Nebraska Supreme Court Lawyers' Advisory Committee Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Nebraska Supreme Court Lawyers' Advisory Committee, with full citations and source links on every page.
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May a Nebraska county attorney advise a county civil officer who is represented on the same matter by additional county counsel without that lawyer's consent?
Yes, on the opinion's facts. Rule 4.2's authorized-by-law exception permits the county attorney to advise the civil officer under Neb. Rev. Stat. § 23-1203, so additional counsel's consent or…
May Nebraska court-appointed counsel publicly e-file an itemized fee statement without violating client confidentiality?
Filing does not violate Rule 1.6 per se because court rules create a narrow exception, but entries must be minimal and general. Counsel must protect confidential communications, work product,…
May a Nebraska lawyer continue a client's personal-injury case while the lawyer and client are codefendants in a separate suit seeking repayment of settlement funds?
The separate suit creates a personal-interest conflict because the lawyer's financial exposure may affect settlement advice. On the opinion's narrow facts, the conflict is waivable through written…
May one Nebraska public defender office represent both an informant client and the client targeted by that informant's cooperation or sting operation?
No. The clients are directly adverse and the conflict is not waivable. If the target is not yet a client, the office should decline that appointment before any meeting or communication with the…
May a Nebraska lawyer refer a client to a life-insurance or financial-products agent and split the resulting commission?
No on the generic facts presented. The lawyer's commission interest conflicts with the client's need for independent advice, and referrals for life insurance, annuities, or similar products…
May a Nebraska firm represent clients before an agency or commission led by a public official who remains associated with the firm?
Often yes if the official fully recuses, has no access to matter information, and receives no direct or indirect financial benefit. Representation is barred when recusal is impossible or ineffective…
May Nebraska lawyers CC or BCC clients on emails to opposing counsel, and may receiving counsel use reply all?
CC requires the client's informed consent to disclose the email address; BCC is permitted but discouraged. CC creates a rebuttable presumption that opposing counsel may reply all within the initial…
May a Nebraska lawyer invest in a medical-cannabis business operating legally in another state and advise Nebraska employers about cross-border employee use?
The majority permits a passive out-of-state investment and Nebraska employment advice, subject to continued Rules compliance and unchanged federal enforcement policy; a dissent would prohibit the…
May Nebraska State Patrol counsel advise an employee about official conduct when private counsel represents that employee regarding the same facts?
Yes. State law authorizes and requires Patrol counsel to advise the agency on all legal matters, including employee official conduct, so private counsel cannot bar that limited contact. Dual or…
What private matters may a Nebraska part-time county attorney handle, and when may another lawyer in the same firm represent interests adverse to the state?
The county attorney may not defend Nebraska criminal charges or handle child-support matters, and may handle a local probate only after special county counsel is appointed for inheritance tax.…
May Nebraska defendants recommend lawyers and pay counsel for nonparty trust beneficiaries seeking to remove the trustee who sued those defendants?
Yes, if beneficiary counsel has no disqualifying conflict, obtains written informed consent identifying the interested payors and risks, preserves confidentiality, and allows no payor interference…
May a Nebraska lawyer seek leave to appear as amicus curiae in a civil matter before a trial court?
Yes. Trial-level amicus participation is ethically permissible if the court grants leave and the lawyer complies with all professional-conduct duties, including conflicts, candor, tribunal rules,…
May a Nebraska law firm use a trade name that omits its LLC, LLP, or other professional-entity designation?
Yes, if the trade name complies with Rules 7.1 and 7.5 and the materials also state the firm's professional designation or legal name so the communication does not misleadingly imply a different…
May a Nebraska lawyer transmit and store client information through third-party cloud or software-as-a-service systems?
Yes, if the lawyer makes reasonable efforts to prevent unauthorized access, maintain confidentiality, and protect against loss, breaches, business interruption, vendor failure, and other technology risks.
May a Nebraska lawyer accept digital currency for fees or hold it in trust or escrow?
Yes, subject to safeguards. Earned fees should be converted immediately at an objective market rate, third-party payors must be identified, and digital currency held for others requires a separate…
May a Nebraska lawyer who lacks Parenting Act mediator training privately mediate custody or parenting matters?
The lawyer is not categorically barred when no court proceeding or modification has been filed. In a filed case, Parenting Act training may be mandatory unless the parties agree to the private…
May a Nebraska lawyer scan a closed client file and immediately destroy the paper copy?
Yes. The Rules do not require a paper copy, but the lawyer must consider the client's interests and expectations, original documents, future evidentiary needs, access, and confidentiality before…
May a Nebraska guardian ad litem contract with a county for flat-fee payment when the county attorney negotiates the contract and appears in the juvenile cases?
Yes, unless the financial arrangement creates a significant risk of materially limiting the representation. Any resulting conflict is nonconsentable, and billing detail must not disclose information…
May a Nebraska deputy county attorney become public defender in the same county and later defend people the lawyer previously prosecuted?
Yes, but the lawyer is disqualified from matters personally and substantially handled as prosecutor unless written consent is obtained. Other office lawyers are not automatically disqualified if…
May a Nebraska county attorney or another lawyer in the county attorney's private firm serve as guardian ad litem in a juvenile case in another county?
No. Because the county attorney represents Nebraska and the state is a party to juvenile cases statewide, the conflict applies in every county and is imputed to the private firm. Private civil…
Does a Nebraska lawyer's move to the opposing firm disqualify the lawyer or new firm when the lawyer had no involvement or confidential information in the case?
No. Without actual knowledge of protected information material to the matter, neither the moving lawyer nor the new firm is disqualified, but the lawyer or firm resisting disqualification bears the…
May Nebraska defense counsel advise a client to accept a plea agreement waiving ineffective-assistance claims, or may a prosecutor demand that waiver?
No. Defense counsel has a nonwaivable personal-interest conflict when advising on a waiver of claims attacking counsel's own work, and a prosecutor may not induce that Rules violation by requiring…
Must a Nebraska estate lawyer disclose a power-of-attorney beneficiary change to a charitable trust, and does the deceased client's privilege bar disclosure?
The lawyer must fully disclose material facts needed to protect the trust, including the changed retirement-account designation and relevant estate-plan facts. Section 27-503 removes privilege on…
May a Nebraska lawyer pay an enrollment fee and a percentage of earned fees to a nonprofit bar lawyer-referral program?
Yes. Rule 7.2 permits the usual charges of a nonprofit lawyer-referral service, and the proposed program qualified because receipts would fund operations or public-service activities rather than bar…
May a furloughed Nebraska government lawyer defend the government in employee appeals challenging the same furlough?
The shared financial impact creates a likely personal-interest conflict. The lawyer may proceed only if every Rule 1.7(b) condition is met, including written informed client consent and an…
May a Nebraska lawyer continue representing a detained client after learning that government authorities may have monitored earlier consultations?
Yes, if the lawyer takes reasonable precautions, reasonably concludes future communications are not being monitored, fully explains risks and alternatives, and obtains the client's informed consent…
Does transferring a Nebraska law practice to an existing associate trigger Rule 1.17, and may a selling lawyer continue practicing or serve as of counsel?
A transfer to an existing associate or owner is not a Rule 1.17 sale. Even after a covered third-party sale, Nebraska does not require the seller to stop practicing, so continued practice or an…
Under Nebraska Ethics Opinion 13-02, may an experienced lawyer without Parenting Act training mediate cases involving parenting functions?
As originally issued, the opinion said no because the Parenting Act's training requirements define who may mediate those matters. Opinion 17-02 later modified this holding, especially for private…
May a Nebraska workers' compensation lawyer withhold client proceeds to repay a lawsuit-funding company?
The Committee does not interpret whether Neb. Rev. Stat. § 48-149 prohibits the withholding. If it does, the lawyer may not honor the funding lien even at the client's request or when the lawyer…
May a Nebraska lawyer serve simultaneously as part-time county attorney in one county and chair of another county's mental health board?
Yes. Both roles act on behalf of Nebraska and do not create a concurrent conflict when performed in separate counties for different individuals, but the lawyer may not prosecute a petition before…
May a Nebraska lawyer disclose client information to defend against a federal agency's civil fraud claim involving the lawyer and clients?
Yes, to the extent the lawyer reasonably believes disclosure is necessary for the defense. The lawyer must limit adverse information to what is needed and seek protective orders or other practical…
May a Nebraska lawyer sue a former developer client over subdivision covenants the lawyer previously advised on, and does a settlement-only waiver permit the representation?
No. The covenant advice and later enforcement suit are substantially related, and the former client's counsel's email was not informed written consent. A limited waiver also cannot be expanded…
May a Nebraska lawyer with a contractual retaining lien refuse to release a former client's file until unpaid fees are paid?
A retaining lien may exist under law or agreement, but the lawyer must promptly provide file materials the client is entitled to when withholding them would jeopardize continued representation.…
May a Nebraska lawyer represent trustees who are also beneficiaries in a dispute with another beneficiary over a trust amendment?
Yes. The lawyer represents the trustees, not the contesting beneficiary, and no adversity or material limitation among the lawyer's own clients was shown. The trustees' personal beneficial interests…
How long must a Nebraska successor trustee retain a deceased lawyer's client files, and what efforts are required to locate clients before destruction?
The opinion says client files may be destroyed after five years. It urges consideration of the earlier guidance on client property, future use, and confidentiality; efforts to contact clients should…
When may a Nebraska bankruptcy lawyer disclose a client's or former prospective client's concealed inheritance or asset, and when does candor require disclosure?
Rule 1.6 permits necessary disclosure to prevent a future crime or comply with other law, but not merely to reveal a completed crime. Rule 3.3 requires remediation only for counsel in the proceeding…
May a Nebraska court staff attorney communicate with represented litigants about court information, settlement paperwork, scheduling, or mediation without their lawyers' consent?
Yes, when the staff attorney is serving the court as a neutral and is not representing a client in the matter. Rule 4.2 applies only in representing a client; the answer reverses if the lawyer…
May Nebraska lawyers use client testimonials in advertising, including anonymous or subjective statements?
Yes, if the advertisement is not false or inherently misleading and complies with every applicable Rule. Potentially misleading content may require accurate disclosures or disclaimers, while…
May a Nebraska lawyer sell discounted prepaid legal services through Groupon when the website retains a percentage of the purchase price?
Yes, if the percentage is reasonable advertising compensation and the offer is clear and labeled advertising. Advance funds stay in trust, no relationship forms before conflicts review, and the full…
May a Nebraska lawyer serving on a county board defend criminal cases against that county attorney, and may other lawyers in the firm do so?
No. The board's budget authority over the county attorney creates a nonwaivable conflict for criminal defense in that county, and Rule 1.10 imputes it to the lawyer's firm. The restriction does not…
May one Nebraska law firm use different trade names and different lawyer listings for offices in separate cities?
Yes, if each name accurately identifies lawyers associated with the firm and the firm clearly explains that the differently named locations are offices of one firm. Both names and office-specific…
May an out-of-state lawyer represent a party in a Nebraska arbitration without pro hac vice admission?
Yes, on a temporary basis when the arbitration arises from or is reasonably related to the lawyer's practice where admitted. Pro hac vice admission is needed only for court-annexed arbitration or…
May a Nebraska guardian ad litem disclose former minor-client information to a legislative committee investigating child welfare?
Not voluntarily. The lawyer must assert every nonfrivolous privilege or other protection and may disclose only when a legislative subpoena and contempt authority make compliance necessary after…
Is a Nebraska state agency's legal department disqualified when one agency lawyer serves on the board of an advocacy group opposing the agency in a hearing?
No. Any personal conflict of the board-member lawyer is not automatically imputed to other government counsel. Prompt disclosure, screening, protection of agency information, and recusal from…
May a Nebraska prosecutor handling death-in-custody grand juries also serve on the Jail Standards Board?
Yes, absent a case-specific material-limitation conflict. The prosecutor must remain an advocate, may not become a witness or personally vouch for board facts, and must withdraw if unique…
May a Nebraska lawyer work full time as an insurance agent while also providing legal services to insurance customers and others?
Yes, if the insurance business does not feed or solicit the law practice, the lawyer does not advertise lawyer status to attract insurance customers, conflicts are avoided, dual roles are explained,…
May a suspended Nebraska lawyer work as a paralegal or represent clients before a federal immigration agency?
The suspended lawyer may perform only supervised preparatory paralegal work with clear client disclosure and no legal advice or unsupervised contact. Federal agency representation is permitted only…
May a Nebraska government lawyer advise an agency on statutes the lawyer previously challenged for private clients?
Yes, with agency consent, if the work is general statutory interpretation rather than the same specific-party matter, former-client information remains protected, and the lawyer is screened from the…
May one Nebraska lawyer represent both the driver and passenger injured in the same automobile accident?
Only if the passenger will not claim against the driver or the driver's insurer, the lawyer makes a searching conflict inquiry, and both clients give informed written consent; a third-party claim…
When may a Nebraska lawyer be called 'of counsel,' and may a retired partner's name remain in a firm name after the lawyer resumes a separate practice?
An 'of counsel' designation requires close, regular, continuing contact for consultation and advice. A retired partner's name may remain while the lawyer is retired, but not after the lawyer resumes…
May a Nebraska lawyer advertise on a website designed for people seeking Social Security benefits?
Yes. Internet advertising is permitted if it is not false, misleading, or overreaching, the lawyer pays only permissible advertising charges, and the communication carries the required advertising label.
May a Nebraska lawyer accept a juvenile-court appointment when the lawyer's spouse works for DHHS as a child and family services worker?
Usually yes if the spouse has no involvement in the case and the lawyer's judgment is unaffected, with disclosure recommended. The lawyer should decline or withdraw if the spouse may be a material…
May a Nebraska lawyer modify an existing contingent-fee agreement to charge a higher fee after circumstances change?
Yes, if the modified fee remains reasonable, the changed basis or rate is communicated, and the fully informed client agrees; on the facts presented, increasing the fee from $1,632.17 to $4,000 was…
How should a Nebraska lawyer balance confidentiality and candor when an undocumented workers' compensation client previously used a false Social Security number?
The lawyer must protect the client's status but may not use the false number. The opinion permits writing 'Intentionally left blank' on the court form; if the court then requires disclosure, the…
Must a Nebraska lawyer disclose a client-witness's life-threatening health condition to opposing counsel when the condition is not at issue?
No, absent informed client consent or valid compulsory process after the lawyer pursues available protections. The lawyer must not mislead, and should object or seek a protective order if the…
May a part-time Nebraska city or village attorney, or another lawyer in the firm, accept juvenile guardian ad litem appointments?
Yes, absent a matter-specific conflict. Extra care is required for proceedings originating in the represented municipality, particularly when city officials investigated the case or municipal duties…
May a Nebraska county attorney vote to remove a participant from drug court when removal may lead to a probation-revocation prosecution?
Yes. The prosecutor represents the state throughout the collaborative drug-court process, not the participant, and voting on removal is part of that role even if the case returns to the prosecutor's…
Is a Nebraska firm disqualified when a new associate's former firm briefly represented the opposing spouse, but the associate learned nothing about that matter?
No. Rule 1.9(b) disqualifies a lateral lawyer and new firm only when the lawyer actually acquired material protected information and the matters meet the rule's relationship requirements; those…
May a Nebraska lawyer use a discount coupon in a mass mailer or market services from a booth at a business exposition?
A mass-mail coupon must carry the required advertising notice and use clear, nonmisleading terms. A business-expo booth is allowed if visitors initiate contact and no coercive or deceptive tactics…
When did Nebraska's 2009 advertising rules require a law-firm newsletter to say 'This is an advertisement,' especially when emailed as an attachment?
No label was required for current clients, former clients, or people who requested the newsletter. When required for an emailed attachment, the notice belonged in the subject line and at the end of…
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Legal ethics opinions from the Nebraska Supreme Court Lawyers' Advisory Committee interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.