How to sue your lawyer in Nebraska.

Nebraska treats a claim against a lawyer as professional negligence, governed by Neb. Rev. Stat. § 25-222. The statute says the suit must be filed within two years after the act or omission that forms the basis of the claim. In Nebraska, the 2-year statute of limitations for legal malpractice starts on the date of the lawyer's negligent act, not the date you suffer the loss.

The Nebraska Supreme Court restated the framework in Dondlinger v. Nelson, 305 Neb. 894 (2020), relying on Guinn v. Murray, 286 Neb. 584, 837 N.W.2d 805 (2013): a malpractice plaintiff must either file within 2 years of the act, or show that the claim fits the statute's discovery exception or was tolled by continuous representation.

The discovery exception is narrow

The discovery rule in § 25-222 applies only when the claim was not discovered and could not reasonably have been discovered within the 2-year period. When it applies, you get 1 year from discovery (or from discovering facts that would reasonably lead to discovery, whichever is earlier). The court has said you do not need to know the exact nature of the problem, only that a problem existed, and that discovery means knowing about the injury, not knowing you have a legal right to sue.

Continuous representation

The clock is tolled while there is continuity of the relationship and services on the same or a related matter after the negligence. But Nebraska's continuous representation rule does not apply if you discover the lawyer's mistake before the representation ends. That is exactly what sank the claim in Dondlinger: the clients learned their lawyers had failed to properly serve a defendant, the representation ended about the same time, and they filed more than a year after discovery. The court held the claim time barred.

The 10-year statute of repose

Section 25-222 also contains a statute of repose: no professional negligence action may be brought more than 10 years after the service that caused the harm, no matter when you found out. Our 50-state deadline table compares Nebraska with other states, and our guide on what to do when a lawyer misses a deadline covers the first steps.

Nebraska courts state the elements of legal malpractice as three things: (1) the attorney's employment, (2) the attorney's neglect of a reasonable duty, and (3) that the negligence resulted in and was the proximate cause of loss to the client. A Nebraska legal malpractice plaintiff must prove three elements: employment of the lawyer, neglect of a reasonable duty, and a loss that the neglect proximately caused.

The third element usually means proving the case within a case: that you would have gotten a better result in the original matter if the lawyer had done the job properly. Losing a case, or getting a result you dislike, is not enough. Our guide to what is not legal malpractice walks through the common gray areas.

Expert testimony

Nebraska has no statute requiring a certificate of merit in a lawsuit against a lawyer. In practice, though, you will usually need an expert witness. Under Boyle v. Welsh, 256 Neb. 118, 589 N.W.2d 118 (1999), a defendant lawyer's own affidavit saying he met the standard of care makes a prima facie case for summary judgment, and the client then has to produce contrary evidence. In Titus v. Schense, an unpublished 2023 Nebraska Court of Appeals memorandum opinion, the trial court entered judgment for the lawyer after the client offered no expert evidence, and the Court of Appeals affirmed. See our guide on the legal malpractice expert witness.

Nebraska takes a middle path. In Rodriguez v. Nielsen, 259 Neb. 264, 609 N.W.2d 368 (2000), the Supreme Court held that a convicted person suing defense counsel does not first have to win exoneration through reversal or postconviction relief, reasoning that the statute of limitations would usually run before such relief could be obtained. But the plaintiff must add a fourth element: actual innocence of the underlying crime.

In Nebraska, a former criminal defendant suing defense counsel must allege and prove innocence of the crime charged, but need not first obtain postconviction relief. The Supreme Court reaffirmed that innocence requirement in Buttercase v. Davis, 313 Neb. 1 (2022). Read more about criminal defense malpractice and how it differs from ineffective assistance of counsel.

Many complaints about lawyers are really about bills. The Nebraska State Bar Association runs the Nebraska Legal Fee Arbitration Program, which the bar describes as a way to resolve fee disputes through voluntary arbitration. The client files a petition and the lawyer files an answer; both sides must agree to take part. It is usually faster and cheaper than a lawsuit, and it is the right tool when the work was done but the bill is the fight. See our guide to attorney fee dispute arbitration.

If a lawyer took your money, the NSBA Client Assistance Fund, created in 1974 under the authority of the Nebraska Supreme Court, helps people recover losses caused by dishonest conduct of a Nebraska lawyer while practicing law. Nebraska's Client Assistance Fund covers losses from a lawyer's dishonest conduct, not ordinary negligence or fee disagreements. Claims are made on the fund's application form, must be notarized, and go to the Client Assistance Fund Board in Lincoln. We did not find a published per-claim cap on the bar's page, so ask the fund directly. Our client protection fund guide explains how these funds work.

The Nebraska Supreme Court's Counsel for Discipline investigates and prosecutes violations of the Nebraska Rules of Professional Conduct. You can file a grievance using the court's electronic form, by email, by fax, or by mail to the office in Lincoln, with copies of your supporting papers.

Discipline can range from a reprimand to suspension or disbarment. But the office says plainly that it cannot take money from the lawyer to return to you, cannot give legal advice, and is not a substitute for a civil claim. A Nebraska grievance can cost a lawyer the license, but it cannot pay you damages or stop your 2-year malpractice clock. Our guide to malpractice versus a bar complaint covers when to use each.

Nebraska does not require lawyers to carry malpractice insurance, but every active lawyer must certify each year whether they are covered, and the court rule says those certifications are made available to the public.

1. Write down the dates. When did the lawyer act or fail to act, when did you first suspect a problem, and when did the representation end? The 2-year and 1-year periods run from those dates.
2. Get your file. You are entitled to your client file. See how to get your case file from your lawyer.
3. Sort the problem. A bill dispute belongs in fee arbitration, theft belongs with the Client Assistance Fund and the Counsel for Discipline, and a lost case caused by a real error is a malpractice question.
4. Talk to a lawyer who handles these cases. Most work on a contingency fee. Our before you sue checklist helps you prepare.

If you think your lawyer's mistake cost you, a free case review takes about two minutes and can connect you with an independent attorney in Nebraska who handles legal malpractice claims.