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: 78-9
Year: 1978
Question Presented:

It is not per se unethical for an attorney to represent defendants in criminal cases in a county in which a close relative of the attorney, such as a brother, sister, father or spouse, is the county attorney, whether or not the matter may be prosecuted by a deputy county attorney.

Number: 78-8
Year: 1978
Question Presented:

It is not improper for an attorney to undertake representation on a contingent fee basis to collect accrued and unpaid child support or alimony.

Number: 78-7
Year: 1978
Question Presented:

Rescinded in part by Opinion 89-7.A lawyer or a law firm may not ethically place the name of such lawyer or law firm with address and telephone number on the pamphlets that are made available by the Nebraska Bar Association for the general information of the public.

Number: 78-6
Year: 1978
Question Presented:

A lawyer is able to represent a client concerning facts which relate to a previous client of the lawyer, so long as the lawyer is able to preserve the confidences and secrets of the previous client and still maintain his independent professional judgment on behalf of the new client.

Number: 78-5
Year: 1978
Question Presented:

Modified by Opinion .An attorney who is temporarily suspended from the practice of law may not engage in any law-related activity or business including serving as a guardian, conservator or personal representative, preparing pleadings or doing research for other lawyers. He may however, continue to maintain an office providing that it is not designated as a law office and he makes use of it for...

Number: 78-4
Year: 1978
Question Presented:

The partnership name of a law firm composed of members practicing in Nebraska and other jurisdictions may include the name of a partner not licensed to practice in Nebraska if the enumeration of the members and associates of the firm on its letterhead and in other permissible listings makes clear the jurisdictional limitations on those members and associates of the firm not licensed to practice...

Number: 78-3
Year: 1978
Question Presented:

In a county where there are other attorneys qualified to represent persons accused of violating the criminal law, a Deputy County Attorney may not ethically undertake such representation, either voluntarily or by court appointment.

Number: 78-2
Year: 1978
Question Presented:

A Public Defender appointed to represent a defendant in a criminal proceeding who receives information communicated to him by his client in confidence indicating that the client is not indigent may not disclose this information to the Court or seek the Court's permission to withdraw from representation of the client on the ground that the client is not indigent.

Number: 78-1
Year: 1978
Question Presented:

It is proper for an attorney to participate in an interview at the request of a reporter from a local newspaper, with or without photographs, so long as the news article is limited to the information permitted by those of the 25 guidelines listed under DR 2-101(B) which are deemed newsworthy as distinguished from information deemed to constitute commercial advertising, and provided DR 2-101 (A)...

Number: 77-6
Year: 1977
Question Presented:

Upon the facts presented, it is not permissible for a lawyer to allow his client to communicate to present or potential customers of the client the fact that the lawyer has been retained by him.

Number: 77-5
Year: 1977
Question Presented:

It would not be proper for an attorney who, as a part time job, serves as executive director of the Nebraska County Attorneys' Association, to contemporaneously represent clients in a private practice in any of the following character of matters:Representation of a criminal defendant being prosecuted by a county attorney on behalf of the State of Nebraska;Representation of an estate in the...

Number: 77-4
Year: 1977
Question Presented:

It is not proper for an attorney to unilaterally notify a client he will be charged interest on a past due account after a date certain in the future. Interest may properly be charged only by agreement with the client.

Number: 77-3
Year: 1977
Question Presented:

It is not improper for a law firm with offices in different cities or states to use a variation in the firm name in the different locations, provided the lawyers included in the name used in each location are in fact partners.

Number: 77-2
Year: 1977
Question Presented:

Rescinded by Opinion .It would not be proper for an attorney to insert the phrase "We Accept Bankamericard" at the bottom of printed statements mailed to clients.

Number: 77-1
Year: 1977
Question Presented:

An attorney who has rendered a title opinion to a client on real estate he is purchasing, may also, with the client's consent, render a title opinion to the bank financing the purchase, and he would not subsequently be precluded from representing either party in a foreclosure proceeding which does not bring into question the validity of the legal title or the mortgage as a valid first lien,...

Number: 76-16
Year: 1976
Question Presented:

An attorney in a divorce action representing the husband who is without cash funds to pay attorney fees may not ethically take a mortgage on the husband's home executed by the husband as security for future legal services.

Number: 76-15
Year: 1976
Question Presented:

A county attorney who prior to becoming such had represented a wife in a divorce action resulting in a decree requiring child support from the husband, should not institute criminal charges against the husband for non-support, but should arrange for the county board to employ a special prosecutor to prosecute the non-support action.

Number: 76-14
Year: 1976
Question Presented:

WITHDRAWN/RESCINDED It is not improper for an attorney, who is leaving private practice to become corporation house counsel an a full-time basis, to cooperate in a news article released by the corporation employer publicizing the new position and containing biographical data and a picture.

Number: 76-13
Year: 1976
Question Presented:

It would not be proper for a county attorney permitted to have a private practice to represent a private client in an appeal from valuation of moveable personal property upon school land of the state and in litigation against the Board of Educational Land and Funds for return of money paid for a school land lease.

Number: 76-12
Year: 1976
Question Presented:

It is not improper for an attorney to contract with a federal credit union to furnish legal services to its members under the following type of arrangement:The credit union will announce to its members that any of them may call the credit union to obtain the attorney's name and telephone number in order to then call him to arrange a private appointment with him to discuss a legal matter. The...