Attorney Advertising Rules for the State of Nebraska

In Nebraska, attorney advertising is governed by the Nebraska Rules of Professional Conduct, specifically §§ 3-507.1 through 3-507.5. These regulations ensure that communications about legal services are truthful and uphold the integrity of the legal profession.

• 3-507.1: Communications Concerning a Lawyer’s Services

This rule prohibits false or misleading communications about a lawyer’s services. A statement is considered misleading if it contains a material misrepresentation of fact or law, or omits information that makes the overall message materially misleading. For example, suggesting guaranteed outcomes or creating unjustified expectations would violate this rule.

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• 3-507.2: Advertising

Lawyers may advertise their services through various media, including written, recorded, or electronic communications, subject to certain conditions:

• Payment for Recommendations: Lawyers are prohibited from giving anything of value for recommending their services, except for paying reasonable costs of advertisements, usual charges of legal service plans, or not-for-profit lawyer referral services. Nominal gifts as expressions of appreciation are allowed, provided they are not intended or expected as compensation for recommendations.

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• Reciprocal Referral Agreements: Lawyers may enter into reciprocal referral agreements with other professionals, provided such agreements are not exclusive and the client is informed of the nature of the agreement.

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• Identification of Responsible Lawyer: All advertisements must include the name and office address of at least one lawyer or law firm responsible for their content.

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• 3-507.3: Direct Contact with Prospective Clients

This rule addresses solicitation of clients:

• Prohibited Solicitations: Lawyers must not solicit professional employment through live person-to-person contact when a significant motive is pecuniary gain, unless the contact is with another lawyer, a person with whom the lawyer has a family, close personal, or prior professional relationship, or a person who routinely uses for business purposes the type of legal services offered by the lawyer.

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• Permitted Communications: Solicitation through written, recorded, or electronic communication is permitted, provided it complies with § 3-507.1 and does not involve coercion, duress, or harassment.

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• 3-507.4: Communication of Fields of Practice

Lawyers may communicate the areas of law in which they practice. However, a lawyer shall not state or imply that they are a specialist in a particular field of law unless they have been certified by an organization approved by an appropriate state authority or accredited by the American Bar Association, and the name of the certifying organization is clearly identified in the communication.

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• 3-507.5: Firm Names and Letterheads

This rule governs the use of firm names and professional designations:

• Use of Trade Names: A law firm may use a trade name in private practice if it is not misleading and does not imply a connection with a government agency or with a public or charitable legal services organization.

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• Names of Lawyers: The use of names of deceased or retired members is permissible if the firm is a bona fide successor. However, the name of a lawyer holding public office must not be used in the firm name during any substantial period in which the lawyer is not actively and regularly practicing with the firm.

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Attorneys practicing in Nebraska should familiarize themselves with these rules to ensure compliance in their advertising practices. For comprehensive information and resources, attorneys can consult the Nebraska Judicial Branch’s website, which provides access to the full text of the Nebraska Rules of Professional Conduct, ethics opinions, and guidelines to assist lawyers in adhering to ethical standards in all aspects of their practice.

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