Could a Nebraska lawyer also practice clinical psychology from the same office and advertise both professions?

Plain-English summary

A lawyer who was also a clinical psychologist asked whether both professions could be practiced together and listed on legal letterhead.

The committee allowed the dual practice from one office or separate offices and even allowed the same person to receive both types of service, if the professional capacity was always clear.

Legal and psychological files and records had to remain separate, with legal confidentiality protected. The professional had to explain whether a person was being served as a legal client or psychology patient.

The lawyer could not use psychology patients as a channel for improper legal solicitation or accept legal work produced by unsolicited advice to obtain counsel or take legal action.

The lawyer-witness rule also required caution because psychological services could make the lawyer a necessary witness in related litigation. After deletion of former DR 2-102(E), the committee allowed accurate dual-profession descriptions on legal letterhead, signs, cards, and publications.

Currency note

This opinion was issued in 1983, before Nebraska's adoption of the 2005 Rules of Professional Conduct. Subsequent dual-profession, ancillary-business, privacy, health-record, solicitation, advertising, and lawyer-witness rules or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. The 2005 adoption date is stated in Nebraska Ethics Advisory Opinion 06-12.

Common questions

Q: Could both professions operate from one office?

A: Yes.

Q: Could one person be both patient and legal client?

A: Yes under the opinion, if the roles were clearly distinguished and legal ethics duties were satisfied.

Q: Could psychology patients be solicited for legal work?

A: No through improper solicitation or unsolicited legal advice.

Q: Could both credentials appear on letterhead?

A: Yes, after the former prohibition on dual-profession indications was deleted.

Background and rules framework

The committee permitted a nonlaw-related second profession while requiring functional separation, clear communications, confidentiality, proper client acquisition, and attention to potential witness status.

Citations and references

Former Nebraska Code of Professional Responsibility:

• Former DR 2-102(E), deleted before the opinion
• Lawyer-solicitation, confidentiality, and lawyer-witness provisions discussed in the opinion

See also

• New York Ethics Op. 406: Lawyer as private investigator
• Michigan Ethics Op. RI-212: Dual-profession credentials on letterhead
• Ohio Ethics Op. 1988-023: Of counsel and dual-profession letterhead

Source

• Landing page: Nebraska lawyer ethics opinions archive
• Original PDF: Nebraska Ethics Advisory Opinion 83-3

Original opinion text

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

Nebraska Ethics Advisory Opinion for Lawyers No. 83-3

A LAWYER ETHICALLY MAY PRACTICE LAW AND A SECOND PROFESSION, NOT LAW RELATED, FROM THE SAME OFFICE, OR DIFFERENT OFFICES, IF THE DISTINCTION BETWEEN SERVICES AS A LAWYER AND SERVICES IN THE OTHER PROFESSION IS MADE CLEAR, AND THE LAWYER OTHERWISE COMPLIES WITH THE CODE WITH RESPECT TO PROVIDING LEGAL SERVICES; AND THE LAWYER MAY INDICATE THE DUAL PRACTICE OF THE TWO PROFESSIONS ON HIS LAW OFFICE LETTERHEAD, LAW OFFICE SIGN, LEGAL PROFESSIONAL CARD AND A PUBLICATION IN CONNECTION WITH THE OTHER PROFESSION.

QUESTION PRESENTED

A lawyer who is also a clinical psychologist requests an advisory opinion as to the ethical considerations involved in his dual practice of law and psychology, under the Code of professional Responsibility, as adopted and amended by the Supreme Court of Nebraska (Code); and whether he may indicate that dual practice on his law office letterhead.

DISCUSSION

A lawyer may ethically practice law and a second occupation, not law related, if he or she complies with the Code. Therefore, you may ethically practice psychology and law from the same office, or different offices, and may, subject to the other limitations of the Code, serve the same patient/client as both psychologist and lawyer, if the distinction between service as a psychologist and service as a lawyer is made clear, and you otherwise comply with the Code with respect to providing services as a lawyer and the furnishing of legal advice.

The Committee, however, calls your attention to the necessity to maintain legal files and records separate from psychological files and records, and to maintain the confidentiality of the legal files and records; the necessity of making it clear to a patient or client the capacity in which you are serving the client or patient; the rules of the Code which would prohibit you, when dealing with patients who are not clients, from soliciting employment as a lawyer, or accepting employment as a result of unsolicited advice to patients to obtain legal counsel or take legal action; and the Code prohibition against accepting employment in contemplated or pending litigation, if you know, or it is obvious that you ought to be called as a witness (subject to only limited exceptions), which is a situation likely to arise where psychological service has a bearing on a legal matter.

Lastly, before recent amendments to the Code by the Supreme Court of Nebraska with reference to lawyer advertising, DR 102(E) prohibited indicating the dual practice of two professions on the lawyer's letterhead, law office sign, legal professional card and any publication in connection with the other profession. At the time of these amendments, however, DR 102(E) was deleted. Therefore, in the opinion of the Committee the former restrictions of DR 102(E) no longer are applicable.

Nebraska Ethics Advisory Opinion for Lawyers No. 83-3