QUESTION:
Nebraska Court Rule of Professional Conduct §3-501.5(c) requires contingent fee agreements to be in writing and signed by the client. You receive non-confidential information clearly indicating that a Nebraska lawyer failed to have a client sign a contingency fee agreement. You:
A. Do not have a mandatory ethical obligation to file a grievance against the lawyer.
B. Have a mandatory ethical obligation to file a grievance against the lawyer.
C. Have a mandatory ethical obligation to file a grievance against the lawyer with the Fee
Arbitration Program.
D. May ethically contact the client by telephone, explain your concerns about current
counsel, and offer to represent the client on the underlying case.
ANSWER:
A. The mandatory duty to file a disciplinary grievance is applicable only to violations that raise a substantial question about the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects. Nebraska Court Rule of Professional Conduct §3-508.3(a).
Carlson’s Ethics Refresher is prepared by the Counsel for Discipline of the Nebraska Supreme Court. If you have a question about your ethical responsibilities, contact the Office of the Counsel for Discipline at 402-471-1040 or 877-504-0967.