FREE NE Bar Professional Responsibility Questions and Answers
A lawyer is preparing a new advertisement for their law firm. Which of the following must the advertisement comply with under Nebraska’s professional conduct rules?
Nebraska’s professional conduct rules require that lawyer advertising be truthful and not misleading. The advertisement must accurately reflect the lawyer’s areas of practice and avoid false or deceptive claims. Approval from the state bar association is not required for all advertisements, but compliance with the rules on truthfulness and non-misleading content is mandatory.
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?
Under the Nebraska Rules of Professional Conduct, a lawyer must disclose any potential conflicts of interest to the new client and obtain their informed consent before proceeding. The key is ensuring that the new client is aware of the potential conflict and agrees to proceed with the representation.
A lawyer receives a settlement check on behalf of a client and deposits it into the lawyer’s trust account. What must the lawyer do before disbursing the funds to the client?
The lawyer must ensure that all liens, expenses, and other obligations related to the case are satisfied before disbursing the funds to the client. This includes verifying that any medical liens or legal fees are paid from the settlement amount. Proper handling of client funds is critical to maintaining trust and avoiding ethical violations.
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 lawyer’s obligation under Nebraska law?
Nebraska rules, similar to the ABA Model Rules, allow a lawyer to reveal information about a client’s planned future crime if it is intended to prevent substantial bodily harm or death. The lawyer must weigh the need for disclosure against the duty of confidentiality and act accordingly to protect potential victims.
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?
If a client’s lack of cooperation significantly impacts the lawyer’s ability to represent them effectively, the lawyer may need to withdraw from representation. Nebraska rules require that if withdrawal is necessary, it must be done in accordance with the procedural rules, and the lawyer should take steps to protect the client’s interests during the withdrawal process.