§ 25-824.02.Frivolous actions; actual attorney's fee; effect of award; stipulations authorized.
Article 8: Pleadings · Last amended 1987 · Last verified July 22, 2026
In one sentenceThis section protects an attorney’s private fee agreement with a client from being displaced by a section 25-824 fee award, and confirms that courts may approve stipulations waiving or restructuring an attorney’s-fees or costs award under the frivolous-action statutes.
Full Text of § 25-824.02
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Nothing in sections 25-824 to 25-824.03 shall be construed to prevent an attorney and his or her client from negotiating the actual fee which the client is to
pay the attorney. Nothing in such sections shall be intended to limit the authority of the court to approve written stipulations filed with the court or oral stipulations in open court agreeing to no award of attorney's fees or costs or an award of attorney's fees or costs in a manner different than that provided in such sections.
Source
Laws 1987, LB 261, § 3.
Plain-English Summary
Section 25-824.02 clears up a question that could otherwise cloud sections 25-824 through 25-824.03: does a court-ordered fee award replace what a client pays an attorney? The answer is no. Nothing in these sections stops an attorney and client from negotiating the fee the client pays, regardless of what a court might separately award or decline to award under section 25-824.
The section also confirms that courts can approve agreements between the parties that change the default outcome. A written stipulation filed with the court, or an oral stipulation made in open court, agreeing to no award of attorney’s fees or costs — or to an award structured differently than sections 25-824 to 25-824.03 would otherwise provide — is within the court’s authority to approve.
In practice, this gives litigants a way to resolve fee disputes by agreement instead of litigating every factor under section 25-824.01, while leaving the private business relationship between an attorney and client untouched by any fee award a court enters against an opposing party.
Frequently Asked Questions
Does a court-ordered fee award under section 25-824 limit what I can pay my own attorney?
No. Section 25-824.02 states that nothing in the frivolous-action sections prevents an attorney and client from negotiating the actual fee the client pays.
Can parties agree to waive attorney’s fees that would otherwise be owed under the frivolous-action statutes?
Yes. A court may approve a written stipulation filed with the court, or an oral stipulation in open court, agreeing to no award of attorney’s fees or costs.
Does a stipulation about fees have to be in writing?
No. It can be a written stipulation filed with the court or an oral stipulation made in open court.
Can parties agree to a different fee amount than a court might otherwise award?
Yes. The section allows the court to approve a stipulation providing for an award of attorney’s fees or costs in a manner different from what sections 25-824 to 25-824.03 would otherwise provide.
Why does this section exist alongside section 25-824?
It clarifies that the mandatory fee-shifting scheme in section 25-824 does not restrict private fee agreements or settlements between the parties over fees.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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