§ 3-1106. Annual designation.

§ 3-1106. Annual designation.

   (A) The designation shall be updated annually through the attorney’s Nebraska Supreme Court Attorney Services Division account on or before the dates listed in § 3-803(B)(6). The planning attorney shall certify that the designated attorney has agreed to serve as the designated attorney. All designated attorneys will be asked to confirm that they have agreed to serve as a designated attorney. If there is no change to a designated attorney from year to year, the planning attorney will be asked to confirm there is no change when completing annual registration. 

  (B) If an attorney cannot find a designated attorney after reasonable requests, the attorney shall contact the Nebraska Counsel for Discipline to obtain a list of lawyers who have indicated willingness to serve in that capacity. 

  (C) If there is a change in designated attorney or if the planning attorney changes employment or moves law firms, the planning attorney shall update the designated attorney information through the attorney’s Nebraska Supreme Court Attorney Services Division account immediately, but at least within 30 days of such change.

  (D) Failure to provide a designated attorney and have a succession plan may be grounds for disciplinary action. See Comment [5], Neb. Ct. R. Prof. Cond. § 3-501.3. Diligence. Failure to designate an attorney or falsely designating an attorney through the Attorney Services Division website who has not agreed to serve may cause the Supreme Court to enter an order to show cause why the planning attorney’s license to practice law should not be administratively suspended. 

§ 3-1106 adopted January 15, 2025, effective November 1, 2025.

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