FAQs

Morrow Poppe Law Firm is open from 8:00am-5:00pm, Monday through Friday. Appointments can be made with individual attorneys based on their availability and individual schedules outside of these general holidays. The office is closed on Christmas Day, New Year’s Day, Memorial Day, July 4^th, Labor Day, Thanksgiving Day, the day after Thanksgiving and on other days at the discretion of the partners of the law firm.

Located in the historic Haymarket of Lincoln, Nebraska the firm’s street address is 201 N. 8^th Street, Suite 300, Lincoln, Nebraska. The main entrance is between the Indian Oven and Brewskeys.

Morrow Poppe Law Firm has ten (10) attorneys affiliated with the firm. The attorneys bill their time based on an hourly rate.  The hourly rate is set based on the attorney’s experience, years of practice, expertise and general demand for the attorney’s services.  The attorneys’ hourly rate at Morrow Poppe Law ranges between $160.00 per hour and $250.00 per hour.

A fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court. Contingent fees are usually calculated as a percentage of the client’s net recovery. In other words, the attorney does not get paid unless you get paid. A contingent fee is not appropriate in all cases.  For more information discuss this option with your individual attorney.

A retainer fee is an advance payment that a client makes to his or her lawyer before the lawyer performs any legal work for the client. It is similar to a deposit in that the lawyer is able to draw funds for various fees as the case proceeds. Retainer fees are almost always required for cases involving a trial or a lawsuit. The amount of the retainer varies based on the type of lawsuit or case and are quoted by each individual attorney upon an initial assessment of your case.

In general, a conflict of interest is a situation where the lawyer cannot provide legal advice because the lawyer either already represents the other party, or the lawyer formerly represented the other side in the same or a substantially related matter, or the lawyer has a personal or business relationship with the other side that would prevent the lawyer from representing you.

The time it takes to file a lawsuit or defend a lawsuit depends on the type of case, the complexity of the issues presented in the case and the approach of opposing counsel. Other factors also determine the time a case may take including the type of litigation, jury or trial to the bench, the court’s calendar, availability of witness, attorneys and parties.

Nebraska law provides for different time restraints on the length of time you have to file a claim or bring a lawsuit depending upon the type of case you have.  These time restraints are called “statutes of limitations” and must be followed or your case may be time barred.  Thus, it is imperative that you consult with an attorney as soon as possible to determine what the applicable statute of limitation is for your case.

All information shared with our attorneys is protected by the attorney-client privilege and is completely confidential.  This privilege applies to all information shared by you, even in the event our services are not retained.  We are confident that you will feel very comfortable sharing your information so we can properly evaluate your case.

A jury trial, or trial by jury, is a lawful proceeding in which a jury, made up of citizens in the community where the lawsuit is filed, makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.

In a bench trial the judge plays the role of the jury as finder of fact in addition to making conclusions of law. These cases are usually faster than jury trials because of the fewer formalities required. For example, there is no jury selection phase and no need for sequestration and jury instructions.

Morrow Poppe Law Firm handles all types of personal injury cases, including but not limited to motor vehicle and motorcycle accidents, workers’ compensation matters, wrongful death, medical malpractice, slip and falls, and dog bites. We provide a free consultation to you for any type of personal injury case to help determine if we can represent you in such a case.

Yes, we do estate planning of all types, including estate administration. Estate planning is not only necessary for the wealthy, it is necessary for everyone, especially parents of minor children. A Will is the only valid legal document in Nebraska that allows a parent to designate a guardian for their minor children after one or both parents are deceased. Medical and Financial Power of Attorney documents are also important and necessary for all adults as it allows an individual to designate who can make financial and medical decisions for them in the event that they cannot do so for themselves (ie: incapacitated due to a tragic accident, medical episode or illness).

Yes, we assist both buyers and sellers with residential and commercial property transactions to including buying and selling real estate, lease agreements, review of title commitments, closings, etc. Having an experienced real estate attorney prepare and/or review a purchase agreement or lease agreement can save a client from incurring legal costs and battles down the road.

No, in order for an individual or a company/entity to use a DBA in the state of Nebraska, this name must be approved and registered with the Nebraska Secretary of State. Our office can assist with the formation of entities, registering trade names and trademarks and other necessary legal documents to assist your business.

Landlord tenant disputes are generally governed by the Nebraska Landlord Tenant Act and written leases or agreements.

The tenant must be served with a seven-day notice demanding that the rent be paid or the tenant surrender possession of the premises within seven days (excluding the day of service, weekends and holidays).

Should there be a written lease that states that the notice period is longer than seven days, then the notice period in the lease would govern rather than the statutory seven-day notice.

Morrow Poppe law firm has attorneys that specialize in both commercial and residential landlord-tenant disputes.

Bankruptcy is a legal process which allows a consumer or business to eliminate, reduce, or reschedule their debts. It may prevent creditors from taking further actions to collect debts.

There are some debts, such as student loans, child support payments, and certain taxes which generally cannot be eliminated or reduced by bankruptcy.

Under Chapter 7 bankruptcy, most of your debts will be eliminated. Some debts, such as federal taxes, student loans, and child support, generally cannot be eliminated.

Under Chapter 13 bankruptcy, your debts may be eliminated, reduced, or rescheduled. For those that are not eliminated you will need to address them over a three to five year period in your court approved Plan of Reorganization.

Morrow Poppe Law Firm has attorneys who specialize in the areas of bankruptcy and debt reorganization. Call today for an initial appointment.

No, the State of Nebraska does not expunge records. Once a conviction has occurred, the only redress that is available to restore civil rights (other than the Court of Appeals) is that of the Pardons Board.  The Nebraska Board of Pardons has the free discretion to grant or deny a pardon of any lawfully imposed sentence for any reason or no reason at all.  A decision to pardon an individual from a crime generally depends on purely subjective evaluations and a prediction of future behavior by those entrusted with the decision and warrants a waiting period from the conviction of the individual’s last crime to establish a pattern of behavior.

For more information on the Nebraska Pardons process you can visit: http://www.pardons.nebraska.gov/faq.html.

There are several attorneys in the firm with experience in front of the Nebraska Board of Pardons.

A temporary custody hearing is a hearing in the early stages of a divorce or paternity action at which the Court will determine the custody, parenting time and child support arrangement that will be in effect until trial or further order of the Court. Generally, these hearings are held by written testimony or affidavits.

Child support is determined in accordance with the Nebraska Child Support Guidelines (LEARN MORE). Child Support is primarily influenced by (1) the amount of time that each parent has the child in his or her care; and (2) the relative income of the parties.  The following factors can also impact child support:

• Costs incurred for health insurance for the child and the parties;
• Mandatory reductions from pay (e.g. retirement contributions);
• Whether a parent is ordered to pay child support for other children;
• Whether a parent has other children in his or her care from a previous or subsequent relationship;
• Earning capacity of each party;
• Tax credits and Child Care Credits claimed by the parties; and
• Other factors that may affect child support on a case-by-case basis

Domestic Mediation or Divorce Mediation is a process outside of the Courts in which, you and your spouse—or, in some cases, the two of you and your respective lawyers—hire a neutral third party, called a mediator, to meet with you in an effort to discuss and resolve the issues in your divorce. Mediations of parenting plans help parents keep their focus on the best interest of their child(ren) while ensuring a neutral and safe environment for each parent to address their concerns. Parenting plans include details on how parenting responsibilities after separation or divorce will be allocated to ensure all needs of the children are met.  In Nebraska mediation is mandatory in all cases filed after July 1, 2010 in which a parenting plan has not been submitted to the court within the time specified.  Rev. Stat. 42-2937.

Morrow Poppe Law Firm has two Nebraska Supreme Court Mediators available to prospective clients, Terry Poppe and Nick Froeschl. Contact either Mr. Poppe or Mr. Froeschl to start the mediation process.

Mediation is a procedure in which the parties discuss their disputes with the assistance of a trained impartial third person(s) who assists them in reaching a settlement. It may be an informal meeting among the parties or a scheduled settlement conference. The dispute may either be pending in a court or potentially a dispute which may be filed in court. Cases suitable for mediation are disputes in commercial transactions, personal injury, construction, workers compensation, labor or community relations, divorce, domestic relations, employment or any other matters which do not involve complex procedural or evidentiary issues. Attendance at the mediation conference is voluntary by the parties, except where governed by statute or contract clause.

Nicholas M. Froeschl is a licensed mediator and approved domestic mediator through the Nebraska Supreme Court. Froeschl is available to mediate divorce and custody matters, civil disputes, contract disputes, personal injury and tort claims and other disputes.  To start the mediation process click here.

As a general rule, all property accumulated and acquired by either spouse during the marriage is part of the marital estate, unless it falls within an exception. Exceptions include property accumulated and acquired through gift or inheritance or property held in trust by a third person.

Parents who have legal custody are able to make legal decisions on matters impacting the child such as decisions about the minor child’s health, safety, education, and religion. Physical custody refers to who the child lives with.