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OPINIONS OF THE ADVISORY COMMITTEE ON MATTERS OF PROFESSIONAL ETHICS
ARE LIMITED TO SITUATIONS IN WHICH A LAWYER SEEKS THE OPINION OF
THE COMMITTEE AS TO THE ETHICAL PROPRIETY OF A COURSE OF ACTION
IN WHICH HE DESIRES TO ENGAGE.
Article XI, Section 14, Rules Creating, Controlling and Regulating
Nebraska State Bar Association
A member of the Association requests an opinion on the ethical conduct
of other members of the Association. The inquiry is clearly based
on facts which have already transpired and which could be the basis
of charges against the other lawyers. Article XI, Section 14 of
the Rules Creating, Controlling and Regulating Nebraska State Bar
Association provides: "*** The Advisory Committee is further
empowered in its discretion at the request of any member of the
Association, to express its advisory opinion or give its interpretation
upon rules of professional conduct where such question has not been
previously determined and is not pending in any proceeding for a
determination thereof."
It has long been the policy of the Advisory Committee to limit the
rendering of opinion to situations in which a lawyer seeks the opinion
of the Committee as to the ethical propriety of a course of action
in which he desires to engage.
The Committee has been careful to refrain from expressing an advisory
opinion as to the correctness of the conduct of a lawyer other than
the inquirer, or where the facts or the acts inquired about have
transpired or have been accomplished as distinguished from being
contemplated or prospective, or in any case where it seems likely
that the matter may come before the District Committee in Inquiry
(Rules XI, 3-7) and subsequently before the Advisory Committee for
review (XI, 8).
It is believed that the effectiveness of any action which the Advisory
Committee might deem appropriate in such review proceedings would
or might be seriously affected if the Committee had already by an
opinion passed upon the very practices in question.
The Committee has again reviewed its policy and concludes that under
these circumstances it should not render an opinion.
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