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Nebraska Revised Statutes

Neb. Rev. Stat. § 7-105 (2026)

Duties of attorneys and counselors

✓ current as of July 2026
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It is the duty of an attorney and counselor: (1) To maintain the respect due to the courts of justice and to judicial officers; (2) to counsel or maintain no other actions, proceedings or defenses than those which appear to him legal and just, except the defense of a person charged with a public offense; (3) to employ, for the purpose of maintaining the cause confided to him, such means only as are consistent with the truth; (4) to maintain inviolate the confidence, and, at any peril to himself, to preserve the secrets of his clients; (5) to abstain from all offensive practices and to advise no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; (6) not to encourage the commencement or continuance of an action or proceeding from any motive of passion or interest.

Notes of Decisions
Cited in 14 cases, 1955–2009 · leading case: State Ex Rel. Nebraska State Bar Ass'n v. Miller, 602 N.W.2d 486 (Neb. 1999).
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State Ex Rel. Nebraska State Bar Ass'n v. Miller, 602 N.W.2d 486 (Neb. 1999). · cites it 7× “Specifically, the referee found that Miller did not faithfully discharge the duty mandated by Neb. Rev. Stat. § 7-105 (6) (Reissue 1997), which prohibits an attorney from encouraging the commencement of an action from any motive of passion or interest.”
State v. Douglas, 349 N.W.2d 870 (Neb. 1984). · cites it 6× “Neb. Rev. Stat. § 7-105 relating to the duties of an attorney; or, *209 E.”
State Ex Rel. Nebraska State Bar Ass'n v. Rhodes, 131 N.W.2d 118 (Neb. 1964). · cites it 16× “' It also alleges that- said unprofessional conduct was a violation of subdivisions (1), (5), and (6) of section 7-105, R. R. S. 1943. It further alleges that said act was' in violation of the obligations implicit in the lawyer’s oath provided for by section 7-104, R.”
State ex rel. Nebraska State Bar Ass'n v. Douglas, 416 N.W.2d 515 (Neb. 1987). · cites it 3× “” See, also, Neb. Rev. Stat. § 7-105 (4) (Reissue 1983).”
State v. Hawes, 556 N.W.2d 634 (Neb. 1996). · cites it 4× “§ 27-503 (2) (Reissue 1995) to refuse to disclose, and to prevent any other person from disclosing, confidential communications between the client and his or her lawyer made for the purpose of facilitating the rendition of professional legal services, Neb. Rev. Stat. § 7-105 (4)…”
State ex rel. Nebraska State Bar Ass'n v. Michaelis, 316 N.W.2d 46 (Neb. 1982). · cites it 2× “Neb. Rev. Stat. § 7-105 (Reissue 1977) provides that upon admission to the bar of this state, attorneys assume certain duties as officers of the court.”
Hopkins v. Stauffer, 775 N.W.2d 462 (Neb. Ct. App. 2009). · cites it 2× “Neb.Rev.Stat. § 7-105(2) (Reissue 2007) imposes upon an attorney the duty "to counsel or maintain no other actions, proceedings or defenses than those which appear to him [or her] legal and just, except the defense of a person charged with a public offense.”
State Ex Rel. Nebraska State Bar Ass'n v. Fisher, 103 N.W.2d 325 (Neb. 1960). · cites it 4× “” The complaint then goes on to state: “That the acts herein set forth constitute-unprofessional conduct by the respondent as a member of the Nebraska State Bar; constitute a violation of his oath of office as an attorney; constitute a violation of Section 7-105 R. R. S. of…”
Rhodes v. Meyer, 225 F. Supp. 80 (D. Neb. 1963). “Marchetti, and; in violation of the statutes and constitution of the United States, the constitution of Nebraska, and sections 7-105 and'. 7-106 R.R.S.Neb.1943, Reissue of 1956; and at the time of such filing of such, copy in this court, the defendants hereto, except Peter E.”
State Ex Rel. Creighton Univ. v. Hickman, 512 N.W.2d 374 (Neb. 1994). · cites it 2× “See, *253 Canon 9 of the Code of Professional Responsibility; Neb Rev. Stat. § 7-105 (Reissue 1991). That Walzak is no longer an attorney and did not function as an attorney at Bickel & Brewer is of no consequence.”
State Ex Rel. St. Bar Ass'n v. Douglas, 416 N.W.2d 515 (Neb. 1987). · cites it 3× “" See, also, Neb.Rev.Stat. § 7-105(4) (Reissue 1983). Subsection 8B Subsection 8B alleges conduct involving dishonesty, fraud, deceit or misrepresentation that was prejudicial to the administration of justice, and that such conduct was in conflict with respondent's duties as…”
State Ex Rel. Nebraska State Bar Ass'n v. Butterfield, 98 N.W.2d 714 (Neb. 1959). · cites it 2× “1943, provides in part: “It is the duty of an attorney and counselor: (1) To maintain the respect due to the courts of justice and to judicial officers; * * * (3) to employ, for the purpose of maintaining the cause confided to him, such means only as are consistent with the…”
Show all 14 citing cases →
— Neb. Rev. Stat. § 7-105(2) — 1 case
Hopkins v. Stauffer, 775 N.W.2d 462 (Neb. Ct. App. 2009). “Neb.Rev.Stat. § 7-105(2) (Reissue 2007) imposes upon an attorney the duty "to counsel or maintain no other actions, proceedings or defenses than those which appear to him [or her] legal and just, except the defense of a person charged with a public offense.”
— Neb. Rev. Stat. § 7-105(4) — 3 cases
State ex rel. Nebraska State Bar Ass'n v. Douglas, 416 N.W.2d 515 (Neb. 1987). “” See, also, Neb. Rev. Stat. § 7-105 (4) (Reissue 1983).”
State v. Hawes, 556 N.W.2d 634 (Neb. 1996). “§ 27-503 (2) (Reissue 1995) to refuse to disclose, and to prevent any other person from disclosing, confidential communications between the client and his or her lawyer made for the purpose of facilitating the rendition of professional legal services, Neb. Rev. Stat. § 7-105 (4)…”
State Ex Rel. St. Bar Ass'n v. Douglas, 416 N.W.2d 515 (Neb. 1987). “" See, also, Neb.Rev.Stat. § 7-105(4) (Reissue 1983). Subsection 8B Subsection 8B alleges conduct involving dishonesty, fraud, deceit or misrepresentation that was prejudicial to the administration of justice, and that such conduct was in conflict with respondent's duties as…”
— Neb. Rev. Stat. § 7-105(6) — 1 case
State Ex Rel. Nebraska State Bar Ass'n v. Miller, 602 N.W.2d 486 (Neb. 1999). “Specifically, the referee found that Miller did not faithfully discharge the duty mandated by Neb. Rev. Stat. § 7-105 (6) (Reissue 1997), which prohibits an attorney from encouraging the commencement of an action from any motive of passion or interest.”
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