NE Bar Professional Responsibility 1 â Questions and Answers
Question 1: A lawyer is considering representing a new client in a matter that is substantially related to a case they previously handled for another client. The previous client is not involved in the current matter. What should the lawyer do to avoid a conflict of interest?
- Represent the new client without further action as long as the previous client is not involved in the current matter.
- Disclose the potential conflict to the new client and obtain their informed consent before proceeding. (Correct answer)
- Seek the previous clientâs consent before representing the new client.
- Decline to represent the new client to avoid any appearance of impropriety.
Correct answer: Disclose the potential conflict to the new client and obtain their informed consent before proceeding.
Under rules of professional conduct, a lawyer generally cannot represent a new client in a matter substantially related to a former client's case without the former client's informed consent. However, if the previous client is not involved in the current matter, the lawyer must still disclose the potential conflict to the *new* client and obtain their informed consent. This ensures the new client understands any potential implications of the prior representation and agrees to proceed.
Question 2: A lawyer receives information from a client about a planned future crime. The client insists that the lawyer keep this information confidential. What is the lawyerâs obligation under Nebraska law?
- Maintain confidentiality of the information and take no further action.
- Disclose the information to the authorities if the crime involves serious harm to others. (Correct answer)
- Use the information to discredit the client in the media.
- Ignore the information and proceed with the case as usual.
Correct answer: Disclose the information to the authorities if the crime involves serious harm to others.
While attorney-client confidentiality is paramount, it is not absolute. Under Nebraska Rules of Professional Conduct, a lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm. This exception prioritizes the protection of human life and safety over strict confidentiality.
Question 3: A lawyer is representing a client who is not responding to communications and is not cooperating with the representation. What is the lawyer required to do under Nebraska law?
- Continue to represent the client regardless of their lack of cooperation.
- Withdraw from representation if the lack of cooperation is material and affects the case. (Correct answer)
- Report the clientâs behavior to the bar association immediately.
- Increase efforts to contact the client but do not withdraw.
Correct answer: Withdraw from representation if the lack of cooperation is material and affects the case.
Under Nebraska Rules of Professional Conduct, a lawyer may permissibly withdraw from representation if the client's conduct makes it unreasonably difficult for the lawyer to carry out the representation effectively. A client's persistent failure to communicate or cooperate can materially impair the lawyer's ability to represent them, making withdrawal appropriate and sometimes necessary to avoid violating other ethical duties.
Question 4: A lawyer is preparing a new advertisement for their law firm. Which of the following must the advertisement comply with under Nebraskaâs professional conduct rules?
- The advertisement must be approved by the state bar association before being published.
- The advertisement must be truthful, not misleading, and include information about the lawyerâs areas of practice. (Correct answer)
- The advertisement must only be published in legal journals and not on social media.
- The advertisement must include testimonials from former clients.
Correct answer: The advertisement must be truthful, not misleading, and include information about the lawyerâs areas of practice.
Nebraska's professional conduct rules, like those in most states, require lawyer advertising to be truthful and not misleading. Advertisements must accurately represent the lawyer's services and qualifications, and typically include information about their areas of practice to help potential clients make informed decisions. There is no general requirement for pre-approval by the bar association or restriction to specific publication types.
Question 5: A lawyer receives a settlement check on behalf of a client and deposits it into the lawyerâs trust account. What must the lawyer do before disbursing the funds to the client?
- Wait until the client requests the funds before disbursing.
- Verify that all outstanding liens and expenses related to the case are satisfied before disbursing the funds. (Correct answer)
- Disburse the funds immediately to avoid any delays.
- Use the funds to cover their own legal fees if the client has an outstanding bill.
Correct answer: Verify that all outstanding liens and expenses related to the case are satisfied before disbursing the funds.
When a lawyer receives settlement funds on behalf of a client, they have a fiduciary duty to hold those funds in a trust account and disburse them properly. Before releasing the funds to the client, the lawyer must ensure that all valid liens (e.g., medical liens, subrogation claims) and agreed-upon expenses related to the case are satisfied. This protects both the client and third parties with legitimate claims against the settlement proceeds.
NE Bar Professional Responsibility 1
A lawyer is considering representing a new client in a matter that is substantially related to a case they previously handled for another client.
The previous client is not involved in the current matter.
What should the lawyer do to avoid a conflict of interest?