Could a Nebraska lawyer lease courtroom and office space for use by a county judge before whom the lawyer practiced?

Plain-English summary

A practicing lawyer owned a former bank building, used part of it as a law office, and regularly appeared before a county judge who had previously occupied the building. The county board wanted to lease space from the lawyer for the judge's office and courtroom.

Nebraska Opinion 71-4 had prohibited a direct lease between a lawyer and a county judge before whom the lawyer actively practiced. That rule rested on former EC 9-6's direction to avoid both impropriety and its appearance.

The committee distinguished the county's proposed lease. It found no reasonable basis to prohibit the lawyer from entering a real-estate transaction with the county board, even though the county would provide the space to the judge.

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 Treat this page as historical context, not current guidance.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: Could the lawyer lease the space directly to the judge?

A: No. The opinion reaffirmed the prohibition on a direct lease with a judge before whom the lawyer actively practiced.

Q: Could the lawyer lease the same space to the county?

A: Yes. The committee allowed a lease with the county board for ultimate use as the judge's office and courtroom.

Q: Did the lawyer's own office in the building change the result?

A: That was part of the stated facts, but the committee still approved the lease to the county board.

Background and rules framework

Former EC 9-6 required lawyers to avoid professional impropriety and its appearance. Opinion 74-4 applied that principle and Nebraska Opinion 71-4 to distinguish a prohibited direct financial relationship with the judge from a permitted lease to the county.

Citations and references

Former Nebraska Code of Professional Responsibility:

• EC 9-6

Other opinions cited:

• Nebraska Advisory Opinion 71-4

See also

• Oregon Ethics Op. 2005-75: Lawyer-judge financial relations
• Nebraska Ethics Op. 07-03: Judge's spouse and firm disqualification
• ABA Formal Op. 488: Judicial relationships and disqualification

Source

• Landing page: Nebraska lawyer ethics opinions archive
• Original PDF: Nebraska Ethics Advisory Opinion 74-4

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Nebraska Ethics Advisory Opinion for Lawyers No. 74-4

A LAWYER SHOULD NOT LEASE OFFICE AND COURT- ROOM SPACE (IN A BUILDING OWNED BY AND PARTIALLY OCCUPIED AS AN OFFICE BY THE LAWYER) TO A COUNTY JUDGE BEFORE WHOM THE LAWYER ACTIVELY PRACTICES. HOWEVER, A LAWYER MAY LEASE SUCH OFFICE AND COURT-ROOM SPACE TO THE COUNTY, WHICH IN TURN INTENDS TO MAKE THE SPACE AVAILABLE TO THE COUNTY JUDGE.

CODE PROVISIONS INTERPRETED:

E.C. 9-6. "Every lawyer owes a solemn duty...to strive to avoid not only professional impropriety but also the appearance of impropriety."

Opinion No. 71-4 of the Advisory Committee prohibiting a lawyer from leasing office space from a County Judge before whom the lawyer actively practices.

FACTUAL SITUATION

A practicing lawyer was recently appointed County Judge and he officed for many years in a bank building which was subsequently sold to another attorney who now occupies part of the bank building as his law office and who also purchased the law office assets from the County Judge. The County Board wishes to lease space in the building from the lawyer in order to provide office and court-room space for the County judge.

QUESTION

Is it ethically proper for the lawyer to lease said space to the County for office and court-room use by the County Judge?

DISCUSSION

The previously cited Opinion 71-4 prohibited direct leasing arrangements between the lawyer and the County Judge before whom the lawyer actively practiced. The question presented here is whether the lawyer should he penalized under E.C. 9-6 to the extent of prohibiting him from leasing to the County Board for ultimate use by the Judge. Although the appearance of impropriety must be avoided, we can find no reasonable basis for prohibiting the lawyer from entering into a real estate lease transaction with the County Board under these circumstances.

CONCLUSION

The Committee believes that the lawyer should be permitted to enter into a lease with the County Board for use as an office and court room for the County Judge.

Nebraska Ethics Advisory Opinion for Lawyers No. 74-4