is made to the prospective client, and the client consents. Full disclosure would require the client to be aware of all of the pertinent facts, legal implications, and potential affects surrounding the...

Government attorneys represent only the State of Nebraska when performing child support enforcement related duties and no attorney-client relationship ever exists between the government attorney and persons served by the NDSS. The NDSS and the county or authorized attorneys have an affirmative duty to notify persons applying for services or receiving services that the legal services provided by...

If an attorney reasonably believes a client to be mentally incompetent, the attorney may disclose confidential attorney-client communications to the extent necessary to protect the best interests of the client.

As counsel for a plaintiff, an attorney may not ethically interview present or former employees of a defendant corporation if:The employees are officers or management employees, or employees whose statements may bind the corporation in a legal sense.Before interviewing present or former employees not within the category as outlined in I (a) above, plaintiff's attorney should:Identify him/herself...

One lawyer may ethically represent a defendant who has been diagnosed as having multiple-personality disorder, representing the primary personality and considering the others as symptoms of the illness, in the absence of a court order that each personality is deemed a separate person and entitled to separate counsel.

A salaried attorney-employee of a corporation (which is not a Nebraska professional corporation engaged in the practice of law) which provides financial and estate planning services or products may not ethically prepare trust agreements, wills or related estate planning documents for the corporation's customers nor for customers which may be referred to the corporation by independent insurance...

A County Attorney may ethically prosecute a second cousin in a criminal case if the County Attorney has had no social or business contact with the accused.

Generally, an attorney may not reveal the whereabouts of a former client where such information was received during the course of and in furtherance of the professional relationship. However, the attorney may ethically divulge the whereabouts of the client where the attorney determines that it is the intention of the client to commit a crime in the future, the attorney has obtained the consent of...

Under the facts presented, a County Public Defender should not represent a defendant convicted of first-degree murder and sentenced to death in seeking to overturn the conviction and sentence in a Federal Habeas Corpus action where the grounds for relief involve alleged ineffective assistance of another lawyer in the Public Defender's office who is no longer associated with that office.

Under the facts presented, an attorney who holds stock in a corporation, is president of that corporation and negotiates and executes leases with third parties in his corporate capacity, is precluded from representing the corporation in a suit involving one of the leases where it is likely that the attorney or a member of his firm will be called as a witness. Other attorneys in the lawyer's firm...

A lawyer may send a "canned" newsletter to clients and nonclients provided the lawyer follows the guidelines set forth in DR 2-101, the newsletter is not false or misleading, and the lawyer properly identifies the author of the newsletter if it is not written by the lawyer. Opinion No. is hereby rescinded to the extent inconsistent herewith.