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 prosecutor contact a crime victim directly for medical releases when the victim has counsel in a related civil case?
Not about overlapping facts, issues, or evidence after the victim's civil lawyer requests that contact go through counsel. The prosecutor may seek the records through counsel, subpoena, or search warrant.
What must a Nebraska lawyer do with trust-account funds belonging to a client who cannot be located?
The lawyer must make a reasonably diligent search. If the client remains missing, the lawyer should safeguard the funds until the statutory period expires and then transfer them under Nebraska's…
Must a Nebraska lawyer disburse collected judgment funds to the client while the judgment debtor's appeal remains pending without a supersedeas bond?
Yes, assuming the client is legally entitled to the funds. Rule 1.15(d) requires prompt notice and disbursement as the client directs, while the lawyer should explain the possibility and…
What should a Nebraska lawyer do when a client disappears shortly before the limitations period expires on an unfiled claim?
On the facts presented, the lawyer should continue a diligent search and file a nonfrivolous suit before limitations runs because withdrawal could materially harm the client. A fee agreement…
Is an unsolicited substantive letter to a Nebraska judge an improper ex parte communication when opposing counsel receives it simultaneously?
No, under the facts presented. Because opposing counsel received the same letter and could respond, the communication was not ex parte, and the judge had not invited or initiated it.
What conflicts govern a Nebraska county attorney, the attorney's spouse or firm, and a former county attorney entering private practice?
The opinion bars a county attorney's spouse or associated lawyer from Nebraska criminal defense, restricts child-support and probate work, and requires screening and notice when a former county…
May a Nebraska lawyer pay a fixed annual fee to appear in an internet directory that lists lawyers without recommending one?
Yes, if the service functions only as a directory, makes no lawyer recommendation, charges a reasonable fixed-period advertising fee, carries a directory disclaimer, and otherwise complies with the…
May a Nebraska bankruptcy lawyer become staff counsel to the standing Chapter 13 trustee while former-client matters remain pending?
Yes. The lawyer may take the trustee position if promptly and effectively screened from every case involving the lawyer's former clients or the former firm's clients.
May lawyers in a Nebraska judge's spouse's firm or government office appear before that judge?
Yes under the 2007 opinion unless the relationship significantly risks limiting the client's representation. The client must receive full disclosure and give written consent, and the judge…
May lawyers in a Nebraska city council member's firm represent clients before that council when the lawyer-member recuses?
Yes under the 2007 opinion, if the lawyer-member recuses and does not use public office for a client's special advantage, subject to applicable city and state conflict rules outside the committee's review.
May a Nebraska lawyer pay an upfront fee for exclusive online referrals and give the referring law firm 20% of each case's net recovery?
No. The 2007 opinion treated the arrangement as a prohibited for-profit referral service because it combined exclusive referrals and case evaluation with a recovery-based payment rather than…
May a Nebraska defense lawyer oppose a prosecutor who is a close relative, or another prosecutor in the relative's office?
Under the 2006 opinion, the lawyer may oppose the relative only after deciding the relationship will not impair professional judgment and obtaining informed written client consent. The personal…
May a Nebraska lawyer donate a certificate for legal services to a nonprofit charity auction?
Yes under the 2006 opinion, if the certificate identifies the lawyer and service, stays within the lawyer's competence, preserves the right to decline for conflicts or other ethics issues with a…
May a Nebraska lawyer contract with a nonlawyer company that markets living trusts, gathers client information, prepares documents, and shares the client fee?
No. The 2006 opinion found that the described arrangement created multiple violations involving referrals and solicitation, nonlawyer fee sharing, unauthorized practice, conflicts, and interference…
May a Nebraska law firm require a departing associate to pay liquidated damages for continuing to practice in the same county?
No. The 2006 opinion treated a competition-triggered financial penalty as an indirect restriction on practice prohibited by Rule 5.6, except where that rule expressly permits a restriction.
May a Nebraska law firm own and operate a separate collection agency using employees leased from the firm?
Yes under the 2006 opinion, but the collection work is law-related and the lawyers must clearly distinguish it from legal services, explain that no client-lawyer protections attach, and keep both…
May a Nebraska lawyer record a nonclient telephone or in-person conversation without disclosing the recording?
The 2006 opinion says undisclosed recording was not automatically unethical if lawful and unaccompanied by actual deceit, fraud, misrepresentation, or infringement of a court-defined privacy right.
May a Nebraska firm rehire its suspended former lawyer for off-site research, writing, paralegal, or investigative work without client contact?
No. The 2006 opinion says the former firm may not employ the suspended lawyer in those quasi-legal roles, even off site or without client contact, because the arrangement conflicts with…
May a Nebraska public defender store client information on a server shared with the county attorney, sheriff, and other county offices?
Only if public-defender personnel alone can access client information. If reasonable safeguards cannot secure confidentiality, the 2006 opinion requires a separate system or discontinuing client…
May an inactive Nebraska lawyer work as a real estate agent without creating a client-lawyer relationship or applying every professional rule?
Yes under the 2006 opinion, if the lawyer takes reasonable measures before service to explain that the work is solely real estate service, not legal representation, and that client-lawyer…
May a Nebraska lawyer assert an attorney lien against a former client's child-support judgment to collect unpaid fees?
The 2006 opinion found the lien legally permissible under then-existing Nebraska authority but identified no explicit ethics rule approving it and emphasized the possible loss of support to the…
Under Nebraska's 2006 opinion, where could an immigration lawyer deposit a flat fee for a multiyear removal proceeding, and how should a later accounting work?
The opinion allowed the initial $2,000 flat fee to be treated as earned on payment and deposited in the business account, but said the agreement should state an hourly rate for accounting and any…
May a Nebraska lawyer serve as a part-time deputy county attorney in one county while accepting guardian-ad-litem appointments in another?
The original 2006 opinion required a case-by-case conflict assessment and refusal of conflicting appointments. Opinion 08-01 later amended it in part by barring a county attorney's firm from…
Under Nebraska's former ethics code, when could a lawyer speak at a sponsor's public seminar or entertain people to generate estate-planning business?
The 2004 opinion permitted educational seminars under four safeguards but prohibited socially entertaining nonlawyers while directly soliciting estate-planning clients or referrals.
May a Nebraska firm whose partner is a part-time county attorney represent landowners against the state in condemnation matters?
No under the 2004 opinion. The county attorney's duty to the state created a conflict imputed to the firm in condemnation matters statewide, including an award appeal and a future action involving a…
Could ACLU Nebraska donate old legal and intake files containing confidential information to the Nebraska State Historical Society?
Not without consent. The 2002 opinion treated both represented-client files and declined intake requests as confidential and found no historical-significance or post-death exception in the former…
Under Nebraska's former ethics code, which file materials had to be delivered to a client on demand, and who paid for the lawyer's retained copy?
The 2001 opinion required prompt delivery of client-provided materials, discovery, correspondence, and work bearing on the client's business. A lawyer retaining a copy paid the copying cost unless…
Under Nebraska's former ethics code, how did spousal conflicts affect two public-defense agencies representing criminal co-defendants?
The 2001 opinion allowed screening rather than office-wide disqualification. When one spouse represented a co-defendant, both clients needed disclosure and consent; when neither spouse participated,…
Under Nebraska's former ethics code, could defense counsel interview investigating law-enforcement witnesses without the prosecutor's consent?
Yes. The 2001 opinion found that officers were not represented by the county attorney merely because they investigated the case and that a prosecutor could not deny defense counsel access to those…
Under Nebraska's former ethics code, could a lawyer refer a client to a nonrecourse litigation funder expecting a lien and a high recovery-based return?
Yes under five conditions: no referral compensation, no outcome assurances, protection of confidences, disclosure of assistance the lawyer would provide, and explanation of the loan's cost.
Under Nebraska's former ethics code, could insurance-defense counsel send detailed bills to outside auditors and follow carrier guidelines limiting litigation work?
Not when bills disclosed client confidences or secrets, and not when carrier billing guidelines encroached on independent professional judgment. The lawyer represented the insured with undivided loyalty.
Under Nebraska's former ethics code, did a prosecutor have to withdraw when the defense called the prosecutor as a witness?
Not automatically. The 1998 opinion required withdrawal when the prosecutor testified for the state, but allowed continued representation when called by the defense unless the testimony was or could…
Under Nebraska's former ethics code, could a foreign professional corporation open a Nebraska law office without satisfying the Supreme Court's professional-corporation rules?
No. The 1998 opinion treated the corporation as a nonlawyer until it complied with Nebraska Supreme Court ownership and officer requirements, barring both Nebraska practice through it and direct fee…
Under Nebraska's former ethics code, could a lawyer appear before a statewide commission while an associated lawyer served as a commissioner and recused?
No. The 1996 opinion found a nonwaivable conflict extending to associated lawyers regardless of the commissioner-lawyer's recusal because the public commission could not consent.
Under Nebraska's former ethics code, could a suspended lawyer receive payment for earlier work or work as a paralegal or law clerk?
The 1996 opinion allowed proportionate compensation for work completed before suspension and limited nonlawyer employment, but barred paralegal or law-clerk work in an office where the suspended…
Under Nebraska's former ethics code, could a lawyer charge an advance fee to a credit card before performing the legal services?
Yes. The 1995 opinion modified Opinion 81-2 to permit credit-card charges for advance fees, provided funds for future services or client expenses were deposited in the lawyer's trust account.
Under Nebraska's former ethics code, could a lawyer pay a commercial internet directory that routed users by location and practice area?
No. The 1995 opinion treated the paid online shopping-mall directory as a for-profit referral program rather than the lawyer's own advertising or a nonprofit referral service.
Under Nebraska's former ethics code, did a law-firm newsletter sent to clients and selected nonclients require an advertisement label?
Yes. The 1995 opinion treated targeted legal-development newsletters as advertising and required 'This is an advertisement' on the envelope or outside cover, subject to two existing-service exceptions.
Under Nebraska's former ethics code, could a contingent-fee agreement require lawyer approval of settlement or switch to a higher hourly fee when the client settled?
No. The 1995 opinion held that settlement authority belonged exclusively to the client and that a higher-hourly-fee clause unduly restricted that authority and could produce an excessive fee.
Could Nebraska counsel interview an adverse corporation's unrepresented former employees without permission from the corporation's lawyer?
Yes. The 1994 opinion permitted interviews of unrepresented former employees without corporate counsel's consent but prohibited inquiry into privileged attorney-client communications.
Under Nebraska's former bright-line conflicts rule, could a screen cure a substantially related conflict brought by a lawyer or nonlawyer moving between firms?
No. The 1994 opinion extended the bright-line disqualification rule to lawyers and ancillary staff, rejected screens as a cure, and made no exception for government offices.
Could Nebraska lawyers promote and use a company that bought or collected client installment accounts at discounts of 10% or 20%?
No under the described plan. The 1994 opinion identified misleading promotion, confidentiality, fee, collection, conflict, and nonlawyer fee-sharing problems and treated advance discounting of…
Could Nebraska lawyers operate a paid telephone service in which law students advised callers about legal rights and possible action?
No. The 1994 opinion treated the proposed advice as the practice of law, which the students were not authorized to perform, and held that lawyers supporting the service would violate the ban on…
In 1994, could Nebraska lawyers practice through a limited liability company before the Nebraska Supreme Court specifically authorized that form?
No. The committee concluded that lawyers should wait for court authorization and that any authorized LLC would need to preserve lawyer ownership and control and personal malpractice liability.
Did Nebraska's former lawyer-witness rule require a lawyer to withdraw when representing the lawyer's own firm and possibly testifying?
No. The 1993 opinion treated representation of one's own firm as self-representation rather than employment by a client, so DR 5-102 did not bar continued representation.
Was a Nebraska county attorney's entire office disqualified when the county attorney's police-officer spouse was a witness?
Not automatically. The county attorney had to disclose the relationship and personally step aside if the spouse might testify; the entire office was excluded only when the case created an appearance…
Under Nebraska's former ethics code, could a lawyer disclose a prospective client's plan to commit a future crime after declining the representation?
Potentially yes, but disclosure was not mandatory on the stated facts. The lawyer had to decide whether DR 4-101(C)'s future-crime exception applied and whether disclosure was warranted.
What should a Nebraska lawyer do with trust-account funds belonging to a client who cannot be located?
The 1993 opinion required diligent efforts to find the client and continued trust-account safeguards, followed by disposition under applicable state unclaimed-property law after the statutory period.
Under this rescinded 1993 Nebraska opinion, could a deputy public defender join the same county's prosecutor office using case review and screening?
The opinion said yes with case review, screening, personal nonparticipation, and outside counsel where needed, but Nebraska Opinion 94-4 rescinded that guidance in 1994.
Could a Nebraska guardian ad litem continue juvenile cases opposite a deputy county attorney whom the lawyer represented in a divorce?
No. The 1993 opinion found potentially adverse duties and concluded that the juvenile could not waive the conflict, so the simultaneous representations were improper.
Under this rescinded 1992 Nebraska opinion, could a lawyer donate legal services for a nonprofit fundraising auction?
The opinion said no because of referral, publicity, informed-selection, client-acceptance, and competence concerns, but Nebraska Opinion 06-11 rescinded it in 2006.
Could a Nebraska firm call a part-time lawyer or probationary partner-to-be 'of counsel'?
Yes if the lawyer and firm maintained a close and continuing relationship and the designation was not merely a device for forwarding and receiving legal business.
Could a Nebraska lawyer defend a criminal case investigated by the sheriff's department that employed the lawyer's spouse?
Yes if no actual conflict existed, the lawyer fully explained the relationship and its possible effects, and the client consented; written consent was preferred.
Whom did Nebraska Title IV-D child-support lawyers represent under this 1992 opinion: the state or the parent receiving services?
The state only. The opinion required clear early notice and a written acknowledgment that the applicant or recipient was not the client and had no individual confidentiality privilege.
Under Nebraska's former ethics code, could a lawyer disclose confidential information to protect a client believed mentally incompetent?
Yes. The 1991 opinion permitted disclosure only to the extent necessary to protect the client's best interests when the lawyer reasonably believed the client was incompetent.
Under this 1991 Nebraska opinion, which employees of an adverse corporation could counsel interview without corporate counsel's consent?
The opinion allowed interviews of nonbinding witnesses after role disclosure and privilege safeguards, but barred management and employees who could bind the corporation; Opinion 94-5 later…
Did Nebraska's former ethics code require separate lawyers for the personalities of a defendant diagnosed with multiple-personality disorder?
No absent a court ruling that each personality was a separate person entitled to counsel. The 1991 opinion allowed one lawyer to represent the defendant as a single client.
Could a Nebraska lawyer employed by a nonlawyer financial-planning company prepare wills and trusts for the company's customers?
No. The 1991 opinion found unauthorized-practice assistance, nonlawyer fee sharing, improper referrals and solicitation, and pressure on the lawyer's independent judgment.
Could a Nebraska county attorney prosecute a second cousin with whom the prosecutor had no social or business contact?
Yes. The 1990 opinion treated a second cousin as a distant relative and required case-specific review of personal ties, public perception, and fairness.
Could a Nebraska lawyer tell federal marshals the location of a former client wanted for armed robbery?
Generally no if the location was learned through the representation. Disclosure was ethically permitted for a future crime, client consent, or a legal or court requirement, but was not mandatory…
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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.