On April 16, 2026, the Nebraska Supreme Court temporarily suspended Omaha attorney Greg Lake after he admitted using artificial intelligence to draft a divorce appeal brief containing 57 defective citations out of 63 — including 4 entirely fabricated cases and 20 reference hallucinations. For Nebraska divorcing spouses, this ruling signals that AI-generated legal work product without attorney verification now carries immediate disciplinary consequences under Neb. Ct. R. § 3-503.3.
Key Facts
| Item | Detail |
|---|---|
| What happened | Temporary suspension of Omaha attorney Greg Lake |
| When | April 16, 2026 |
| Where | Nebraska Supreme Court |
| Case type | Divorce appeal before the state's highest court |
| Defects found | 57 of 63 citations defective — 20 hallucinations, 4 fabricated cases |
| Next step | Referee hearing to determine full suspension length |
| Key rule | Neb. Ct. R. § 3-503.3 (candor toward the tribunal) |
According to reporting from WOWT and Nebraska Public Media, Lake initially denied using AI when confronted by opposing counsel and the court. He later reversed course and acknowledged the conduct as a "grave error of judgment." The Nebraska Supreme Court ordered a temporary suspension pending a full disciplinary hearing, where a referee will recommend the ultimate length of the suspension.
Why This Ruling Changes Nebraska Divorce Practice
This suspension establishes that Nebraska courts will treat unverified AI-generated citations as a violation of the duty of candor, not merely a research error. The 90.5% defect rate (57 of 63 citations) in Lake's brief is the central factual finding — it demonstrates the case was not a close call on AI use but a wholesale abdication of the verification duty required under Neb. Ct. R. § 3-501.1 (competence) and Neb. Ct. R. § 3-503.3 (candor toward the tribunal).
The court's decision aligns Nebraska with a growing national pattern. Since the 2023 Mata v. Avianca sanctions in the Southern District of New York, at least 30 state bars have disciplined attorneys for filing AI-hallucinated citations. Nebraska's action is significant because it involves a divorce appeal — a context where appellate briefs directly shape property division, custody determinations, and alimony awards affecting families for decades.
For divorce litigants, the practical consequence is immediate. If your attorney's brief contains fabricated citations, the appellate court can disregard the entire filing, sanction counsel, and in some cases require the client to pay opposing party's attorney fees under Neb. Rev. Stat. § 25-824 (frivolous litigation sanctions).
How Nebraska Law Handles Attorney Misconduct in Divorce Cases
Nebraska's disciplinary framework for attorneys operates through the Nebraska State Bar Association Counsel for Discipline under Neb. Ct. R. § 3-310. Temporary suspension — the sanction imposed on Lake — is authorized when the Counsel for Discipline presents clear evidence of misconduct that threatens the public interest or the integrity of pending proceedings.
The referee process Lake now faces is governed by Neb. Ct. R. § 3-309. A referee conducts a full evidentiary hearing, receives testimony, and issues a written report with recommended discipline. Possible outcomes range from private reprimand to permanent disbarment. For cases involving dishonesty to a tribunal — Lake's initial denial of AI use — Nebraska precedent supports suspensions of 30 days to 2 years, depending on mitigating factors and prior disciplinary history.
In divorce cases specifically, Nebraska Revised Statute Neb. Rev. Stat. § 42-351 gives courts broad equitable authority over proceedings. An appellate brief riddled with fabricated authority cannot support a reversal or modification of a dissolution decree. If your divorce appeal relied on defective citations, the appellate court will typically affirm the trial court's ruling without reaching the merits — meaning property division, custody orders, and support awards stand as originally entered under Neb. Rev. Stat. § 42-365.
The Nebraska Supreme Court has not issued a formal rule banning AI use in legal filings. Instead, existing rules of professional conduct apply: the attorney is responsible for every citation, every factual assertion, and every legal argument in the brief, regardless of the drafting tool used.
Practical Takeaways for Nebraska Divorce Litigants
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Ask your attorney directly whether AI tools are used in drafting your pleadings, and if so, what verification process is followed before filing. A reasonable answer includes manual citation-checking through Westlaw, Lexis, or Nebraska Appellate Courts Online.
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Request a copy of every brief filed in your divorce case before the deadline. You have the right to review your own legal filings under the client communication duty in Neb. Ct. R. § 3-501.4.
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If you suspect your former attorney filed defective work, you can file a grievance with the Nebraska Counsel for Discipline at 3833 S. 14th Street, Lincoln, NE 68502. The intake form is available at supremecourt.nebraska.gov.
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If you are currently appealing a Nebraska divorce ruling, confirm with your appellate counsel that all cases cited in your brief have been independently verified. A brief with even one fabricated citation can undermine the entire appeal under Nebraska's de novo review standard for divorce cases per Neb. Rev. Stat. § 25-1925.
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Preserve your attorney fee records. If your attorney's conduct caused rework, delay, or a dismissed appeal, you may be entitled to a fee refund through the Nebraska Client Security Fund or through a malpractice action governed by the 2-year statute of limitations in Neb. Rev. Stat. § 25-222.
What This Means for Nebraska's Legal Profession
The Lake suspension is the first major AI-related discipline case reported in Nebraska. Based on Mata v. Avianca and follow-on cases in Colorado, Texas, and New York, the final sanction will likely fall between a 6-month and 18-month suspension. The initial denial of AI use is an aggravating factor — Nebraska disciplinary precedent treats lack of candor to investigators as a separate violation warranting enhanced discipline.
Divorce appeals in Nebraska are governed by strict filing deadlines under Neb. Rev. Stat. § 25-1912 — 30 days from the final decree. Clients whose appeals were filed by suspended counsel should consult new counsel immediately to determine whether motion practice can preserve appellate rights despite the original attorney's disciplinary status.
Frequently Asked Questions
Can I reopen my Nebraska divorce case if my attorney used AI-generated fake citations?
Possibly, but deadlines are strict. Nebraska allows motions to reopen under Neb. Rev. Stat. § 25-2001 within 1 year for fraud or misconduct. If your attorney filed a divorce appeal with fabricated citations, consult new counsel within 30 days of discovery to evaluate your options under Nebraska Appellate Rule 2-109.
How do I verify my divorce attorney is in good standing in Nebraska?
Check the Nebraska Supreme Court attorney directory at supremecourt.nebraska.gov. As of April 2026, Nebraska has approximately 5,400 active attorneys. The directory shows current bar status, any disciplinary history, and admission date. Verification takes under 2 minutes and costs nothing.
What are the risks of my own attorney using AI in my Nebraska divorce?
The primary risk is case dismissal or appeal loss. In the Lake matter, 4 entirely fabricated cases appeared in a divorce appeal brief. If opposing counsel detects hallucinations, the court can strike the filing under Neb. Ct. R. § 3-503.3, impose sanctions, and affirm the unfavorable trial court ruling without further review.
Does Nebraska require disclosure when attorneys use AI in divorce filings?
Nebraska has no mandatory AI disclosure rule as of April 2026. However, Neb. Ct. R. § 3-501.1 (competence) and Neb. Ct. R. § 3-503.3 (candor) require attorneys to verify all citations independently, regardless of drafting method. At least 8 federal judges in Nebraska's Eighth Circuit now require AI disclosure certifications.
How long will Greg Lake's suspension last?
The temporary suspension took effect April 16, 2026. A referee will hold a full hearing and recommend final discipline — typically 6 to 18 months based on Nebraska precedent for candor violations. The Nebraska Supreme Court issues the final order, generally within 90 days of the referee's report.
If you are appealing a Nebraska divorce decree or suspect your attorney's work product contains defective citations, speak with an independent Nebraska family law attorney to review your filings before critical deadlines expire.
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.