§ 3-905. Trust account affidavit rules.

   (A) A lawyer who is associated with a law firm, which for purposes of this rule shall include firms that operate as a limited liability professional organization, a partnership, a professional service corporation, or a nonprofit legal services organization, shall be considered to have and maintain a trust account if his or her law firm maintains a trust account as specified in § 3-902. Further, a single affidavit, as required by § 3-905(C), may be filed by a law firm on behalf of all attorneys in the firm.

   (B) A nonresident lawyer who is admitted to practice before the courts of this State on a case-by-case basis shall be exempt from the requirements of these rules.

   (C) Each lawyer admitted to practice on active status (defined as Regular Active, Junior Active, Senior Active, and Military Active) with an office in the State of Nebraska shall file with the Nebraska State Bar Association the affidavit attached to this rule as Appendix 1 stating the existence of the trust account required under § 3-902 or, in the alternative, that he or she does not now have and does not reasonably expect to have funds of clients come into his or her hands within the next 12 months. Members of the Nebraska judiciary need not complete the affidavit. The Nebraska State Bar Association shall provide a place on the annual dues statement where a member can indicate that an affidavit has been previously submitted, that the information contained in that affidavit remains current, and that the member consents to the financial institution(s) at which the trust account(s) are maintained complying with the reporting and production requirements mandated by these rules. Those lawyers maintaining trust accounts shall also provide on their affidavit the name and address of the financial institution where the account is maintained, the account number, and the name and address of all persons authorized to sign checks or make withdrawals on the account. If an existing trust account is closed or a new account opened, an updated affidavit shall be filed by any such attorney within 30 days providing the reason for closing of an account, as well as the specified information on any new account, and a copy of such updated affidavit shall be provided to the Nebraska Lawyers Trust Account Foundation.

   (D) Any lawyer who has filed an affidavit that he or she does not reasonably expect to have funds of clients come into his or her hands within the next 12 months but who does receive clients' funds shall forthwith establish a trust account for the deposit and maintenance of such funds.

Rule 5(C) and amended March 29, 2006; Rule 5(A) and (C) amended November 15, 2007. Renumbered and codified as § 3-905, effective July 18, 2008.