NEBRASKA ATTORNEY SUCCESSION PLANNING RULES EFFECTIVE NOVEMBER 1, 2025

NOTICE TO ALL NEBRASKA LICENSED ATTORNEYS:
NEBRASKA ATTORNEY SUCCESSION PLANNING RULES EFFECTIVE NOVEMBER 1, 2025

All attorneys licensed to practice in Nebraska who represent clients drawn from the Nebraska public are required to “take steps to prepare their practice for their own disability, death, disbarment, or other inability to practice law before the need arises” under the Nebraska Attorney Succession Planning Rules adopted by the Nebraska Supreme Court effective November 1, 2025.  The Nebraska Attorney Succession Planning Rules apply to both sole practitioners and members of a law firm of any size. There are two components of compliance with the Nebraska Attorney Succession Planning Rules: designating another attorney and creating a written plan. 

Attorney Designation Requirement
Neb. Ct. R. § 3-1106 requires that each attorney who represents clients drawn from the Nebraska public (“the planning attorney”) designate another attorney (“the designated attorney”) to protect client interests and the planning attorney’s interests in the event of the planning attorney’s disability, death, or disbarment. “The designation requirement applies to both solo practitioners and The designation shall be updated annually through [logging in to the planning] attorney’s Nebraska Supreme Court Attorney Services Division account” for MCLE and License renewal at  https://attorneys.nejudicial.gov/.  Selecting a designated attorney will be one of three tasks to complete for annual attorney license renewal in addition to MCLE compliance and payment of the mandatory assessment.  Each of these three tasks will be completed solely through one’s attorney services division account.  The annual attorney license renewal, including the new attorney designation requirement, begins on November 1, 2025, and must be completed by January 20, 2026.   An “ Attorney Designation User Guide” is available under the “Help” link on the Attorney Services Website . 

Written Plan Requirement   
Neb. Ct. R. § 3-1104 requires each planning attorney to have a written plan to “assist the designated attorney in the event the designated attorney’s authority takes effect.” Required information in the plan includes the location of the list of active clients, the location of client files and the firm or business bank account and trust account information.  Furthermore, “the plan must include language to make the designated attorney’s powers durable in the event of the planning attorney’s disability.” In addition to the required information, “the plan may authorize the designated attorney to collect fees, pay firm expenses, and client costs, compensate staff, terminate lease agreements, liquidate or sell the practice, or perform other law firm administration tasks.” As authorized by this Rule, the Attorney Services Division has developed a standardized form for Sole Practitioners available as a fillable Word document under  the “Practice Forms” link on the Attorney Services Website .  Attorneys are not required to use this standard form so long as the requirements of this Rule are satisfied.  Whether or not the standardized form is used, the written plan is  not submitted to the Nebraska Supreme Court, the Counsel for Discipline, or any other entity.   

Additional Information
All attorneys are encouraged to read the Nebraska Attorney Succession Plan Rules in their entirety. Questions regarding making an attorney designation on the Attorney Services Website or annual license renewal may be submitted via email to  nsc.attrservices@nejudicial.gov  or by calling (402) 471-2834.  Questions regarding written succession plans may be directed to the Counsel for Discipline by calling (402) 471-1040.