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: 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WITHDRAWN/RESCINDED It is not improper for an attorney, who is leaving private practice to become corporation house counsel an a full-time basis, to cooperate in a news article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...

Number: 76-11
Year: 1976
Question Presented:

It is ethically permissible for lawyers to be listed in the yellow pages of telephone directories by geographical area in addition to being listed in alphabetical order if all lawyers are so listed but failure to include all lawyers in a sub-geographical classification would not be appropriate.

Number: 76-10
Year: 1976
Question Presented:

It is not unethical for an attorney to represent the plaintiff in a contested paternity case under a reasonable contingent fee arrangement.

Number: 76-9
Year: 1976
Question Presented:

WITHDRAWN/RESCINDED A county attorney permitted to maintain a private law practice may properly participate in an interview for a newspaper article covering his duties as county attorney as one of a series of articles on law enforcement by various public officials provided no reference is made to his private practice.

Number: 76-8
Year: 1976
Question Presented:

As a general rule, an attorney is not barred from representing a subsequent client against a former client if the duties required of him do not conflict with those involved in the first employment.

Number: 76-7
Year: 1976
Question Presented:

A practicing attorney may not ethically form a corporation with other individuals to market its services to professional athletes which would include contract negotiation, financial planning, estate planning, tax return preparation, budgeting, personal appearances, product endorsements and other management functions, the legal or quasi-legal aspects of which would be handled by the attorney from...

Number: 76-6
Year: 1976
Question Presented:

It is not per se unethical for an attorney who examines titles for a savings and loan association to handle the corrective work required by his title opinion and charge the seller for such corrective work provided the seller has requested him to provide such services either directly or through the association, since this is a matter of contract law rather than ethics. The particular factual...

Number: 76-5
Year: 1976
Question Presented:

A county attorney who participated in obtaining a confession from a defendant in a murder case should not participate in the prosecution of the trial where there is a possibility he will be called as a witness pertaining to the voluntariness of the confession.

Number: 76-4
Year: 1976
Question Presented:

A lawyer desiring to develop a practice devoted to legal research in assisting other lawyers may advise other attorneys of his services by oral statement, by business cards, by mailing notice and by publishing notices in legal journals, provided no reference is made to any special competence in the field of legal research and provided any such statements, cards and notices shall refer only to his...

Number: 76-3
Year: 1976
Question Presented:

An attorney appointed by the court to represent an indigent charged with a felony involving sale of drugs is not disqualified by reason of the fact that his spouse is a member of the city council with a reputation for insistence on strict enforcement of drug laws.

Number: 76-2
Year: 1976
Question Presented:

It is improper for any attorney to appear on behalf of a client before the governing board of a public institution or to contact the administrative officials of the institution to promote collection of a judgment against the institution where the institution is represented by legal counsel without the consent of the institution's legal counsel.

Number: 76-1
Year: 1976
Question Presented:

An attorney who changes the location of his office in the community where he practices law may communicate this information by a brief professional announcement card which may be mailed to lawyers, clients, former clients, personal friends and relatives.Incidental to the opening of the new office, he may properly have an open house and serve refreshments to the invitees provided the guests are...

Number: 75-14
Year: 1975
Question Presented:

It is improper for a lawyer to prepare, cause to be prepared, or participate in the publication of news articles informing the public of his attendance at legal education seminars or programs of a similar nature.Neither the Nebraska State Bar Association nor any of its affiliated or subordinate, organizations or committees should identify in news releases any lawyers who were merely in...

Number: 75-13
Year: 1975
Question Presented:

The sharing of offices by lawyers precludes one of those who so shares with another from accepting a case which the other cannot ethically accept.

Number: 75-12
Year: 1975
Question Presented:

Lawyers holding governmental positions involving legislative duties may engage in law practice subject to the following restrictions:They may not use their official position for the special advantage of themselves or their clients as provided in Canon 8 of the Code of Professional Responsibility.They may not represent a client in any matter that is specifically reviewable by them as an official....

Number: 75-11
Year: 1975
Question Presented:

Subject to the guidelines contained in the conclusion of this opinion, an attorney may participate in seminars sponsored by either profit or non-profit organizations if the principal purpose of the seminar is to educate the public in a general way on legal issues, and such participation is permissible even though the seminar is neither connected with nor sponsored by the Nebraska State Bar...

Number: 75-10
Year: 1975
Question Presented:

It is not ethically permissible for a lawyer or a member of his firm to represent an estate where the executor is a bank of which the lawyer is a vice-president and trust officer.