Except as provided in section 7-101.01, no person shall practice as an attorney or counselor at law, or commence, conduct or defend any action or proceeding to which he is not a party, either by using or subscribing his own name, or the name of any other person, or by drawing pleadings or other papers to be signed and filed by a party, in any court of record of this state, unless he has been previously admitted to the bar by order of the Supreme Court of this state. No such paper shall be received or filed in any action or proceeding unless the same bears the endorsement of some admitted attorney, or is drawn, signed, and presented by a party to the action or proceeding. It is hereby made the duty of the judges of such courts to enforce this prohibition. Any person who shall violate any of the provisions of this section shall be guilty of a Class III misdemeanor, but this section shall not apply to persons admitted to the bar under preexisting laws.
Notes of Decisions
Kelly v. Saint Francis Med. Ctr., 889 N.W.2d 613 (Neb. 2017).
· cites it 3× “But Saint Francis and Burwell, consistent with their earlier arguments, argue that under Waite30 and Neb. Rev. Stat. § 7-101 (Reissue 2012), pro se pleadings filed on behalf of others are a nullity, thus they have no legal effect and are the same as if they have never existed.”
State v. Craven, 757 N.W.2d 132 (Neb. Ct. App. 2008).
· cites it 4× “However, Neb.Rev.Stat. § 7-101 (Reissue 2007) prohibits any person from practicing as an attorney or counselor at law in any action or proceeding to which he or she is not a party, in any court of record of this state, unless he or she has been previously admitted to the bar by…”
In Re Interest of Elias L., 767 N.W.2d 98 (Neb. 2009).
· cites it 14× “Thus, we determine that federal law preempts the requirement of § 7-101 that the Tribe be represented by a Nebraska licensed attorney in these ICWA proceedings.”
Waite v. Carpenter, 496 N.W.2d 1 (Neb. Ct. App. 1992).
· cites it 5× “The controlling statute is Neb. Rev. Stat. § 7-101 (Reissue 1991): Except as provided in section 7-101.”
In Re Est. of Cooper, 746 N.W.2d 653 (Neb. 2008).
· cites it 13× “Following an evidentiary hearing, the county court for Douglas County determined that the filing of these documents constituted the unauthorized practice of law in violation of Neb. Rev. Stat. § 7-101 (Reissue 1997), sustained Yates' motions, and ordered both the statement of…”
Zapata v. McHugh, 296 Neb. 216 (Neb. 2017).
· cites it 4× “§ 7-101 (Reissue 2012), does not extend to the rep- resentation of any other person or entity.”
Steinhausen v. HomeServices of Neb., 289 Neb. 927 (Neb. 2015).
· cites it 2× “”6 (a) Representation of a Business Entity by a Layperson Persons not licensed to practice law in Nebraska are prohib- ited from prosecuting an action or filing papers in the courts of this state on behalf of another.”
Niklaus v. Abel Constr. Co., 83 N.W.2d 904 (Neb. 1957).
· cites it 5× “Baird and plaintiff’s “clear right to present such argument” under the provisions of sections 7-101 and 7-110, R. R. S. 1943. The notice of the motion was served on defendants May 1, 1957.”
State v. Warford, 389 N.W.2d 575 (Neb. 1986).
· cites it 2× “Although it is proper where necessary to allow a support person, such as a parent or therapist, to be in the room with the witness while the examination is being conducted, the actual questioning of the witness must be done by persons who are *378 authorized to participate in…”
State v. Thierstein, 371 N.W.2d 746 (Neb. 1985).
· cites it 4× “Thierstein first assigns as error the trial court’s finding that he had violated Neb. Rev. Stat. § 7-101 (Reissue 1983). That section states, in pertinent part, that no person shall practice as an attorney or counselor at law, or commence, conduct or defend any action or…”
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