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Nebraska Revised Statutes

Neb. Rev. Stat. § 7-107 (2026)

Powers of attorneys

✓ current as of July 2026
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An attorney or counselor has power: (1) To execute, in the name of his client, a bond for an appeal, certiorari, writ of error, or any other paper necessary and proper for the prosecution of a suit already commenced; (2) to bind his client by his agreement in respect to any proceeding within the scope of his proper duties and powers; but no evidence of any such agreement is receivable except the statement of the attorney himself, his written agreement signed and filed with the clerk, or an entry thereof upon the records of the court; (3) to receive money claimed by his client, in an action or proceeding, during the pendency thereof or afterwards, unless he has been previously discharged by his client, and upon payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment.

Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1941–2021 · leading case: State v. Canady, 641 N.W.2d 43 (Neb. 2002).
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State v. Canady, 641 N.W.2d 43 (Neb. 2002). · cites it 7× “ASSIGNMENTS OF ERROR Canady assigns 15 errors, which we summarize as follows: Canady alleges that the district court erred (1) in overruling his motion to dismiss based on Neb. Rev. Stat. § 7-107 (Reissue 1997) because the Lancaster County Attorney’s office stated in a separate…”
Luethke v. Suhr, 650 N.W.2d 220 (Neb. 2002). · cites it 7× “The appellants made a motion in limine prior to the start of the settlement enforcement hearing, seeking to prevent Luethke from testifying regarding the settlement agreement pursuant to Neb. Rev. Stat. § 7-107 (2) (Reissue 1997).”
State v. Sayers, 319 N.W.2d 438 (Neb. 1982). · cites it 3× “Neb. Rev. Stat. § 7-107 (Reissue 1977) provides in part: “An attorney or counselor has power: .”
Smith v. King, 29 Neb. Ct. App. 152 (Neb. Ct. App. 2020). · cites it 2× “See Neb. Rev. Stat. § 7-107 (Reissue 2012) (powers of attorneys include the power to bind client by counsel’s agreement in respect to any proceeding within scope of proper duties and powers; but no evidence of any such agreement is receivable except statement of attorney,…”
Simmons v. Murray, 204 N.W.2d 800 (Neb. 1973). · cites it 8× “1943, provides in part: "An attorney or counselor has power: * * * (2) to bind his client by his agreement in respect to any proceeding within the scope of his proper duties and powers; but no evidence of any such agreement is receivable except the statement of the attorney…”
Heese Produce Co. v. Lueders, 443 N.W.2d 278 (Neb. 1989). · cites it 3× “In support of its assignments of error, Heese appears to argue that the correspondence offered as evidence of the oral settlement agreement reached by Mills and Balsiger was inadmissible under Neb. Rev. Stat. § 7-107 (2) (Reissue 1987), which provides: An attorney or counselor…”
State v. Hernandez, 309 Neb. 299 (Neb. 2021). · cites it 2× ““Absence or Unavailability” Exclusion Hernandez assigns that the court erred by finding an exclud- able period for time existed under § 29-1207(4)(d).”
Schroeder v. Barnes, 565 N.W.2d 749 (Neb. Ct. App. 1997). · cites it 2× “” Neb. Rev. Stat. § 7-107 (2) (Reissue 1991) states that an attorney has the power *814 to bind his client by his agreement in respect to any proceeding within the scope of his proper duties and powers; but no evidence of any such agreement is receivable except the statement of…”
C. Goodrich, Inc. v. Thies, 705 N.W.2d 451 (Neb. Ct. App. 2005). · cites it 2× “Neb. Rev. Stat. § 7-107 (Reissue 1997). See, also, In re Estate of Mithofer, 243 Neb.”
Steed v. Oak Ridge Equestrian Ctr., Inc., 401 N.W.2d 495 (Neb. 1987). · cites it 2× “§ 7-107 (Reissue 1983), the defendants' admissions, the defendants' testimony at trial that no material disagreement existed as to the legal description or survey, and the plaintiffs' counsel's testimony that he was never informed prior to the sale to Anderson that any problem…”
Kuhlmann v. Platte Valley Irrigation Dist., 89 N.W.2d 768 (Neb. 1958). “2d 882 ; § 7-107, R. R. S. 1943. In Smith v. Smith, 90 Fla.”
State Ex Rel. Heintze v. Cnty. of Adams, 75 N.W.2d 539 (Neb. 1956). · cites it 2× “” Section 7-107, R. R. S. 1943, with reference to powers of attorneys, provides in part: “* * * (3) to receive money claimed by his client, in an action or proceeding, during the pendency thereof or afterwards, unless he has been previously discharged by his client, * * *.”
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— Neb. Rev. Stat. § 7-107(2) — 2 cases
Luethke v. Suhr, 650 N.W.2d 220 (Neb. 2002). “The appellants made a motion in limine prior to the start of the settlement enforcement hearing, seeking to prevent Luethke from testifying regarding the settlement agreement pursuant to Neb. Rev. Stat. § 7-107 (2) (Reissue 1997).”
Heese Produce Co. v. Lueders, 443 N.W.2d 278 (Neb. 1989). “In support of its assignments of error, Heese appears to argue that the correspondence offered as evidence of the oral settlement agreement reached by Mills and Balsiger was inadmissible under Neb. Rev. Stat. § 7-107 (2) (Reissue 1987), which provides: An attorney or counselor…”
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