In Kozal v. Snyder, 978 N.W.2d 174, the Nebraska Supreme Court held that an attorney did not commit legal malpractice because the purported error was a close call and the law was unsettled. in the underlying case, the attorney represented clients who wished to renew liquor licenses. The Nebraska Supreme Court held that the case he filed was insufficient because he failed to name as parties and serve the citizens who objected to the renewal of the liquor licenses.
Kozal then filed a claim against the lawyer, but the Nebraska Supreme Court affirmed the dismissal of that legal malpractice case as well. The court’s reasoning:
When Snyder filed the appeal underlying Kozal I, in which he did not name the citizen objectors as parties, the issue of naming citizen objectors in appeals from decisions of the NLCC was an unsettled issue of law. Additionally, Snyder did not have a duty to inform his clients regarding the unsettled area of law. We therefore find that the district court did not err when it concluded that, as a matter of law, appellees did not breach the applicable standard of care.