Nebraska

Nebraska Update!!!

On October 26, 2011, the Nebraska Supreme Court adopted registration rules for in-house counsel. Effective January 1, 2012, the registration rules, Neb. Ct. R. §§ 3-1201 to 3-1204, require registration of in-house counsel not admitted in Nebraska, but with a continuous presence in the state, within 90 days of commencement of employment. If already employed in Nebraska prior to the effective date of these rules, in-house must register within 90 days of January 1, 2012. 

Ne. Ct. R. of Prof. Cond. § 3-505.5

(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

(b) A lawyer who is not admitted to practice in this jurisdiction shall not:
(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

(c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to
practice and are not services for which the forum requires pro hac vice admission; or
(4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

(d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:
(1) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission and the lawyer is registered under Neb. Ct. R. §§ 3-1201 to 3-1204, Registration of In-House Counsel.
(2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

Comments to Rule 3-505.5

In House Counsel Rule

In House counsel practice is governed by Rule 3-505.5(d).

Pro Hac Vice

Neb. Ct. R. § 3-106 allows pro hac vice admission to eligible attorneys who associate and appear with a resident attorney of Nebraska.

Admission on Motion

Nebraska Supreme Court Rules on Admission of Attorneys Neb. Ct. R. § 3-105 allows for admission on the motion if eligible, otherwise the applicant will be required to take a written examination.

Contact

Nebraska State Bar Association
635 S. 14th Street
P.O. Box 81809
Lincoln, NE 68501
Phone (402) 475-7091
(800) 927-0117
Fax (402) 475-7098