§ 3-1107. Designated attorney; payment provisions; immunity; appointment as trustee.

   (A) Payment for Designated Attorney. A designated attorney may seek reimbursement for expenses related to the duties outlined in this rule and may seek compensation not to exceed the hourly rate allowed for appointed trustees under § 3-328. The designated attorney shall seek payment from the following sources, in the following order: 

   (1) the designated attorney may seek payment first from the planning attorney or the planning attorney’s firm’s operating or business account; 

   (2) the designated attorney may seek payment from the planning attorney’s estate, if deceased, with the personal representative or administrator of the planning attorney’s estate, but if those funds are insufficient to compensate the designated attorney, then; 

   (3) the designated attorney may seek payment from the Counsel for Discipline Cash Fund as a trustee by making a filing with the Nebraska Supreme Court for appointment as a trustee under § 3-328.

   (B) A designated attorney acting pursuant to this rule shall be immune from suit for any conduct in the course of his or her official duties under this rule. 

   (C) A designated attorney, entity, or the Nebraska Counsel for Discipline may petition the Supreme Court, at any time, for appointment of the designated attorney as the trustee or appointment of an independent trustee under the provisions of Nebraska Supreme Court Rule § 3-328, as applicable.

§ 3-1107 adopted January 15, 2025, effective November 1, 2025.