KRC Consulting collected these Nebraska sources on lawyers' use of AI while researching AI for small law firms. It covers the federal court in Nebraska, the Lawyer's Advisory Committee and the Nebraska Supreme Court, not individual state trial courts. This page is general information and gives no legal or ethics advice.
Federal court in Nebraska
Nebraska's federal court has a rule on AI. Rule 7.1(d)(2) of the District of Nebraska's civil rules, effective December 1, 2025, requires parties using generative AI programs "to verify the contents of their filings." The court may strike a filing that is not properly verified and may sanction the filing party (District of Nebraska Civil Rules, 2025).
Nebraska ethics guidance
The Nebraska Supreme Court's Lawyer's Advisory Committee publishes its ethics opinions online. As of October 2026, the list runs through Opinion 25-01 and includes no opinion on AI (Nebraska Judicial Branch).
Until the committee issues one, the American Bar Association's Formal Opinion 512 is the main national guidance on AI. It does not bind Nebraska lawyers, and Nebraska's own conduct rules still apply.
Prososki v. Regan
In Prososki v. Regan (Nebraska Supreme Court, March 20, 2026), the appellant's brief contained numerous fictitious citations and quotations. The court listed them in a chart. The court called the brief "potentially AI-generated"; counsel denied using AI. The court wrote that the result is the same "regardless of whether AI was used."
The Nebraska Supreme Court struck the brief, dismissed the appeal and referred counsel to the Counsel for Discipline, the court's office that investigates and prosecutes violations of the lawyer conduct rules. It ruled that existing lawyer-conduct rules and court rules already cover made-up legal authority, "whether through generative AI or not." It also said AI "must be used with caution and humility" (Nebraska Supreme Court, 2026).
What to do
Verify every citation and quotation against the source before anyone signs. As a firm practice, have a named person do the check and record it.
Put the process in a written firm policy that covers permitted tools, client information, supervision, billing and error correction. The main article has a sample AI policy outline.
Sources
- District of Nebraska Civil Rules (Rule 7.1(d)(2)), effective Dec. 1, 2025: https://www.ned.uscourts.gov/sites/default/files/documents/NECivR.2025.pdf
- Nebraska Lawyer's Advisory Committee opinions: https://nebraskajudicial.gov/administration/professional-ethics/attorney-discipline-ethics/lawyer-ethics-opinions
- ABA Formal Opinion 512, "Generative Artificial Intelligence Tools," July 29, 2024: https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf
- Prososki v. Regan, 321 Neb. 38 (2026): https://www.nebraska.gov/apps-courts-epub/public/viewOpinion?docId=N00013081PUB
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