Chapter 3, Article 7 allows law students to practice law on a limited basis in Nebraska.
Eligibility
Law students must:
- Be duly enrolled in an ABA approved law school. A law student will be considered duly enrolled during the period of his or her law school’s next summer vacation period following completion of legal studies amounting to senior standing at his or her law school.
- Have completed legal studies sufficient to attain senior standing at the law school.
- Be certified by the law school Dean as being of good character and competent legal ability and as being adequately trained to perform as a legal intern under the general supervision of the attorneys designated by name.
- Be introduced to the court where the student is appearing by an attorney duly admitted to participate in that court.
- Receive the affirmative consent of the court where he or she is appearing.
Practice
Law students may participate in the following matters:
- Civil Matters. Trials in civil matters in Workers’ Compensation Court, county courts and district court in Nebraska when acting under the general supervision of an attorney duly admitted to practice in Nebraska. The appearances must be in the personal presence of the supervising attorney. A county court judge may waive the supervising attorney personal presence requirement in specific cases for students who have previously participated in a trial in that court under the supervising attorney’s personal presence.
- Criminal Matters. In criminal matters in all courts when acting under the general supervision of an attorney duly admitted in Nebraska who is defending any
case in these courts. The supervising attorney must be personally present.
In criminal matters in all courts when acting as an assistant to a county attorney, deputy county attorney, or other prosecuting official duly admitted to practice in Nebraska. The supervising attorney must be personally present. Proceedings to enforce a penalty for violation of a municipal ordinance are deemed criminal in nature of the purposes of the student practice rules.
- Postconviction and habeas corpus matters in all courts when acting under the general supervision and in the personal presence of a lawyer admitted in Nebraska who is prosecuting or defending such a case.
- Juvenile Matters. In juvenile matters when acting under the general supervision of an attorney duly admitted to practice in Nebraska who is prosecuting or
defending such a case. The supervising attorney must be personally present.
- Hold consultations and prepare pleadings, briefs, and other documents to be filed in any matter where the student is eligible to appear, when acting under the general supervision of an attorney duly admitted in Nebraska. The supervising attorney must sign the documents and state the name of the eligible law student who has participating in preparing the documents.
- Prepare briefs and other documents to be held in the Nebraska Court of Appeals and the Nebraska Supreme Court. The documents must be prepared under the general supervision of and signed by an attorney duly admitted to practice in Nebraska. The document must state the name of the eligible law student who participated in preparing the document.
- Participate in oral arguments in the Nebraska Court of Appeals and Nebraska Supreme Court. The participation must be in the personal presence of an attorney of record and only with the prior approval of the Court.
- Cannot receive any compensation or remuneration of any kind for his services directly from the client. The supervising attorney may compensate the eligible law student and receive a fee from the client in compliance with the otherwise applicable rules of proper professional conduct.
Supervising Attorney
The supervising attorney must:
- Be duly admitted to practice law in Nebraska.
- Assume personal professional responsibility to the client for services performed by the law student.
- Secure the prior written consent of the client for the services actually to be performed in court by the law student.
- Assume personal professional responsibility for the law student’s guidance in any work undertaken and for supervising the quality of the
student’s work.
- Assist the law student in his or her preparation to the extent the supervising attorney considers necessary.
Application and Certification
The law school Dean certification is required to be filed with the Clerk of the Nebraska Supreme Court.
Termination
The law school Dean certification terminates if:
- The law student does not take the first bar exam following his or her graduation.
- The law student fails the bar exam.
- The law student is admitted to the full practice of law.
The law school Dean may withdraw the certification at any time without cause. The Nebraska Supreme Court may terminate the certificate at any time without prior notice or showing of cause.