NE Bar Professional Responsibility

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?

Accepted Answer

Disclose the potential conflict to the new client and obtain their informed consent before proceeding.

Answer

Represent the new client without further action as long as the previous client is not involved in the current matter.

Answer

Seek the previous client’s consent before representing the new client.

Answer

Decline to represent the new client to avoid any appearance of impropriety.

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 lawyer’s obligation under Nebraska law?

Accepted Answer

Disclose the information to the authorities if the crime involves serious harm to others.

Answer

Maintain confidentiality of the information and take no further action.

Answer

Use the information to discredit the client in the media.

Answer

Ignore the information and proceed with the case as usual.

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?

Accepted Answer

Withdraw from representation if the lack of cooperation is material and affects the case.

Answer

Continue to represent the client regardless of their lack of cooperation.

Answer

Report the client’s behavior to the bar association immediately.

Answer

Increase efforts to contact the client but do not withdraw.

Question 4

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?

Accepted Answer

The advertisement must be truthful, not misleading, and include information about the lawyer’s areas of practice.

Answer

The advertisement must be approved by the state bar association before being published.

Answer

The advertisement must only be published in legal journals and not on social media.

Answer

The advertisement must include testimonials from former clients.

Question 5

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?

Accepted Answer

Verify that all outstanding liens and expenses related to the case are satisfied before disbursing the funds.

Answer

Wait until the client requests the funds before disbursing.

Answer

Disburse the funds immediately to avoid any delays.

Answer

Use the funds to cover their own legal fees if the client has an outstanding bill.