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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Could a Nebraska county public defender pursue habeas relief alleging ineffective assistance by former lawyers from the same public defender office?
No. The 1990 opinion treated the conflict as imputed through the office and continued the disqualification previously applied to state post-conviction proceedings.
Could a Nebraska lawyer who was a client's president, shareholder, and key lease witness represent the client in litigation over that lease?
Generally no, and the disqualification extended to the firm. Former-rule exceptions applied for uncontested or formal testimony or substantial hardship from losing distinctively valuable counsel.
Could a Nebraska lawyer mail a prewritten legal newsletter bearing the lawyer's contact information to clients and nonclients?
Yes if the mailing followed advertising rules, was accurate and not misleading, and clearly identified the actual author when the lawyer did not write it.
Could a Nebraska deputy county attorney handle juvenile cases involving the social-services agency that employed the prosecutor's sister?
Yes with full disclosure unless the relationship impaired judgment. If the sister became a witness, the prosecutor had to withdraw and be screened; office-wide disqualification depended on…
Could a Nebraska lawyer join a for-profit referral service whose name implied that participants belonged to a specialized trial-lawyer association?
No. With no admission standards, the service's association and specialization implications were false or misleading, and participating lawyers could not evade advertising rules through the service.
When did Nebraska's former ethics code require a lawyer to report another lawyer's misconduct?
Reporting was mandatory when the lawyer had unprivileged knowledge of a disciplinary violation. Mere suspicion did not trigger a mandatory report.
Could a Nebraska lawyer join a for-profit telephone referral service and pay a share of its advertising and administrative costs?
The lawyer could join only without paying value for recommendations. Free consultations or reduced client fees were allowed, but paying the service's promotion and administration costs was prohibited.
Could independent Nebraska lawyers sharing offices, systems, and staff represent opposing parties in the same matter?
Yes under the 1989 opinion if files and electronic data were segregated, no secretary worked both sides, shared staff were warned, and each client consented after full disclosure.
Could a Nebraska creditor's lawyer demand the projected proceeds of a continuing wage-garnishment lien in exchange for immediate release?
Yes under the amended garnishment law considered in 1989, so long as the demand equaled the projected proceeds due under the continuing lien.
Could a Nebraska lawyer mail solicitation letters to identified people known to face particular legal problems?
Yes under the 1988 opinion if the letters were truthful and nondeceptive and complied with former restrictions on vulnerable recipients, opt-outs, coercion, labels, and recordkeeping.
How long did Nebraska's former ethics code require a lawyer to keep a closed client file?
The 1988 opinion set no fixed period. Lawyers had to use judgment based on client property, future usefulness, limitations periods, expectations, confidentiality, and storage concerns.
Could a Nebraska law firm list individual paralegals or legal assistants on its professional letterhead?
Yes. The 1988 opinion allowed the names if the letterhead clearly identified those employees as nonlawyers rather than attorneys.
Could screening allow one Nebraska public defender to challenge another lawyer from the same office as ineffective?
No. The 1988 opinion imputed the conflict across a centrally supervised public defender office and held that a screen could not cure it.
Could a newly appointed Nebraska county public defender seek post-conviction relief by attacking the former public defender office's effectiveness?
No. Even though all personnel had changed, the 1987 opinion found a conflict and appearance problem in attacking the predecessor office's reputation and required outside counsel.
Could a Nebraska county attorney establish paternity for the state and then represent either parent in the resulting custody dispute?
No. The county attorney's duties to the state and child could conflict with either parent's custody and support interests, and the minor child could not consent to the multiple representation.
Could a Nebraska lawyer represent one party to a transaction while also serving as escrow agent for all parties?
Potentially, with full informed consent and an obvious ability to protect all interests, but the escrow agreement needed conflict-resolution procedures and some disputes required resignation.
When could a Nebraska lawyer seek release from a court appointment to represent a person unable to obtain counsel?
Only for compelling reasons such as an ethics conflict, intense personal feelings impairing effectiveness, lack of competence, or unreasonable financial hardship.
Could a Nebraska lawyer participate in a for-profit referral program offering free or discounted services?
Yes if the lawyer paid no value for recommendations and ensured full ethics compliance. Client discounts were allowed, but telemarketing and other program practices remained restricted.
Did a Nebraska criminal-defense lawyer always have to withdraw after delivering physical evidence to the county attorney?
No. The 1987 opinion said the lawyer should consider withdrawal when law and ethics required delivery, but rejected a per se rule requiring withdrawal in every case.
Could married or closely related Nebraska lawyers represent opposing parties?
Yes, not automatically barred, if each client received full disclosure and consented and the relationship did not threaten loyalty, judgment, or confidentiality; any actual disqualification was…
Under this 1986 Nebraska opinion, could a lawyer serve as deed-of-trust trustee while representing the lender against the borrower?
Yes. The opinion treated the trustee as the lender's agent in a security transaction rather than as a fiduciary for the borrower, provided the lawyer avoided fraud or misrepresentation and followed law.
Under this 1986 Nebraska opinion, could a lawyer charge interest on overdue legal bills?
Yes with an early written client agreement stating a reasonable rate and when interest began; the opinion required the bill to remain unpaid at least 30 days before interest.
Could a Nebraska lawyer participate in a prepaid legal-services plan?
Yes, but the plan could not enable unauthorized practice, breach confidentiality, impair judgment, solicit improperly, or share legal fees with nonlawyers.
Could a Nebraska city attorney and firm handle criminal defense when the city contract assigned only civil duties and no prosecution?
Yes under the 1986 opinion. An express contract eliminating all prosecutorial duties removed the earlier restriction, and rural access to counsel outweighed appearance concerns.
Could a Nebraska lawyer who also served as a city police officer represent criminal defendants?
No. The 1984 opinion found the police role incompatible with criminal defense and extended the restriction to lawyers associated with the officer-lawyer.
Under this superseded 1983 Nebraska opinion, could a lawyer pay to participate in a private lawyer-referral service?
Only if the service was nonprofit, the opinion said. Nebraska Opinion 87-2 later superseded that limitation and allowed compliant for-profit programs without payment for recommendations.
Could a Nebraska lawyer also practice clinical psychology from the same office and advertise both professions?
Yes if the roles were clearly distinguished, legal and psychological records were separated, legal ethics rules were followed, and the dual practice was described accurately.
Could a Nebraska law firm mail advertising letters directly to prospective institutional debt-collection clients?
Yes under the 1983 opinion if no personal contact was involved, the letter was accurate and nonmisleading, and the envelope carried the then-required advertisement label.
Could a Nebraska lawyer pay a welcome service to hand-deliver the lawyer's business card to newcomers?
No under the 1983 opinion. The host's personal visit made the distribution personal-contact solicitation even though the lawyer was not present.
Could a Nebraska lawyer help manage a collection agency that solicited accounts and then retain the lawyer for collection work?
No. The arrangement used the agency to solicit legal work, and a part-time county attorney faced added conflicts and implied-prosecution concerns when collecting checks or debts privately.
May a Nebraska lawyer list practice areas in a telephone directory's Yellow Pages?
Yes under the 1981 opinion, if the lawyer or firm actually practiced or was qualified to practice in each listed field and the listing did not imply certification as a specialist.
May a Nebraska county attorney, deputy, or firm represent a liquor licensee in a suspension or revocation proceeding?
No. The opinion treated the state as the county attorney's primary client, found the licensee directly adverse to that client, imputed the conflict to the firm, and found no available public consent.
May a Nebraska county attorney, deputy, or firm represent a private claimant suing the state under the State Tort Claims Act?
No. The opinion found that the county attorney's continuing duty to represent the state conflicted with a private claim against it and barred the county attorney, deputies, and firm.
May a Nebraska county attorney serve as an estate's personal representative or private counsel in an inheritance-tax determination?
Yes under the opinion if private practice was allowed and the county board appointed a special county attorney to represent the county and state in the inheritance-tax proceeding.
May a Nebraska lawyer serving as personal representative receive that compensation while the lawyer's firm is paid for estate legal services?
Yes under the opinion, provided the combined compensation for the personal-representative work and the firm's legal services was not excessive in light of both services.
Could a Nebraska lawyer accept credit cards and include a payment-option notice with an existing client's bill?
Yes under the 1981 opinion's conditions. A simple notice could accompany a bill for completed services, but Opinion 95-4 later removed or replaced several of those conditions.
Could a Nebraska lawyer offer services through a parochial school newsletter and donate the resulting fees to the school's building fund?
No under the 1981 opinion. Donating fees back to the recommending school was value for referrals and could impair independence, particularly for wills involving gifts to the school or church.
Under this superseded Nebraska opinion, could a lawyer accept savings-and-loan referrals to provide depositors with free wills?
The 1981 opinion said no because the free service gave the institution value for referrals, but Opinion 87-2 withdrew and superseded that conclusion.
Could an insurance-company lawyer help an insured's private lawyer create an estate plan involving insurance if the client consented?
No. Salary and premium-based compensation created divided loyalty between selling insurance and designing the client's best plan, and the opinion treated the conflict as not curable by disclosure…
Could a Nebraska lawyer solicit estate-planning clients through insurance agents or avoid solicitation rules by delegating document drafting?
No. The lawyer could not solicit through agents or other lawyers, and continuing to give tax and legal implementation advice remained legal practice even if drafting was delegated or the lawyer was…
May a Nebraska lawyer sue a nonprofit organization in which the lawyer is only a dues-paying member?
Yes under the stated facts, if the lawyer had no governing or decision-making role, no confidential relationship or personal liability, and made full disclosure and obtained express consent from…
When may a former Nebraska city-attorney staff lawyer represent a private client in an action against the city?
The lawyer could not take a matter handled by the city-attorney staff during the lawyer's tenure or use city confidences, but could take a later matter of the same general kind if no confidence was abused.
May a Nebraska county attorney serve on the board of a legal-services corporation operating in the county?
Yes under the cited ABA standards, provided the board confined itself to broad policy and did not interfere with staff lawyers or influence their independent judgment in individual cases.
May a Nebraska lawyer form a partnership with a nonlawyer to provide lobbying services?
Yes under the 1980 opinion if none of the partnership's activities involved practicing law. A separate simultaneous law practice raised additional concerns under the former Code.
May a Nebraska lawyer participate in a prepaid legal-services plan that limits members to lawyers selected or approved by the plan?
No. The plan's closed panel denied members the former rule's right to choose other counsel and lacked relief and review procedures for claims that panel representation was improper or inadequate.
May a Nebraska lawyer bid personally at a public estate auction when the lawyer's firm represents the personal representative?
No. The opinion treated the bid as prohibited self-dealing and held that court approval or statutory exceptions did not make the purchase ethical under the former Code.
Could a Nebraska lawyer use 'Legal Clinic,' 'Law Building,' or 'Law Center' as a practice or office-building name?
No under the 1980 opinion. The committee required names identifying the lawyer or partners and treated the additional trade-name phrases as potentially misleading and deceptive.
May the law partner of an elected Nebraska technical-college board member serve as the board's legal counsel?
No under the opinion. The board member could influence selection, workload, fees, and payment while sharing the firm's proceeds, creating a conflict and appearance problem.
Could a Nebraska lawyer tell a local newspaper's society editor about the lawyer's continuing-education trips?
No under the 1980 opinion. The committee inferred that supplying the information served only a self-laudatory publicity purpose prohibited by former DR 2-101(A).
Could Nebraska lawyers use a partnership-style firm name if they added the words 'Not a Partnership'?
No. The opinion treated a partnership-style law-firm name as a prohibited and misleading claim of partnership, and held that the disclaimer did not cure it.
Did Nebraska Opinion 80-1 require a defense lawyer to deliver third-party physical evidence and then withdraw?
It did in 1980, but the archive flags the opinion as rescinded by Opinion 87-1. The later opinion declined to decide the legal delivery duty and rejected automatic withdrawal in every case.
May a Nebraska legal-aid board member and the program's staff lawyers represent clients against each other?
Yes under the cited safeguards, full disclosure, and client consent. Directors had to stay out of individual cases and recuse from policy decisions affecting their clients.
Is a Nebraska forwarding lawyer responsible for another lawyer's unpaid fee, and may the forwarding lawyer sue the client to collect it?
Not absent an agreement to assume the fee. The forwarding lawyer also could not sue the client for the other lawyer because the forwarding lawyer might be a witness and the suit created an…
May a Nebraska public defender and an appointed deputy represent codefendants who blame each other?
No. The deputy acted within the public defender's office for the assignment, so the conflict reached both lawyers even if they maintained otherwise separate practices.
May a Nebraska lawyer be listed as a client reference in an expert-services company's advertising brochure?
Yes under the opinion. The lawyer's name showed that lawyers used the company's services, and the committee did not treat that reference as the lawyer's advertising or solicitation.
May a Nebraska lawyer join a nonlawyer trade exchange that refers clients and charges a percentage of referred business?
No. The committee treated the payments as compensation for recommendations and fee sharing with a nonlawyer and found that the intermediary improperly controlled client referrals.
Under Nebraska Opinion 79-3, where were cost advances and retainers deposited?
The former rule allowed advances for costs and expenses in the general account, but required retainers belonging partly to the client to remain in trust until earned.
May a Nebraska lawyer's new firm oppose the lawyer's former divorce client in renewed child-custody litigation?
Not without consent where the same custody issue returned. The opinion permitted the representation only after full disclosure and express consent from both the former and current clients.
May Nebraska county and city attorneys who are law partners serve as each other's deputies?
The opinion permitted the arrangement only when no conflict existed, including when the lawyers remained partners without serving as each other's deputies.
May a Nebraska lawyer defend criminal cases where a close relative is the county attorney?
The opinion found no automatic disqualification, but directed case-specific review, full disclosure to the client, and rejection of matters suggesting possible disqualification.
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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.