(A) Any attorney who fails to comply with the provisions of this rule may have his or her right to practice law suspended by the Nebraska Supreme Court, provided that at least forty-five (45) days prior to such suspension, the Director shall provide notice of noncompliance to the attorney by e-mail and regular U.S mail addressed to the attorney at his or her last known address. The attorney shall be given forty-five (45) days to file with the Director such information, documents, sums, and penalties which, if accepted, would cure the delinquency.

   (B) If compliance does not occur within forty-five (45) days as stated in § 3-401.11(A), a statement of noncompliance shall be filed by the Director with the commission. The commission shall enter an order to show cause why the attorney should not be suspended from the practice of law for failure to comply with these rules. A hearing may be requested by the attorney as set forth in § 3-402.3.

   (C) If the commission finds that cause was not shown, a recommendation of suspension from the practice of law for failure to comply with these rules shall be made to the Nebraska Supreme Court by submission of the same to the Office of the Clerk of the Nebraska Supreme Court.

   (D) The Nebraska Supreme Court shall enter an order to show cause why such attorney should not be suspended from the practice of law as an active member of the Nebraska State Bar Association. Such order shall be sent to the attorney by regular mail and email and notify the attorney that a response to the order to show cause may be submitted by affidavit to the commission which shall provide the same to the Nebraska Supreme Court. The Nebraska Supreme Court shall, after consideration of the matter, enter such an order as it may deem appropriate. If an order of suspension shall be entered, such attorney shall not practice law until restored to active status as set forth below.

§ 3-401.11(A) amended December 11, 2013; § 3-401.11(A) amended June 28, 2017; § 3-401.11(D) amended December 8, 2021.