Could a Nebraska county attorney or firm represent a client in a divorce involving children in another county?
Apply this to your situation
This page answers the general question as of 1974. Ask about yours and see what the current Nebraska Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee had previously prohibited a county attorney from handling certain divorces involving minor children. That prohibition arose because the county attorney might later act officially in a prosecution for failure to pay child support resulting from the divorce.
Opinion 74-12 limited that earlier rule geographically. When the divorce action arose in a different county, the committee concluded that the identified prosecution concern could not arise for the inquiring county attorney.
The county attorney, or a member of the attorney's law firm, therefore was free under this opinion to represent a client in the out-of-county divorce.
Currency note
This opinion was issued in 1974, before Nebraska's adoption of the 2005 Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement.
Common questions
Q: Did the opinion concern divorces involving minor children?
A: Yes. Its conclusion expressly addressed divorces involving minor children.
Q: Why did the committee distinguish another county?
A: The prior prohibition rested on the possibility that the county attorney could later prosecute a failure to pay child support arising from the divorce. The committee said that reason could not arise when the divorce was in a different county.
Q: Did the conclusion also cover members of the county attorney's firm?
A: Yes. The question and conclusion addressed both the county attorney and members of the attorney's law firm.
Background and rules framework
The opinion interpreted Nebraska Advisory Opinion 71-2, as amended by Opinion 74-1. It did not cite a particular disciplinary rule.
Citations and references
Other opinions cited:
- Nebraska Advisory Opinion 71-2
- Nebraska Advisory Opinion 74-1
See also
- Nebraska Ethics Op. 76-15: County attorney and former divorce matter
- Nebraska Ethics Op. 15-02: County attorney as guardian ad litem
- Nebraska Ethics Op. 78-3: Deputy county attorney and criminal defense
Source
- Landing page: Nebraska lawyer ethics opinions archive
- Original PDF: Nebraska Ethics Advisory Opinion 74-12
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Nebraska Ethics Advisory Opinion for Lawyers No. 74-12
THE PROHIBITION AGAINST A COUNTY ATTORNEY EMBODIED IN ADVISORY OPINION No. 71-2 (AS AMENDED BY ADVISORY OPINION No. 74-1) DOES NOT EXTEND TO DIVORCE ACTIONS INVOLVING MINOR CHILDREN IN COUNTIES OTHER THAN THAT IN WHICH HE IS THE COUNTY ATTORNEY.
The Committee has been asked if a County Attorney or a member of his law firm can represent clients in a divorce action involving minor children which arise in a county other than that in which he is the County Attorney.
The reason for the prohibition found in 71-2 is that the County Attorney may become involved in his official capacity in prosecutions for failure to pay child support resulting from the divorce action. This reason cannot arise if the divorce action is in a different county; hence, the County Attorney in question is free to represent a client in such divorce action.
Nebraska Ethics Advisory Opinion for Lawyers No. 74-12
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