Is My Divorce Lawyer Dragging Out My Case? Nebraska Ethics & Overbilling?
Quick Summary (TL;DR): No, Nebraska lawyers cannot ethically delay a case to increase fees. Fees must be reasonable under Neb. Ct. R. Prof. Cond. § 3-501.5, and lawyers have a duty to avoid improper delay under § 3-503.2. If you suspect unnecessary delays, you can request a free, itemized accounting of fees and costs under § 3-501.5(f), and your lawyer must provide billing detail sufficient to generally apprise you of the work performed.
If you’re in the middle of a Nebraska divorce or custody case, it’s normal to wonder whether things are slow because the issues are complicated, because the court calendar is crowded, or because the process is being pushed in expensive circles. Here’s the clean answer: family lawyers are not ethically allowed to prolong litigation just to increase fees. Nebraska’s Rules of Professional Conduct require reasonable fees, diligence, and communication, and they also explicitly reject “delay for delay’s sake.” The rules don’t promise a fast case, but they do require that the work being billed has a legitimate purpose tied to your goals—not a lawyer’s incentive to run up time. This post explains where the ethical line is, what rights you have as a client (including the right to a free accounting), what red flags to watch for, and what you can do next if you’re worried your case is being over-litigated.
Why This Question Comes Up So Often in Nebraska Family Cases
Family law is one of the few areas where delay can feel like punishment. The longer the case runs, the more it costs, the harder co-parenting gets, and the more people get entrenched. Some delays are legitimate: safety concerns, complicated finances, valuations, custody evaluations, or an opposing party who won’t cooperate. Other delays are preventable. Nebraska also has built-in timing realities—like the statutory waiting period that makes even straightforward divorces take time—so it helps to distinguish “system delay” from “strategy delay.” The Nebraska Judicial Branch’s self-help materials note divorces generally take at least three months due to the waiting period plus scheduling.
The ethical problem isn’t that your case isn’t instant. The ethical problem is when litigation decisions appear untethered from a real legal need or a clear, client-centered plan.
The Ethical Line in One Sentence
In Nebraska, a lawyer cannot use unnecessary litigation steps, delay tactics, or vague billing practices to increase fees, because that puts the lawyer’s financial interest ahead of the client’s legitimate objectives and violates the duties of reasonable fees, diligence, communication, and expediting litigation.
The Nebraska Rules That Matter Most (With the “Pro-Client” Parts Called Out)
§ 3-501.5 (Fees): “Reasonable” is the standard, and you have a specific right to an accounting
Nebraska’s fees rule starts with the core idea that a lawyer may not charge an unreasonable fee or unreasonable expenses, and it lists the familiar factors used to evaluate reasonableness.
But the part many clients don’t know about is § 3-501.5(f). Upon a reasonable and timely request, the lawyer must provide, without charge, an accounting for fees and costs claimed or previously collected. That accounting must include itemization of charges and costs, and it must describe the services performed with enough detail to generally apprise you of the nature of the work. In other words, you are not asking for a favor when you request an itemized bill in Nebraska—you are invoking a rule-based right.
§ 3-501.3 (Diligence) and § 3-501.4 (Communication): you’re entitled to forward motion and clear explanations
Nebraska requires reasonable diligence and promptness and requires lawyers to keep clients reasonably informed and respond to reasonable requests for information.
In practical terms, that means your lawyer should be able to explain why the next step is necessary, what it is expected to accomplish, and what it will likely cost. “Because we always do it this way” is not a strategy.
§ 3-503.2 (Expediting Litigation): the “smoking gun” comment
Nebraska’s expediting litigation rule prohibits delaying litigation or taking action when the lawyer knows (or it is obvious) the action would merely harass or maliciously injure another. The Comment is unusually direct about motives, including this point: “Realizing financial or other benefit from otherwise improper delay in litigation is not a legitimate interest of the client.”
That’s the heart of this entire topic. A lawyer can’t ethically justify improper delay by pointing to how much the delay benefits the lawyer.
What “Over-Litigation” Looks Like (And What It Doesn’t)
Over-litigation often shows up as repetition without payoff. It looks like a pattern of motions that do not meaningfully change the case posture, hearings that exist mainly to re-argue the same point, discovery fights that aren’t tied to an actual disputed issue, or “emergency” filings that consistently don’t match the facts on the ground.
At the same time, it’s important to say this plainly: there are cases where litigation is necessary and appropriate. If a child’s safety is at issue, if someone is hiding assets, if a party refuses to follow court orders, or if a negotiated resolution is not realistically available, then motion practice and trial preparation can be both ethical and unavoidable. The key is whether the work has a substantial purpose beyond delay and whether it matches a coherent plan aligned with your goals.
Nebraska Divorce Process Timeline Keyword Reality Check
If you’re searching “Nebraska divorce process timeline,” part of what you’re feeling may be structural. Nebraska has a waiting period between filing and a final decree, and scheduling plus contested issues can extend things further.
The value of raising the ethics question is not to demand a magically fast case. It’s to make sure that, within the time the system requires, your case is moving with purpose and your billing reflects necessary work.
What You Can Do Next (Without Turning It Into a Fight)
Start with a strategy conversation that forces clarity. Ask your lawyer to connect the dots between the next steps, your goals, and the costs. If you’re worried about billing, make the request in writing and ask for the accounting Nebraska requires. § 3-501.5(f) gives you strong language: the accounting must be provided without charge, and it must include itemized charges and meaningful descriptions.
If you still can’t get straight answers, a second opinion can help you reality-check whether the case posture matches the work being billed. And if you believe the problem is truly unethical conduct (not just a disagreement about strategy), Nebraska’s Office of the Counsel for Discipline of the Nebraska Supreme Court exists to investigate and prosecute violations of the Rules of Professional Conduct.
Strategy Check-In Checklist (Bring This to Your Next Meeting)
Can you explain the specific legal purpose of the next motion/hearing, and what “win” it is designed to achieve?
What is the expected cost range for that step, and what would make it not worth doing?
Is there a more direct path to the primary goal (parenting stability, support certainty, property division, safety)?
Can I have a current itemized accounting under § 3-501.5(f), including descriptions detailed enough to generally apprise me of the work performed?
FAQ: Nebraska Divorce Lawyer Overbilling and Delaying a Case
Can my Nebraska divorce lawyer drag out my case to make more money?
No, not ethically. Nebraska requires reasonable fees and prohibits improper delay, and the comment to § 3-503.2 specifically rejects financial benefit from improper delay as a legitimate client interest.
Do I have a right to an itemized bill in Nebraska?
Yes. Under § 3-501.5(f), upon a reasonable and timely request, your lawyer must provide a fee and cost accounting without charge, including itemized charges and service descriptions with enough detail to generally apprise you of the work performed.
Is a long case automatically a sign of overbilling?
Not necessarily. Some cases take longer due to the mandatory waiting period, docket scheduling, complex finances, safety concerns, or a party who won’t cooperate.
What are common red flags that a case is being over-litigated?
A repeating pattern of motions and hearings that don’t change anything meaningful, resistance to explaining the cost-benefit of each step, and billing entries so vague you can’t tell what was accomplished are common warning signs. Your right to a detailed accounting is one practical tool to evaluate this.
Where do attorney fee disputes in Nebraska go if it’s an ethics issue?
If you believe the issue is unethical conduct (not just dissatisfaction), you can review the grievance process through the Counsel for Discipline resources and submit a complaint.
Is choosing mediation instead of litigation a sign my lawyer isn’t fighting?
No. In family law, “fighting” should mean protecting your goals efficiently and effectively. Ethical lawyering often involves narrowing issues, using ADR when appropriate, and litigating only what truly needs litigating.