|
Advertising |
| Advertising
by |
| •
Attorney-Abstractor |
72-11 |
| •
attorney - bank president |
|
| •
attorney engaged in other business |
|
| •
attorney - insurance agent |
|
| •
attorney sponsoring a community activity |
|
| •
Bar Association's Public Relations Committee |
|
| •
Legal Aid Society |
|
| Advertising
of |
| •
attorney's attendance at seminar |
|
| •
attorney's legal research practice |
|
| •
partnership personnel changes |
|
| •
licensed in Nebraska |
|
| •
partnership name with local variations |
|
| •
announcement of new office |
|
| •
announcement of availability to other attorney |
|
| •
article by attorney in lay publication |
|
| •
brochure |
|
| •
Bar Association pamphlets |
|
| •
direct mail advertising |
|
| •
interviews with news media |
|
| •
newsletter sent by lawyer or law firm must state "This is an
advertisement" |
|
| •
signs |
|
| •
signs in office sharing arrangement |
|
| •
home number of attorney |
|
| • listing in an internet-based lawyer directory |
|
| •
listing in yellow pages by geographical area |
|
| •
listing in yellow pages by categorized areas |
|
| •
use of "canned" newsletter |
|
| |
|
|
Aiding
the Unathorized Practice of Law |
|
•
salaried attorney - employee of a corporation preparing legal
documents for the corporations's customers |
|
| •
non - lawyers may not, through a "900" number telephone service,
provide legal advice to the public. Attorneys may not encourage
such an enterprise |
|
| |
|
|
Attorney
As Witness |
| •
withdrawal may be necessary if called on behalf of client |
|
| |
|
|
Attorney-Client
Relationship |
| •
government attorneys represent the state when performing child
support enforcement duties |
|
| |
|
|
AUCTIONS |
| •
attorney may donate legal services for sale at auction |
|
| |
|
|
BAR
ASSOCIATIONS |
| •
advertising by Bar's Public Relations Committee |
|
| •
advertising by Bar of attendance at seminars |
|
| •
advertising on Bar Association pamphlets |
|
| •
Advisory Committee function of, |
|
| •
local bar association's pro-bono work at College Campus |
|
| |
|
|
BUSINESS
ACTIVITY BY AN ATTORNEY |
| •
in general |
|
| •
bank president |
|
| •
bid at estate auction when P.R. is client |
|
| •
certified public accountant |
|
| •
collection agency |
|
|
| •
contractual obligations in business
|
| |
| •
insurance agent |
|
| •
insurance investigation and adjustment business |
|
| •
legal educational consultation company |
|
| •
lobbying service with nonlawyer partner |
|
| •
real estate broker |
|
| •
sale of income tax business by attorney |
|
| •
sharing office space (see office sharing in this index) |
|
| •
sport commodity marketing |
|
| |
|
| BUSINESS RELATIONSHIPS |
|
| • contractually and financially associated with a business |
|
| • close familial relationships affecting professional judgment |
|
|
CHILD
SUPPORT ENFORCEMENT |
| •
government attorneys represent the state when performing child
support enformcement duties |
|
| |
|
CHINESE
WALL |
| •
insufficient to avoid appearance of impropriety and may not
be used to avoid disqualification |
|
| •
may not be used by public defender to challenge competency of
prior public defender |
|
| public
defender accepting employment as deputy county attorney |
|
•
sometimes permissible for spouse defense attorney to
work for different agencies |
|
| |
|
COLLECTIONS: |
| •
attorney operating or managing collection agency |
|
| •
demand by attorney for judgment creditor for excess over amount
garnished |
|
| •
demand to opposing party without consent of counsel |
|
| •
interest charged by attorney on client accounts |
|
| |
|
COMMUNICATION
WITH ADVERSE PARTY: |
| •
improper to contact governing board or administrative officials
of public institution is represented by counsel |
|
| •
plaintiff's counsel interviewing present or former employees
of defendant corporation |
|
| •
whether an attorney may tape record a telephone conversation
or an in-person communication with a non-client without disclosing
the fact that the communication is being recorded |
|
| |
|
CONFIDENCES
OF CLIENT: |
| •
delivery of physical evidence to County Attorney in criminal
case |
|
| •
disclosure to court that client is not indigent |
|
| •
disclosure of confidences of historical significance |
|
| •
representing a client against previous client |
|
| •
revealing attorney-client communications of a mentally incompetent
client |
|
| •
revealing client's intention to commit a crime |
|
| •
revealing whereabouts of former client |
|
| |
|
CONFLICT
OF INTEREST: |
| •
in general |
|
| •
attorney - bank president |
|
| •
representation of adverse parties by office sharers |
|
| •
bright line rule |
|
| •
Chinese Wall may not be used by public defenders to chanllenge
competency of prior public defender |
|
| • attorney taking employment as a staff attorney for the standing chapter 13 bankruptcy trustee is the attorney is properly screened from all cases involving the attorney's former clients and the clients of the attorney's former law firm |
|
•Chinese
Wall or cone of silence is insufficient to
avoid appearance of impropriety and may not be used to avoid
disqualification |
|
| • duties to former clients |
|
|
city
attorney |
| •
in general |
|
|
represents
|
| •
civil rights litigant |
|
| •
client against former city-employer |
|
| •
county as deputy county attorney |
|
| •
criminal defendant |
|
| •
criminal defendant by court appointment |
|
|
county
attorney |
| •
also board member of legal services |
|
|
prosecutes
|
| •
officer of client corporation |
|
| •
second cousin with whom there has been no social or business
contact |
|
| •
relative is a police officer |
|
| •
relative is Department of Social Service social worker |
|
| •
relative represents criminal defendant |
|
|
represents
|
| •
in appeal on valuation of personal property |
|
| •
city as deputy city attorney |
|
| •
client in child custody dispute after bringing action to establish
paternity |
|
| •
client in inheritance tax determination |
|
| •
client in liquor revocation proceeding |
|
| •
client in state torts claim action |
|
| •
collection agency |
|
| •
in condemnation proceedings |
|
| •
criminal defendant |
|
| •
in criminal nonsupport against husband where previously represented
wife |
|
| •
in disconnected civil proceeding |
|
| •
in dissolution of marriage |
|
| •
in personal injury auto accident |
|
| •
other governmental subdivisions |
|
|
witness
|
|
county
attorney should not participate in prosecution of trial in
which he will |
| •
be a witness |
|
|
county
attorney association director |
| •
in general |
|
|
dissolution
of marriage action |
| •
county attorneys |
|
|
representation
of husband in dissolution precludes subsequent representation
of wife |
| •
in manslaughter case where husband is victim |
|
|
representation
of wife in dissolution does |
| •
of third party in alienation of affections suit |
|
| government officials |
| • special conflicts of interest for former and current government officers and employees |
|
| guardian
ad litem |
| •
accepts appointment as guardian ad litem in one county while
as part time deputy county attorney in another county |
|
|
guardianship
|
| •
by original petitioner to remove guardian |
|
| •
hiring lawyers or other staff from a firm representing an adverse
party |
|
|
insurance
|
|
company
attorney may not be retained by insured's attorney to assist
in drafting |
| •
insured's estate plan |
|
| •
investigator/adjuster business operated by attorney |
|
| •
judge cannot act as income tax preparer |
|
|
legal
aid board of directors member may represent clients with interests
adverse to clients |
| •
represented by legal aid |
|
| •
married attorneys |
|
| •
office sharer |
|
|
partners
|
| •
one partner is county attorney/other partner represents criminal
defendant |
|
| •
against partner |
|
| •
public defender accepting employment as deputy county attorney
|
|
| •
public defender represents two defendants with conflicting interests
|
|
| •
public defender alleging that prior public defender was ineffective
|
|
|
public
officials |
| •
attorney who serves on County Board representing criminal defendants
|
|
| •
attorneys with legislative duties have certain restrictions
on practice |
|
| •
police officer who is also attorney cannot represent criminal
defendants |
|
| •
borrower |
|
| • attorney serves on city council and members of the firm may appear before council if attorney recuses him- or herself |
|
|
attorney
rendering title opinion may in some circumstances represent
party in |
| •
subsequent foreclosure |
|
| •
attorney representing P.R. may not bid at estate auction |
|
| •
correcting title for seller after examining title for savings
and loan association |
|
| •
attorney may not accept employment with corporation |
|
|
relative
|
| •
closely related attorneys representing adverse interests |
|
| •
business contact |
|
| •
one city council member/other court appointed defender |
|
| •
one county attorney/other represents criminal defendant |
|
| •
one county attorney/other Department of Social Services social
worker |
|
|
represent
|
| •
bank to sue former client corporation |
|
| •
client against nonprofit organization when member thereof |
|
| •
client with multiple-personality disorder |
|
| •
criminal defendant after receipt of adverse physical evidence
from third party |
|
| •
criminal defendant when spouse works for the sheriff |
|
| •
deputy county attorney in divorce while opposing here in Juvenile
Court proceedings |
|
| •
estate where executor is bank of which lawyer is officer |
|
| •
subsequent client against former client |
|
| •
technical college board where partner is elected board member
|
|
| •
secretary formerly with competing firm |
|
|
spouse
|
| •
one city council member/other court appointed defender |
|
| •
spouses representing adverse interests |
|
| • judge's spouse's law firm or office in front of that judge |
|
| •
spouse defense attorneys working for different agencies
|
|
|
witness
|
| •
obligation to withdraw if attorney is to be a witness |
|
| |
|
COURT-APPOINTED
ATTORNEY: |
| •
may not reveal to court that client is not indigent if information
is privileged |
|
| •
should withdraw only for compelling reasons |
|
|
DEFENSE
ATTORNEY:
|
| •
communication with police officer |
|
|
•
representing client with multiple-personality disorder
|
91-2
|
|
•
representing criminal defendant when spouse works for the
sheriff
|
92-2
|
|
•
should withdraw from court appointment only for compelling
reasons
|
87-3
|
| |
|
DELEGATION
OF TASKS:
|
|
•
to credit bureau client
|
73-4
|
| |
|
EDUCATIONAL
ACTIVITY:
|
|
•
attorney forming partnership with legal educational consultation
company
|
78-10
|
|
seminar
|
|
•
attorney's participation in
|
75-11
(withdrawn), 04-2
|
|
•
news release regarding
|
75-14,
80-2
|
| |
|
ESCROW
AGENT:
|
|
•
attorney may act as escrow agent with consent of all parties
|
87-4
|
| |
|
ESTATE:
|
|
•
attorney representing P.R. may not bid at auction
|
80-5
|
|
attorney
witnessing a will should not represent either
|
|
•
party in will contest
|
69-2
|
| |
|
ETHIC
VIOLATION:
|
|
•
duty to report
|
89-4
|
| |
| ESTATE
PLANNING & BUSINESS RELATIONSHIPS |
| •
can a practicing attorney be come contractually and financially
associated with a business |
|
| |
|
EVIDENCE:
|
|
obligation
of defense attorney to deliver physical evidence received
from third party to
|
|
•
county attorney
|
80-1,
87-1
|
| |
|
FEES:
|
|
•
asserting a lien on a former client's child support judgment
as means on collecting outstanding legal fees
|
|
|
•
compensation as both P.R. and attorney for estate
|
81-5
|
|
contingent
fee
|
|
•
in paternity case
|
76-10
|
|
•
in unpaid child support/alimony case
|
78-8
|
|
credit
card
|
|
•
advanced fees may be paid by credit card
|
95-4
|
|
•
payment by
|
72-2
(rescinded in part), 75-1,
77-2 (rescinded), 81-2
(modified by), 94-3
and 95-4
|
|
division
of fee with lay person
|
|
•
real estate planner
|
73-6
|
|
•
trade exchange operated by lay person is improper
|
79-4
|
|
•
known to others
|
81-13
|
|
•
interest charged by attorney
|
75-1,
77-4, 81-2,
86-3
|
|
•
mortgage on home involved in dissolution of marriage action
is improper
|
76-16
|
|
•
purchase of installment accounts and credit agreements from
lawyers
|
94-3
|
|
•
responsibility for payment of other attorney's fees
|
79-7
|
|
•
deposited in general account
|
79-3
|
|
•
when a client elects to settle for an amount less than what
the attorney believes is reasonable
|
95-1
|
| |
|
FILES:
|
|
•
destruction of client files
|
88-3
|
|
•
providing files upon client's request
|
01-3
|
| |
| |
|
FIRM
NAME:
|
|
impropriety
of lawyers holding themselves out as partners when that is
not true is not
|
|
•
removed by use of "not a partnership"
|
80-10
|
|
•
law firm name may vary according to location
|
77-3
|
|
•
partnership name including names of attorneys not licensed
in Nebraska
|
78-4
|
