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Administrative Office of the Courts and Probation Calendar

04/25/2014 (All day)

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IX. Complaints.

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   a. Receiving Complaints. Complaints alleging the unauthorized practice of law shall be submitted in writing to the Commission, by filing with the CUPL, in a form and manner substantially similar to, and containing the information requested by, the Complaint Form (Appendix A) as approved by the Commission. Neb. Ct. R. § 3-1014(A). Email complaints will be accepted by the Commission after confirmation of the identity of the person sending the email complaint. In additional to the English version, the Complaint Form will be available in foreign language versions and accessible online as a fillable form for submission by email.

   b. Commission Initiative. The Commission may, on its own initiative and without any complaint being made to it, investigate any condition, situation or activity involving unauthorized practice of law of which it becomes aware, in the same manner as if a complaint had been made under section IX.a. above. Neb. Ct. R. § 3-1012(A).

   c. Initial Screening of Complaints. Upon receipt of a complaint, or Commission initiative, the CUPL shall conduct an initial screening to determine whether it is within the jurisdiction of the Commission. The complainant may at any time submit additional information. If not within the jurisdiction of the Commission, the CUPL shall advise the complainant that a recommendation shall be made to the Commission that the matter should not be opened as a complaint for investigation, and the reasons for such. Neb. Ct. R. §§ 3-1013(C) and 3-1014(A).

   d. Commission Review of Initial Screening. All matters screened by the CUPL will be placed on the next Commission agenda for review. If the Commission adopts the recommendation of the CUPL that no investigation be opened, the complainant shall be so advised. If the complaint is deemed to be within the jurisdiction of the Commission, and not subject to deferral, the complaint will be opened for investigation. Neb. Ct. R. § 3-1013(C).

   e. Request for Response. After the Commission decides that a complaint should be investigated, the respondent may be notified of such investigation and sent a copy of the complaint with a request to respond within 20 days. If the respondent does not respond within 20 days, the Commission may consider the complaint on its face and proceed with the investigation, injunction proceedings, or such other action(s) deemed appropriate by the Commission.

IX.a. amendment approved December 31, 2013.

This page was last modified on Friday, January 3, 2014