Bindinglaw

NE · rules

Neb. Ct. R. § 3-328

Appointment of a trustee

activein force · 2025-11-01 – presentact-effective-date

In addition to any of the foregoing procedures within these rules relating to disability inactive status, disbarment, or suspension of an attorney, the following measures may be taken for the protection of client interests and secondarily for the protection of the lawyer's interests:

(A) Appointment of a Trustee. If an attorney (i) has been suspended by an order of the Court placing the member on disability inactive status pursuant to § 3-311; (ii) is shown to be unable to properly discharge his or her responsibilities to clients due to disability, disappearance, death, or abandonment of a law practice and there is no showing that a designated attorney was named to discharge the responsibilities; or (iii) has been disbarred or suspended pursuant to §§ 3-310 or 3-312 or has surrendered his or her license under § 3-315 and there has been a failure to comply with § 3-316 client notification requirements, the Court may appoint a lawyer to serve as trustee to inventory the files, sequester client funds, and take whatever other action seems indicated to protect the interests of the clients, affected attorney, and any other affected parties.

(1) Trustee Bound by Lawyer-Client Privilege. The trustee should be bound by the lawyer-client privilege with respect to the records of individual clients, except to the extent necessary to carry out the order of the Court.

(2) The trustee shall notify in writing all of the present clients of the affected attorney of the reason for appointment and shall also notify in writing all members and nonresident attorneys involved in pending legal or other matters being handled by the affected attorney of the reason for the appointment.

(B) Report and Compensation. The trustee shall make reports to the Supreme Court as directed by order of the Court. The trustee may receive compensation for his or her services as established by the Court and may be reimbursed for travel and other expenses incidental to the performance of his or her duties. The trustee shall first seek to be compensated from the affected attorney’s or law firm’s business or operating account and, if the affected attorney is deceased, may secondarily seek payment from the affected attorney’s estate with the personal representative or administrator of the estate. If those funds are insufficient to compensate or reimburse the trustee, the trustee may seek payment from the Counsel for Discipline Cash Fund upon motion and affidavit to the Supreme Court. At its discretion, the Counsel for Discipline may seek reimbursement for the trustee’s fees and expenses for protection for the clients’ interest and secondarily for the protection of the lawyer’s interests, from the affected attorney’s estate, if deceased, through an administrative claim.

History

Rule 28 adopted September 11, 2002. Renumbered and codified as § 3-328, effective July 18, 2008; § 3-328 amended January 15, 2025, effective November 1, 2025.

Provenance

Source
nebraskajudicial.gov
Retrieved
2026-09-15
Edition
2026-09-14
Content hash
688963be9bf8016af2c16191fc3bf9a7a37638d4e5031adfd3cb50b5cd7aa2dc
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.
Neb. Ct. R. § 3-328 — Appointment of a trustee · binding.law