Former employees of a corporate party may be interviewed by adverse counsel without the permission of corporate counsel if the former employees are not individually represented. Any such interviews should not inquire as to privileged attorney-client communications.

Opinion is limited and Opinion is rescinded. A law firm must avoid the present representation of a cause against a client of a law firm with which any present lawyer, law clerk, paralegal, secretary or other ancillary staff member was formerly associated, and which cause involves a subject matter which is the same as or substantially related to that handled by the former firm while such person...

Lawyers may not ethically participate in a finance program which purchases installment accounts and credit agreements from participating lawyers if the program is designed to be promoted to the client by the lawyer; does not provide for scrupulous observance of the lawyer's obligation to preserve confidences and secrets; and provides an incentive to increase charges to cover the plan's 10% and 20...

Non-lawyers may not, through a "900" number telephone service, provide legal advice to the public. Attorneys encouraging such an enterprise would be in violation of DR 3-101, which prohibits a lawyer from aiding a non-lawyer in the practice of law.

Since the limited liability company is a newly designated entity which, by statute, purports to afford limited liability to its members, and recognizing that our Supreme Court, in Rule I pertaining to professional service corporations, has set forth specific requirements for the organization and operation of professional service corporations mandating joint and several liability of PC...

An attorney must withdraw as counsel, pursuant to DR 5-102, once the attorney learns that he or she will be called as a witness, or it is obvious that the attorney ought to be called as a witness on behalf of a client, unless the attorney qualifies under one of the four exceptions set forth in DR 5-101 (B) (1)-(4). However, an attorney representing his or her law firm has not accepted "employment...

A County Attorney, whose husband is a police officer in the same county, is not disqualified from prosecuting a case in which the police department is involved unless the husband will be called as a witness. However, the familial relationship must be disclosed to the court, all lawyers, and the parties involved. If the husband is or may be a witness, the County Attorney may not handle the case...

An attorney must exercise his or her discretion in determining whether disclosure of a client's intention to commit a crime is necessary or permitted. In making this determination, one should look to DR 4-101 (C) to decide whether his or her factual situation fits within one of the four exceptions permitting such disclosure.

An attorney who is holding funds in trust for a client who cannot be located, should distribute those funds according to state law, after waiting the statutorily prescribed amount of time.

Rescinded by Opinion .A Deputy Public Defender may accept employment as a Deputy County Attorney in the same county if the following precautions are taken:All cases pending at the time of transition in which the attorney was substantially involved as a Deputy Public Defender must be examined by the County Attorney to assure that the attorney neither provided prejudicial information relating to...

It is ethically improper for an attorney to represent a Deputy County Attorney in a dissolution of marriage case and, at the same time, continue as guardian ad litem in Juvenile Court proceedings in which the Deputy County Attorney/client represents the interests of the State.

An attorney may not donate legal services to a nonprofit organization for sale at an auction for the benefit of the nonprofit organization.

A member of the Nebraska State Bar Association may participate in a law firm intending to engage an attorney as "of counsel" as long as the designated "of counsel" attorney and the law firm maintain a close and continuing relationship. Also, the relationship may not be formed solely for the purpose of being a forwarder and receiver of legal business and must not be allowed to evolve into such a...

A lawyer may represent a criminal defendant in a case in which the attorney's spouse was employed by the sheriff's department if no actual conflict exists, full disclosure of the relationship is made to the prospective client, and the client consents. Full disclosure would require the client to be aware of all of the pertinent facts, legal implications, and potential affects surrounding the...

Government attorneys represent only the State of Nebraska when performing child support enforcement related duties and no attorney-client relationship ever exists between the government attorney and persons served by the NDSS. The NDSS and the county or authorized attorneys have an affirmative duty to notify persons applying for services or receiving services that the legal services provided by...

If an attorney reasonably believes a client to be mentally incompetent, the attorney may disclose confidential attorney-client communications to the extent necessary to protect the best interests of the client.

As counsel for a plaintiff, an attorney may not ethically interview present or former employees of a defendant corporation if:The employees are officers or management employees, or employees whose statements may bind the corporation in a legal sense.Before interviewing present or former employees not within the category as outlined in I (a) above, plaintiff's attorney should:Identify him/herself...

One lawyer may ethically represent a defendant who has been diagnosed as having multiple-personality disorder, representing the primary personality and considering the others as symptoms of the illness, in the absence of a court order that each personality is deemed a separate person and entitled to separate counsel.

A salaried attorney-employee of a corporation (which is not a Nebraska professional corporation engaged in the practice of law) which provides financial and estate planning services or products may not ethically prepare trust agreements, wills or related estate planning documents for the corporation's customers nor for customers which may be referred to the corporation by independent insurance...

A County Attorney may ethically prosecute a second cousin in a criminal case if the County Attorney has had no social or business contact with the accused.