The Nebraska Supreme Court suspended Omaha attorney Greg Lake on April 16, 2026, after 57 of 63 citations in a divorce appellate brief were flagged as defective — including 20 outright hallucinations and 3 entirely fabricated cases generated by AI. The suspension, ordered by Chief Justice Michael Heavican in a one-page directive, leaves Lake's client Jason Regan facing $52,000 in opposing counsel fees while fighting for custody of his daughter. For Nebraska divorce litigants, the ruling signals that courts will now aggressively police AI misuse in family law filings.
Key Facts
| Item | Detail |
|---|---|
| What happened | Nebraska Supreme Court suspended attorney Greg Lake for submitting an AI-generated brief with 57 defective citations |
| When | Suspension order issued April 16, 2026 |
| Where | Nebraska Supreme Court, Lincoln — involving a divorce appeal originating in Douglas County District Court |
| Who's affected | Attorney Greg Lake (Omaha), client Jason Regan, and ongoing custody dispute involving a minor daughter |
| Key rules | Neb. Ct. R. of Prof. Cond. §§ 3-303.1 (meritorious claims), 3-303.3 (candor to tribunal), 3-308.4 (dishonesty); Neb. Ct. R. App. P. § 2-109 (brief requirements) |
| Financial impact | $52,000 in opposing counsel fees assessed against client; indefinite suspension of attorney's law license |
Why This Ruling Matters Legally
The Lake suspension establishes that Nebraska courts will treat AI hallucinations as sanctionable misconduct regardless of intent. According to the WOWT NBC Omaha report, Lake initially denied using AI when opposing counsel flagged the fabricated cases. He later reversed course and submitted an affidavit admitting he used a generative AI tool to draft the appellate brief without verifying the citations. That initial denial — not just the AI use itself — drove the severity of the discipline.
The ruling confirms three legal principles Nebraska family lawyers must now operate under. First, every citation in a court filing must be independently verified regardless of drafting method. Second, candor to the tribunal under Neb. Ct. R. of Prof. Cond. § 3-303.3 applies the moment opposing counsel raises concerns — lawyers cannot deny first and admit later. Third, clients bear the financial consequences of attorney AI misconduct: the $52,000 fee award against Jason Regan was not reversed despite the sanctions against his lawyer.
Nebraska joins a growing list of jurisdictions disciplining attorneys for AI hallucinations, following the 2023 Mata v. Avianca sanction in the Southern District of New York ($5,000) and similar rulings in Texas, Colorado, and Massachusetts throughout 2024 and 2025. What makes the Nebraska order unusual is its speed — the Chief Justice acted on a one-page order rather than referring the matter to the Counsel for Discipline for a months-long investigation.
How Nebraska Law Handles This Situation
Nebraska's professional conduct framework already covered AI hallucinations before this ruling — the Supreme Court simply applied existing rules to a new fact pattern. Under Neb. Rev. Stat. § 7-104, the Nebraska Supreme Court retains exclusive authority over attorney discipline, including summary suspensions when misconduct is documented in court filings. The court invoked Neb. Ct. R. of Prof. Cond. § 3-301.1 (competence), which requires lawyers to possess the legal knowledge and skill reasonably necessary for the representation. Citing fabricated case law fails the competence standard on its face.
For the underlying divorce appeal, Nebraska custody law applies under Neb. Rev. Stat. § 42-364, which requires courts to determine custody based on the best interests of the child. Appellate briefs in custody matters must comply with Neb. Ct. R. App. P. § 2-109, which requires accurate citations to authority. When a brief contains 57 defective citations out of 63 total — a 90.5% error rate — the appellate court cannot meaningfully review the legal arguments.
Nebraska also permits fee-shifting under Neb. Rev. Stat. § 42-367 in divorce cases when one party's conduct unreasonably increases litigation costs. The $52,000 fee award against Jason Regan reflects the hours opposing counsel spent identifying the fabricated citations and preparing motions to strike. Unless reversed on separate appeal, that amount becomes a debt Regan owes to his ex-spouse's attorney regardless of the outcome of his custody claim.
Practical Takeaways for Nebraska Residents
If you are involved in a Nebraska divorce or custody case, this ruling directly affects how you should select and supervise your attorney:
- Ask your attorney in writing whether they use AI tools for legal research or drafting, and request their verification process for citations.
- Request a copy of every brief filed on your behalf before it is submitted to the court — you have the right to review filings that carry your name.
- If you suspect AI misuse by your lawyer, preserve the evidence and contact the Nebraska Counsel for Discipline at (402) 471-1040 within 30 days.
- Understand that fee awards for attorney misconduct generally follow the client, not the lawyer — malpractice claims are a separate legal process under Neb. Rev. Stat. § 25-222 with a two-year statute of limitations.
- Before hiring a Nebraska divorce attorney, check disciplinary history at supremecourt.nebraska.gov/attorney-discipline — public suspensions and reprimands are searchable by name.
- If you are self-represented (pro se), verify every case citation using Westlaw, Lexis, or the free Nebraska Appellate Courts Online database before filing — pro se litigants face the same verification duty as attorneys.
Frequently Asked Questions
Can I sue my Nebraska divorce lawyer if they used AI and lost my case?
Yes, Nebraska permits legal malpractice claims against attorneys under Neb. Rev. Stat. § 25-222, which imposes a two-year statute of limitations from the date of the negligent act. To prevail, you must prove duty, breach, causation, and damages. The $52,000 fee award in the Lake case would likely satisfy the damages element in a malpractice claim against him.
Does the attorney's suspension reverse the $52,000 fee award against the client?
No, the suspension order issued April 16, 2026 addresses attorney discipline only — it does not vacate the underlying fee award against Jason Regan. To reverse the $52,000 assessment, Regan would need to file a separate motion for reconsideration or appeal under Neb. Ct. R. App. P. § 2-101, typically within 30 days of the original order.
Is AI use by lawyers banned in Nebraska divorce cases?
No, Nebraska has no categorical ban on attorney use of AI tools as of April 2026. The Lake suspension turned on three factors: failure to verify citations, fabrication of cases that did not exist, and the attorney's initial denial of AI use when questioned. Nebraska attorneys may use AI if they independently verify every output and disclose the use when asked.
How do I report a Nebraska attorney I suspect is using AI improperly?
File a complaint with the Nebraska Counsel for Discipline at 3808 Normal Boulevard, Lincoln, NE 68506, or call (402) 471-1040. Complaints must be submitted in writing and include specific facts supporting the allegation. The office investigates under Neb. Ct. R. § 3-309 and has authority to recommend suspension or disbarment to the Nebraska Supreme Court.
Will this case change how Nebraska courts review divorce appeals?
Yes, Nebraska appellate courts are likely to apply heightened scrutiny to citation accuracy in family law briefs filed after April 16, 2026. Expect court clerks and law clerks to spot-check citations using Westlaw or Lexis, and expect opposing counsel to file motions to strike when they identify fabricated authority. Expect brief filings to include explicit certifications of citation verification within 60 to 90 days.
Finding Qualified Nebraska Divorce Counsel
If you are navigating a divorce or custody matter in Nebraska and want to verify your attorney's track record — or find a vetted family law attorney in your county — divorce.law maintains exclusive county-level directories covering all 93 Nebraska counties. Every listed attorney is a licensed Nebraska Bar member in good standing with verified credentials.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.