Nebraska
informalSummary
Nebraska has no formal AI ethics opinion, but the Nebraska Supreme Court suspended an Omaha attorney in April 2026 over 57 defective AI-generated citations in an appellate brief (Prososki v. Regan). The U.S. District Court for Nebraska adopted a binding AI certification rule effective December 1, 2024. Nebraska's first AI statute (LB 525, Conversational AI Safety Act) was signed April 14, 2026.
Applicable ABA Model Rules
- Rule 1.1
- Rule 1.3
- Rule 1.4
- Rule 1.5
- Rule 1.6
- Rule 2.1
- Rule 3.3
- Rule 3.4
- Rule 5.1
- Rule 5.3
- Rule 8.4
Carrier Implications
The Prososki suspension creates a concrete case study Nebraska carriers will reference at renewal. The D. Neb. AI certification rule creates direct malpractice exposure for non-compliant filings. Firms should expect AI use questions on renewal applications.
Nebraska has not issued a formal AI ethics opinion through its Advisory Committee on Professional Ethics, but the state has produced the most consequential AI enforcement action in the country to date. In March 2026 the Nebraska Supreme Court struck attorney W. Gregory Lake’s appellate brief containing 57 defective citations in Prososki v. Regan and referred him for discipline; he was suspended on April 15, 2026. The court cited Neb. Ct. R. of Prof. Cond. §§ 3-501.1, 3-501.3, and 3-503.3, holding that “whether using AI or not, the obligations of candor, competency, diligence, and making good faith arguments remain the same.”
The U.S. District Court for the District of Nebraska’s local rules effective December 1, 2024 require every brief to include a Certificate of Compliance stating either that no generative AI was used or that a human signatory verified the accuracy of all AI-generated content including all citations and legal authority.
Bottom line for a 5-50 attorney Nebraska firm: Do not file in the U.S. District Court for Nebraska without the AI certification. Verify every citation in every filing regardless of how it was drafted. Adopt a written AI use policy now; the Lake suspension demonstrates that existing rules are already being enforced on these facts.
Last verified: April 23, 2026