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Member Information : Dues
The Nebraska State Bar Association is pleased to provide it's constituents
with many and varied services. Along with the many advantages to
membership , it is also mandated by the Nebraska Supreme Court.
Please refer to the information provided below or call the NSBA
at 800-927-0117 for further information.
FAQ
Q: What are the rules controlling membership in the Nebraska State Bar Association (NSBA)?
A: The Rules (http://www.nebar.com/pdfs/nsbainfo/rules.pdf ) Creating, Controlling, and Regulating Nebraska State Bar Association are made by the Nebraska Supreme Court and are found in the Lawyers Desk Book. The Nebraska State Bar Association Bylaws are also found in the Lawyers Desk Book.
Q: What are the membership dues?
A: Membership dues vary by group. This price includes a Supreme Court Disciplinary Assessment. These fees are mandated by the Nebraska Supreme Court. Dues will not be considered paid in full without this amount included in the payment.
They are:
|
Regular Active |
$320 |
Judicial Active |
$320 |
Junior Active |
$220 |
Senior Active |
$145 |
Military Active |
$0 |
Inactive |
$85 |
Emeritus Inactive |
$0 |
Please see the definition for each membership group in the Rules.
Q: When are the dues supposed to be paid?
A: On or before January 1 for the year of membership.
Q: Where should I send the dues payments?
A: Dues payments should be sent in the return envelope provided with each dues statement. Payment can also be made to the NSBA, 635 S. 14th St., PO Box 81809, Lincoln, NE 68501
Q: What are the Section dues?
A: Dues vary by section.
|
ADR |
$10.00 |
Ag Law |
$10.00 |
Bank Attorneys |
$15.00 |
Bankruptcy |
$0.00 |
Business Law (fee waived if in practice 5 yrs. or less) |
$10.00 |
Corporate Counsel |
$5.00 |
Elder Law |
$10.00 |
Family Law |
$15.00 |
General Practice |
$10.00 |
Government Practice |
$10.00 |
Labor Relations |
$10.00 |
Law Practice Management |
$10.00 |
Natural Resources |
$10.00 |
Public Interest Law |
$0.00 |
Real Estate, Probate & Trust |
$5.00 |
Securities Law |
$5.00 |
Women & The Law |
$15.00 |
Workers' Compensation |
$10.00 |
Young Lawyers (first year free for new admittees) |
$10.00 |
Q: Is there a late fee if I don't pay the dues on time?
A: Yes. If your dues payment is postmarked after January 1, the late fee is $25. If your dues payment is postmarked on or after February 1, the late fee is $50. If your dues payment is postmarked on or after March 1, the late fee is $75. The maximum late fee is $75. There is no late fee for Section dues.
Q: What if I don't want to pay a late fee?
A: There is no provision for waiver of the late fee. Upon the instructions of the Nebraska Supreme Court, the NSBA will not accept dues payments after January 1, that do not include the correct late fee. You may be able to resign if you do not want to pay dues and late fees. (See below)
Q: What if I want to change from Active to Inactive status?
A: If you qualify for Inactive status, you may change from Active to Inactive status by notifying the NSBA and paying the Inactive dues. The easiest way to do this is to write your change of status on the Dues Statement and send it back with your payment for the new status. You may not practice law if you are Inactive.
Q: What does Inactive status mean?
A: Not actively practicing law in the State of Nebraska. See Rules III.2.a. (http://www.nebar.com/pdfs/nsbainfo/rules.pdf )
Q: What if I am in, or eligible for, a complimentary group (Emeritus, Military)? Do I have to send back the dues statement or anything else?
A: We request that each member, including complimentary members, return the dues statement. If you are, or should be, in a complimentary group, please return the dues statement to confirm with the NSBA that you wish to maintain that status. Military Active members must annually provide proof of their military status in order to continue the complimentary status. Copies of current orders or military ID is sufficient.
Q: Can I pay dues by credit card?
A: The NSBA will accept payment by Visa or Mastercard only.
Q: Is there a way to get my dues waived?
A: Please see information about the Member Dues Grievance Committee on this site.
Q: How can I avoid paying dues?
A: You may avoid paying dues by being eligible for a complimentary membership group (Emeritus, Military Active) or you may avoid paying dues by resigning from the NSBA before April 1 of the dues year.
Q: What if I want to resign my membership?
A: If you wish to resign from the NSBA, you should request a copy of the resignation form from the NSBA, complete it, have it notarized, and send the form to the NSBA. Please refer to Rules Creating, Controlling and Regulating the NSBA for complete information on the resignation process.
The request for resignation is communicated to the office of the Counsel for Discipline. If there are no disciplinary matters pending, the request is sent to the Supreme Court who issues an order allowing the resignation. You will get a copy of the order. The NSBA gets a copy of the order and makes the necessary changes in your membership records. You cannot practice law if you have resigned from the NSBA. To avoid paying the dues and late fees, this process of resignation must be completed before of April 1 of the dues year. On April 1 of the dues year, any unpaid dues and late fees are considered delinquent and the Court will require payment of all delinquent dues and late fees before the resignation will be accepted.
Q: What if I want to be reinstated to membership after resigning?
A: You may be reinstated to membership if you make the request in writing to the NSBA, and pay the dues for the year in which you are returning. If there are no disciplinary matters pending with the Office of the Counsel for Discipline, the request for reinstatement will be forwarded to the Supreme Court. The Court will issue an order of reinstatement and the NSBA will restore your membership.
Q: What if I don't pay my dues and I don't resign?
A: If you do not pay your dues by May 1 of the membership year, the Supreme Court will send you a letter ordering you to show cause why you should not be suspended from the practice of law in Nebraska. If you do not pay the dues within 30 days after that letter the Supreme Court will suspend you for non-payment of dues. An order of suspension will be sent to you and recorded by the NSBA. You may not practice law in Nebraska if you are suspended.
Q: What if I am suspended for non-payment of dues?
A: You may not practice law in Nebraska if you are suspended. You may be reinstated to membership if you make the request in writing to the NSBA including a statement as to why you were suspended, and pay the dues for the current year and for all the years during which you were suspended. If there are no disciplinary matters pending with the Office of the Counsel for Discipline, the request for reinstatement will be forwarded to the Supreme Court. The Court will issue an order of reinstatement and the NSBA will restore your membership.
Q: How do I change from my current membership to a new membership category?
A: In the first page of the dues statement you can make your changes. Here are the steps to follow:
-Under number 1 (Supreme Court Disciplinary Assessment) there will be two choices, one for active and one for inactive, make the appropriate changes there. If you are changing from active to inactive then cross out the amount for active and enter in the inactive box the appropriate amount. If you are changing from inactive to active the same applies, cross out the amount being charged and enter the new amount in the respective box.
-Under number 2 (Nebraska State Bar Association Dues) there will be a box already filled out that has your current membership category and a empty box right below it. If you need to make changes cross out the current membership and amount and enter a new category below the box. You will need to make sure that both number 1 and number 2 selections are the same. If you are changing to inactive, make sure that you are entering the Supreme Court Disciplinary Assessment for Inactive and also entering the Inactive membership and amount in the Nebraska Association Dues section.
For military members that are not longer in the military and are coming back to practice full time, they will have to be switched to regular active members.
Only during dues season we honor the changes on their dues statement as the required written request to change their membership, this only applies to members that are switching from inactive to active, active being the most important category. If the go from active to a lesser category, we do not ask for any written request or other requirements.
Q: How do I know am I being charged the right amounts?
A: You can check the schedule that is located in the back of the dues statement for all the dues membership categories and also the sections. There are some sections this year that have opted out of charging dues and some that have increased their dues.
Q: What if I am retired and 75+ years old?
A: If you are retired and 75 years of age or more, you can certainly qualify for the Emeritus Inactive membership, which is complimentary, however you will not be able to practice.
Q: What if I am 75 years of age and still practicing and I am charged for Regular Active membership?
A: If you are 75 years of age and still practicing you can qualify for our Senior Active membership.
Q: What is the Supreme Court Disciplinary Assessment?
A: This assessment is used to fund The Counsel for Discipline. The Nebraska Supreme Court has assigned the office of Counsel for Discipline to investigate and prosecute violations of the Code of Professional Responsibility. They have paid staff attorneys that investigate and prosecute grievances against attorneys admitted to the practice of law in Nebraska.
Mandatory Reporting of Liability Insurance Questions:
Q: Am I required to have Liability Insurance?
A: No, attorneys are not required to have Liability Insurance, they are required to report whether they have or not. It is not required to have Liability Insurance to practice.
Q: Can the Liability Insurance be an endorsement to a current policy?
A: No, it has to be a completed policy for Liability Insurance coverage; it can not be an endorsement to any existing insurance.
Q: Who needs to fill out the Mandatory Reporting of Liability Insurance?
A: All active members of the bar must fill out the form, except Inactive, Emeritus and members who are employed by the state, federal or government agencies.
Q: Why is it mandatory that I report Liability Insurance?
A: For public knowledge of the financial responsibility of each active member.
Q: In the form there is a question that says: “I am currently a member of a professional corporation, limited liability company…….what does it mean “member”?
A: The word member refers as if the attorney is employed or belongs to either a partnership, limited liability organization, or a professional corporation where they will be covered under the firm’s liability insurance, thus they do not have to have individual coverage.
Q: Where can I get more information about this rule?
A: Either by visiting our website at www.nebar.com or by reading the rules that are in pages 32 to 32.13 of the NE Lawyers DeskBook.
Trust Account Questions:
Q: Do I have to complete the trust account affidavit that is in my dues statement?
A. Only active members, defined as Regular Active, Junior Active, Senior Active and Military Active, with an office in Nebraska are required to complete the affidavit. If you have completed
an affidavit in a prior year and there are no changes, then you may just check the front of the dues statement where it notes “check here if the trust account information on file with the NSBA
is still valid.”
Q: If I handle no client funds, do I need to complete the affidavit?
A: Attorneys who do not handle client funds (ex. – a government attorney, corporate counsel, or public defender) should check the first box on the form, sign the form, and return it before February 15.
Q: Can a law firm complete one affidavit?
A: A law firm does not need to complete a form for each attorney. Only one form per law firm is required. A firm representative should send on firm letterhead before February 15: 1) a list of the attorneys with each attorney's bar number, 2) the bank name and address of the client trust account(s), and 3) the trust account information requested.
Q: If I have a trust account and I do not wish to participate in the IOLTA Program what do I do?
A: An attorney who handles client funds may choose to not participate in the IOLTA Program. If you elect to opt-out of the Interest on Lawyers Trust Accounts (IOLTA) Program, you must annually send a written Notice of Declination to the Chief Justice of the Nebraska Supreme Court before February 15. Chief Justice Michael G. Heavican’s address is 2214 State Capitol, P.O. Box 98910, Lincoln, Nebraska 68509-8910. If such a Notice is not timely received, you will be presumed to be a participant in the IOLTA Program and be asked to furnish client trust account information. Client specific trust accounts are not subject to rules regarding the Notice of Declination.
Q: Where can I obtain more information about trust accounts?
A: Attorneys can visit the Nebraska Judicial Branch (http://www.supremecourt.ne.gov/) and www.nltaf.org. You may also visit these links for more information about the rules of the trust accounts: Rules of Professional Conduct and Trust Accounts and Blanket Bonds.
Q: Where can I obtain more information about the IOLTA program?
A: Attorneys can refer their questions to the Nebraska Lawyers Trust Account Foundation (NLTAF), which administers the IOLTA Program. You may contact the Foundation staff at either doris@nebarfnd.org or by calling NLTAF at 402-475-1042.
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