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07/03/2015 (All day)

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§ 3-101. Definitions.

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   (A) Approved law school. “Approved law school” is one which, at the time of the applicant’s graduation, is approved by the American Bar Association pursuant to its Standards and Rules of Procedure for Approval of Law Schools.

   (B) Adverse decision. “Adverse decision” means a denial of an applicant’s request for admission or permission to sit for a bar examination or denial of a request for special testing accommodation. An adverse decision does not include a failure to achieve a passing score on the bar examination.

   (C) Motion applicant. “Motion applicant” means any person who, at the time of filing his or her application for admission to practice law in this state, has been admitted to practice before the highest court of another state, the District of Columbia, or any jurisdiction where the Common Law of England constitutes the basis of jurisprudence. See § 3-119 (B).

   (D) Examination applicant. “Examination applicant” means any person who has graduated from an approved law school other than a motion applicant. See § 3-119 (A).

   (E) Court or Supreme Court. “Court” or “Supreme Court” means the Supreme Court of the State of Nebraska.

   (F) State. “State” means State of Nebraska.

   (G) Commission. “Commission” means the Nebraska State Bar Commission.

   (H) MBE. “MBE” means the Multistate Bar Examination provided by the National Conference of Bar Examiners.

   (I) MEE. “MEE” means the Multistate Essay Examination provided by the National Conference of Bar Examiners.

   (J) MPRE. “MPRE” means the Multistate Professional Responsibility Examination provided by American College Testing.

   (K) MPT. “MPT” means the Multistate Performance Test provided by the National Conference of Bar Examiners.

   (L) UBE. “UBE” means the Uniform Bar Examination provided by the National Conference of Bar Examiners. The UBE is composed of the MEE, MPT, and MBE.

   (M) NCBE. “NCBE” means the National Conference of Bar Examiners.

   (N) Rules or These Rules. “Rules” or “These Rules” means §§ 3-100 through 3-129 of the Rules Relating to Admissions.

   (O) Transcript. “Transcript” means a duly authenticated copy of courses and credits earned demonstrating the completion of educational qualifications for admission to the practice of law in the State of Nebraska.

   (P) Full-time practice/practice of law. For purposes of these rule, “practice of law” means:

   (1) The private practice of law as a sole practitioner or as an attorney employee of, or partner or shareholder in, a law firm, professional corporation, legal clinic, legal services office, or similar entity; or

   (2) Employment as an attorney for a corporation, partnership, trust, individual, or other entity with the primary duties of:

   (a) Furnishing legal counsel, drafting documents and pleadings, and interpreting and giving advice with respect to the law; or

   (b) Preparing cases for presentation to or trying before courts, executive departments, or administrative bureaus or agencies;

   (3) Employment as an attorney in the law offices of the executive, legislative, or judicial departments of the United States, including the independent agencies thereof, or of any state, political subdivision of a state, territory, special district, or municipality of the United States, with the primary duties of:

   (a) Furnishing legal counsel, drafting documents and pleadings, and interpreting and giving advice with respect to the law; or

   (b) Preparing cases for presentation to or trying cases before courts, executive departments, or administrative bureaus or agencies;

   (4) Employment as a judge, magistrate, hearing examiner, administrative law judge, law clerk, or similar official of the United States, including the independent agencies thereof, or of any state, territory, or municipality of the United States, with the duties of hearing and deciding cases and controversies in judicial or administrative proceedings, provided such employment is available only to an attorney; or

   (5) Employment as a teacher of law at a law school approved by the American Bar Association throughout the applicant’s employment; or

   (6) In the event that the applicant has not served for a full 5 of the last 7 years with any of the entities listed in subsections (1) through (5) above, for purposes of this section, the applicant may use any combination of subsections (1) through (5) above.

   (Q) Active and in good standing. An applicant who is “active and in good standing” means an applicant who is admitted to the bar of another state and is not disbarred, is not under disciplinary suspension, has not resigned from the bar of such other state while under disciplinary suspension or while under disciplinary proceedings, or is not the subject of current or pending disciplinary proceedings, or who, having been disbarred or suspended, has been duly and fully reinstated.

Rule 1 amended February 10, 1993. Renumbered and codified as § 3-101, effective July 18, 2008; § 3-101 amended January 11, 2012, effective January 1, 2013; § 3-101 amended July 25, 2013, effective August 1, 2013; § 3-101(P) amended January 14, 2015.

Supreme Court Rules

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