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: 14-03
Year: 2014
Question Presented:

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.

Number: 14-02
Year: 2014
Question Presented:

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...

Number: 14-01
Year: 2014
Question Presented:

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

Number: 13-05
Year: 2013
Question Presented:

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.

Number: 13-04
Year: 2013
Question Presented:

Does a lawyer violate rules of professional conduct if he continues to represent a criminal defendant, including consultations with his client, after learning that law enforcement authorities may have eavesdropped on previous consultations?

Number: 13-03
Year: 2013
Question Presented:

I. Whether Neb. Ct. R. Prof. Cond. 3-501.17 of the Nebraska Rules of Professional Conduct applies when a Nebraska lawyer or law firm sells a law practice to an existing associate employee.II. Under circumstances in which Neb. Ct. R. Prof. Cond. 3-501.17 applies to the sale of a law practice to a third party, whether the selling attorney may continue to be engaged in the private practice of law...

Number: 13-02
Year: 2013
Question Presented:

Whether a Nebraska Lawyer who is otherwise highly trained and experienced in mediating in Nebraska and elsewhere is subject to the requirements of the Nebraska Parenting Act which would require that attorney to comply with the Parenting Act and receive additional training and certification.

Number: 13-01
Year: 2013
Question Presented:

Whether or not a Nebraska attorney may withhold a portion of workers compensation proceeds in order to honor a lien on behalf of a third-party who has advanced funds to the client is dependent on an interpretation of Neb. Rev. Stat. 48-149. However, if the withholding of proceeds does violate 48-149, a lawyer may not ethically honor the lien.

Number: 12-12
Year: 2012
Question Presented:

Which rules of professional conduct apply to a lawyer who serves as an elected part-time county attorney in one county, and at the same time serves as an appointed chair of the mental health board in another county?

Number: 12-11
Year: 2012
Question Presented:

Whether the disclosure of certain documents generated in the course of an attorney/client representation, involving information which may be confidential and subject to the attorney/client privilege, can be disclosed by the attorney in defense of fraud allegations in a lawsuit by a third party government agency without violating the Nebraska Rules of Professional Conduct.

Number: 12-11
Year: 2012
Question Presented:

Whether the disclosure of certain documents generated in the course of an attorney/client representation, involving information which may be confidential and subject to the attorney/client privilege, can be disclosed by the attorney in defense of fraud allegations in a lawsuit by a third party government agency without violating the Nebraska Rules of Professional Conduct.

Number: 12-10
Year: 2012
Question Presented:

Whether the requesting attorney represented a former client in a matter that is substantially related to a lawsuit where the requesting attorney represents new clients that are suing the former client. Whether the former clients partial waiver of the claimed conflict of interest (limited to allowing the requesting attorney to continue representation for settlement negotiations but not in the...

Number: 12-09
Year: 2012
Question Presented:

What are the lawyers ethical duties to release the clients file when the law firm has a written express consent for the firm to acquire a lien on the file to secure the lawyers fees or expenses?

Number: 12-08
Year: 2012
Question Presented:

How do the conflict of interest rules apply when a lawyer represents a trustee of an express trust in a contested matter with a beneficiary of the trust?

Number: 12-07
Year: 2012
Question Presented:

Are the guidelines provided in Nebraska Ethics Advisory Opinion No. 88-3 stillapplicable?What guidelines are applicable to files held by a trustee appointed pursuant to Neb. Ct. R. 3-328?What reasonable efforts should be made to contact clients whose files do not obtainupdated contact information?

Number: 12-06
Year: 2012
Question Presented:

Whether, in a Bankruptcy Court setting, a lawyer may, or has any duty to disclose the following confidential client information to the court or other proper person: That his client the debtor after filing for Bankruptcy became entitled to an inheritance which client should report to the court, but refuses to do so, which facts the attorney learned from the client after discharge in Bankruptcy had...

Number: 12-05
Year: 2012
Question Presented:

May staff attorneys employed by a court communicate with a person known to be represented by another lawyer in matters the staff attorney is working on?

Number: 12-04
Year: 2012
Question Presented:

What are the current ethical standards regarding use of testimonials in advertising by lawyers?

Number: 12-03
Year: 2012
Question Presented:

Is it permissible for an attorney to utilize Groupon Advertising where the fee for services to be provided is shared between the attorney and the web provider?

Number: 12-02
Year: 2012
Question Presented:

Does ethics Advisory Opinion No. 75-4 still control? How does election to the County Board affect other members of a law firm? Are there any potential remedies to disqualification which may exist? How extensive is any disqualification?