1) Whether a conflict of interest arises when an attorney continues to represent a client in a personal injury lawsuit while the attorney and client are co-Defendants in a separate lawsuit arising out of the litigation of the personal injury lawsuit. 

2) Whether the conflict of interest arising out of the attorney’s continued representation of Plaintiff in the underlying personal injury lawsuit is waivable. 

Is it proper for a public defender's office to to represent two clients concurrently when client 1 will be informing on and/or participating in a sting operation involving client 2?

1) Can a Nebraska licensed attorney invest in a medical cannabis business in another state where the business is legal in that state?  2) If the investment by the attorney is found to violate the Rules of Professional Conduct in Nebraska, could the investment be made by the spouse of the attorney?  3) Can a Nebraska licensed attorney advise Nebraska clients on how to deal with employment issues surrounding medical cannabis where the client has employees who live in a state where cannabis is legal, but whose employees are employed in Nebraska?

1) Do Nebraska statutes and the Nebraska Rules of Professional Conduct (the “Rules”) require counsel for the Nebraska State Patrol (the “Patrol”) to provide legal advice to all Patrol employees, or only those Patrol employees not represented privately?    

2) In the case of a conflict between the Nebraska statute requiring Patrol counsel to advise the Patrol on all legal matters, and the Rules, which prevails?    

3) May Patrol attorneys advise Patrol employees in their official capacity in relation to actions undertaken in the course and scope of their duties when the employee has private representation regarding the same conduct?    

4) May private counsel direct a Patrol attorney to have no contact with a Patrol employee regarding the employee’s official duties or actions?    

5) Are Patrol attorneys inherently adverse to the personal or professional interests of Patrol employees following an in-custody death, such that the Rules prevent Patrol attorneys from advising Patrol employees, even when there is unanimity of interests between the Patrol and the employee?

1) May a deputy county attorney or a part-time county attorney represent a defendant in a criminal case alleging a violation of Nebraska law, in matters pending in other counties?    

2) May a part-time deputy county attorney represent clients in family law cases involving the support of a child?    

3) May a part-time deputy county attorney represent private clients in probate matters involving inheritance tax determinations within the county they serve?

May a person/entity or group of defendants who are parties to pending litigation in a district court lawsuit brought by a plaintiff who is a trustee of a trust recommend a list of attorneys and pay for the non-party trust beneficiaries’ legal services needed to bring a county court action to remove the trustee?

Whether the Rules of Professional Conduct prohibit a licensed attorney from seeking leave to appear as amicus curiae (friend of the court) in a civil matter before a trial court.

May a Nebraska law firm use a trade name or service mark which does not communicate the law firm’s professional entity designation (e.g., LLC or LLP)?

May an attorney transmit information relating to the representation of a client over the internet and allow for that information to be stored on, and accessed through, third-party, off-site servers (generically referred to as “the Cloud”)?

A.        May an attorney receive digital currencies such as bitcoin as payment for legal services?

B.        May an attorney receive digital currencies from third parties as payment for the benefit of a client's account?       

C.        May an attorney hold digital currencies in trust or escrow for clients?

A request has been made by a Nebraska attorney to amend or completely withdraw Nebraska Ethics Advisory Opinion for Lawyers No. 13-02.  As presently written, Opinion No. 13-02 concludes that a Nebraska Lawyer who is not licensed as a mediator under the Nebraska Parenting Act (Nebraska Revised Statutes §43-2921), should not mediate in cases involving proceedings or modifications where parenting functions are at issue (Nebraska Revised Statutes, Chapter 42 – Husband and Wife, and §§43-1401-1418 Infants and Juveniles).    

When a client file is closed, is it permissible to make an electronic copy of the file and then destroy the physical file immediately? 

May an Attorney enter directly into a contract for fees as a Guardian ad Litem with a County Board, bypassing the administrative Court Orders for Court Ordered payment, when that County Attorneys office files the original petition and represents a separate party in the case? The County Attorneys office represents the County in the contract negotiations with Attorneys who will appear as...

Whether a County Attorney may accept employment in the office of the Public Defender of the same county and, if so, what safeguards must be in place to avoid a conflict of interest in the representation of clients. Whether a lawyer, as Public Defender, represent clients in new cases that the lawyer has prosecuted in cases prior to leaving the County Attorney's office.

A Nebraska lawyer requested an opinion from the Nebraska Advisory Committee on two questions. Those questions are:May an attorney who has been elected as county attorney in one county accept appointments as guardian ad litem in another county in Nebraska?If not, does the conflict extend to other members of the attorneys private firm?

Whether an attorney who transitions from a firm engaged on one side of a litigated matter (in which the attorney had no involvement) to a firm on the other side of the same matter disqualifies the attorney and firm from continuing to represent its client in such matter?

A defense attorney may not advise a criminal defendant regarding a plea agreement which contains a waiver of the right to seek post-conviction relief on the basis of a claim of ineffective assistance of counsel.A prosecutor may not require a criminal defendant to waive rights to post-conviction relief on the basis of a claim of ineffective assistance of counsel when offering a plea agreement.

1) What must an attorney do, as a fiduciary to persons entitled to share in the estate of the deceased, to ensure that the cestui que (properly pronounced ses-tee kay, but lawyers popularly pronounce it setty kay) trust has the information necessary to enable it to protect its interests. 2) Is there an attorney-client privilege owed by the attorney that represented a decedent for estate...

May an attorney participate in a not-for-profit lawyer referral program in which the attorney pays a designated fee to participate?

Whether an attorney employed by the federal government to defend the government in employment-related matters may represent the federal government in appeals from employees regarding scheduled furloughs which also directly affect the attorney.