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: 81-1
Year: 1981
Question Presented:

It is not unethical, per se, for an attorney to belong to a voluntary non-profit organization, which is a corporation, such as the American Legion, and still bring suit against that organization, if his position in the organization does not involve any decision making capacity such as to affect his ability to counsel with his client and exercise his free and independent expertise for his client,...

Number: 80-10
Year: 1980
Question Presented:

The impropriety of two or more lawyers holding themselves out as a partnership when they are not in fact partners, is not removed by insertion under the firm name of the words: (Not a Partnership).

Number: 80-9
Year: 1980
Question Presented:

The propriety of lawyers who formerly served on the staff of the city attorney representing clients in actions against the city depends upon the factual situation present in each case.

Number: 80-8
Year: 1980
Question Presented:

A county attorney may serve on the Board of Directors of a Legal Service Corporation operating in his county provided the principles and standards referred to in Formal Opinions 345 and 334 of the Committee on Ethics and Professional Responsibility of the American Bar Association are complied with.

Number: 80-7
Year: 1980
Question Presented:

It is not unethical per se for a lawyer, in partnership with a non-lawyer, to provide lobbying services if the practice of law is not involved.

Number: 80-6
Year: 1980
Question Presented:

An attorney's participation in a plan for furnishing prepaid legal services which limits its members in their selection of counsel, to counsel who have been furnished, selected, or approved by the plan, is unethical.

Number: 80-5
Year: 1980
Question Presented:

It is not ethical for an attorney whose law firm represents the personal representative of an estate which is selling real estate at the public auction to bid at the sale of his own behalf.

Number: 80-4
Year: 1980
Question Presented:

A lawyer should identify his location of practice under his own name or the names of the partners or some of them if there is a partnership. He should identify himself as a lawyer by the use of the words, "Law Office of", preceding his name or the use of the word "Lawyer" or the words "Attorney at Law" following his name, except that where he practices law as a "Professional Corporation", these...

Number: 80-3
Year: 1980
Question Presented:

While partner A is serving as an elected representative of an area technical college board, his partner, B, should not accept appointment as legal counsel for the board

Number: 80-2
Year: 1980
Question Presented:

An attorney is prohibited from communicating information to the society editor of the local newspaper when he attends continuing legal education seminars.

Number: 80-1
Year: 1980
Question Presented:

Rescinded by Opinion 87-1.An attorney, who in the course of representing a defendant in a criminal case, receives physical evidence from a third party which may be material to the case, has a duty to deliver such evidence to the County Attorney. Such attorney, after delivering such evidence to the County Attorney, should withdraw as counsel for the defendant upon proper application made to the...

Number: 79-8
Year: 1979
Question Presented:

An attorney member of the board of directors of a legal aid society and managing or staff attorneys of the same society may represent their respective clients against one another in an adversary proceeding or otherwise without being subject to disciplinary action under Disciplinary Rule 5-101(A) or any other provision of the Code of Professional Responsibility of the Nebraska State Bar...

Number: 79-7
Year: 1979
Question Presented:

Where a Nebraska attorney, at the request of and on behalf of his client, contacts another attorney relative to the registration of a foreign judgment, the Nebraska attorney has no personal responsibility for payment of the other attorney's fees absent an agreement to assume such responsibility.It would not be ethically proper for the Nebraska attorney to sue his client on behalf of the other...

Number: 79-6
Year: 1979
Question Presented:

It is not proper for the office of public defender to represent two criminal defendants in the same case with conflicting interests.

Number: 79-5
Year: 1979
Question Presented:

It is not improper for an attorney to permit his name to be included in the client reference section of an advertising brochure published by a company which provides analysis of medical malpractice cases and expert opinion and witness services in such cases.

Number: 79-4
Year: 1979
Question Presented:

It is improper for a lawyer to belong to a lawyer referral service, conducted by laymen, which refers clients to lawyers on a "Trade of Services" basis, solely on the basis of fee, and for which the lawyer must split the fee with a layman.

Number: 79-3
Year: 1979
Question Presented:

An attorney must not commingle a client's funds with his own.

Number: 79-2
Year: 1979
Question Presented:

An attorney or his firm may not accept litigation against a past client if such requires that the attorney contest the same issue for which he previously was an advocate in the prior litigation.

Number: 79-1
Year: 1979
Question Presented:

The county attorney may act as deputy city attorney for his partner in the practice of law who is city attorney (and conversely the city attorney may act as deputy county attorney while his partner is county attorney) except in matters between such county and city as to which there is a conflict of interest.

Number: 78-10
Year: 1978
Question Presented:

It would not be ethical for a full-time practicing attorney to simultaneously become a partner, shareholder, director or officer in a corporation established for the specific purpose of furnishing legal educational consulting, with the attorney to be an integral part of the research and consulting.