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.
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.
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.
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.
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.
