§ 3-1102. Designated attorney applicability and authority.

§ 3-1102. Designated attorney applicability and authority.

   (A) Each Nebraska attorney who represents clients drawn from the public (“planning attorney”) shall name an attorney (“designated attorney”) to protect the interests of the planning attorney’s clients in the event the planning attorney has been suspended by an order of the Court placing the planning attorney on disability inactive status pursuant to § 3-311, or is shown to be unable to properly discharge his or her responsibilities to clients due to disability, disappearance, death, disbarment, or abandonment of a law practice. 

   (1) Sole Practitioners. A sole practitioner representing clients drawn from the public shall name an attorney who has agreed to be the designated attorney. For purposes of this rule, a sole practitioner means a licensed attorney practicing alone with no associate attorneys or an attorney practicing in association with other sole practitioners who do not own equity in the attorney’s practice. 

   (2) Attorneys in Firms. All attorneys in firms or organizations of two or more attorneys representing clients drawn from the public shall designate an attorney in the firm or organization as a designated attorney to be responsible for assuming all duties provided by this rule. 

   (B) Authority of Designated Attorney. The authority of the designated attorney takes effect upon the following:

   (1) an order of the Court placing the planning attorney on disability inactive status pursuant to § 3-311, or

   (2) it is otherwise reasonably believed the planning attorney is unable to properly discharge his or her responsibilities to clients due to disability, disappearance, death, disbarment, or abandonment of a law practice, or

   (3) it is otherwise reasonably believed the planning attorney is temporarily disabled but during the period of such temporary disability is unable to properly discharge his or her responsibilities to clients. 

§ 3-1102 adopted January 15, 2025, effective November 1, 2025.