Innovation of Note
Nevada Supreme Court is considering opening doors for unbundled and limited scope services for family law matters, to be heard over two sessions, on June 21, 2022 and August 2, 2022.
Change Log Entries
| Rule 1.2(c) Limited Scope | Same as Model Rule |
| Rule 5.4(a) Fee-Sharing | Significant Changes |
| Rules 5.4(b)-(d) Non-Lawyer Ownership | Same as Model Rule |
| Rule 5.5. Unauthorized Practice of Law | Significant Changes |
| Rule 5.7 Law Related Services | Does Not Have |
| Rule 6.5 Limited Scope | Same as Model Rule |
| Rule 7.2(b) Lawyer Referral | Does Not Have |
| Cloud Computing Advisory | Yes |
| Technology Competency Rules | No |
Differences from ABA Model Rules
ABA Rule 1.2(c) (Limited Scope)
Same as Model Rule.
Modified By:
State Bar of Nevada Formal Ethics Opinion No. 34 (2006, Revised 2009) (A lawyer who provides substantial assistance to a self-represented litigant must disclose such assistance to the court. The lawyer’s identity must be disclosed by signing all papers filed with the court for which the lawyer gave substantial assistance to the pro se litigant, by drafting or otherwise. In non-litigation settings, any attorney that provides substantial assistance to a pro se litigant must disclose such assistance, in writing, to the opposing party.)
ABA Rule 5.4(a) (Fee-sharing)
Rule 5.4. Professional Independence of a Lawyer.
(a) A lawyer or law firm shall not share legal fees with a nonlawyer, except that:
(1) An agreement by a lawyer with the lawyer’s firm, partner, or associate may provide for the payment of money, over a reasonable period of time after the lawyer’s death, to the lawyer’s estate or to one or more specified persons;
(2) A lawyer who purchases the practice of a deceased, disabled, or disappeared lawyer may, pursuant to the provisions of Rule 1.17, pay to the estate or other representative of that lawyer the agreed-upon purchase price;
(3) A lawyer or law firm may include nonlawyer employees in a compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement;
(4) A lawyer may share court-awarded legal fees with a nonprofit organization that employed, retained or recommended employment of the lawyer in the matter; and
(5) A lawyer who undertakes to complete unfinished legal business of a deceased lawyer may pay to the estate of the deceased lawyer that proportion of the total compensation that fairly represents the services rendered by the deceased lawyer.
ABA Rule 5.4(b – d) Non-lawyer ownership
Same as Model Rule.
ABA Rule 5.5 (UPL)
Rule 5.5. Unauthorized Practice of Law.
(a) General rule. A lawyer shall not:
(1) Practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or
(2) Assist another person in the unauthorized practice of law.
(b) Exceptions. A lawyer who is not admitted in this jurisdiction, but who is admitted and in good standing in another jurisdiction of the United States, does not engage in the unauthorized practice of law in this jurisdiction when:
(1) The lawyer is authorized to appear before a tribunal in this jurisdiction by law or order of the tribunal or is preparing for a proceeding in which the lawyer reasonably expects to be so authorized;
(2) The lawyer participates in this jurisdiction in investigation and discovery incident to litigation that is pending or anticipated to be instituted in a jurisdiction in which the lawyer is admitted to practice;
(3) The lawyer is an employee of a client and is acting on behalf of the client or, in connection with the client’s matters, on behalf of the client’s other employees, or its commonly owned organizational affiliates in matters related to the business of the employer, provided that the lawyer is acting in this jurisdiction on an occasional basis and not as a regular or repetitive course of business in this jurisdiction;
(4) The lawyer is acting with respect to a matter that is incident to work being performed in a jurisdiction in which the lawyer is admitted, provided that the lawyer is acting in this jurisdiction on an occasional basis and not as a regular or repetitive course of business in this jurisdiction;
(5) The lawyer is engaged in the occasional representation of a client in association with a lawyer who is admitted in this jurisdiction and who has actual responsibility for the representation and actively participates in the representation, provided that the out-of-state lawyer’s representation of the client is not part of a regular or repetitive course of practice in this jurisdiction;
(6) The lawyer is representing a client, on an occasional basis and not as part of a regular or repetitive course of practice in this jurisdiction, in areas governed primarily by federal law, international law, or the law of a foreign nation; or
(7) The lawyer is acting as an arbitrator, mediator, or impartial third party in an alternative dispute resolution proceeding.
(c) Interaction with Supreme Court Rule 42. Notwithstanding the provisions of paragraph (b) of this Rule, a lawyer who is not admitted to practice in this jurisdiction shall not represent a client in this state in an action or proceeding governed by Supreme Court Rule 42 unless the lawyer has been authorized to appear under Supreme Court Rule 42 or reasonably expects to be so authorized.
(d) Limitations.
(1) No lawyer is authorized to provide legal services under this Rule if the lawyer:
(i) Is an inactive or suspended member of the State Bar of Nevada, or has been disbarred or has received a disciplinary resignation from the State Bar of Nevada; or
(ii) Has previously been disciplined or held in contempt by reason of misconduct committed while engaged in the practice of law permitted under this Rule.
(2) A lawyer who is not admitted to practice in this jurisdiction shall not:
(i) Establish an office or other regular presence in this jurisdiction for the practice of law;
(ii) Solicit clients in this jurisdiction; or
(iii) Represent or hold out to the public that the lawyer is admitted to practice law in this jurisdiction.
(e) Conduct and discipline. A lawyer admitted to practice in another jurisdiction of the United States who acts in this jurisdiction pursuant to paragraph (b) of this Rule shall be subject to the Nevada Rules of Professional Conduct and the disciplinary jurisdiction of the Supreme Court of Nevada and the State Bar of Nevada as provided in Supreme Court Rule 99.
[Added; effective May 1, 2006.]
Rule 5.5A. Registration of Private Lawyers Not Admitted to Nevada in Extra-Judicial Matters.
(a) Application of rule.
(1) This Rule applies to a lawyer who is not admitted in this jurisdiction, but who is admitted and in good standing in another jurisdiction of the United States, and who provides legal services for a Nevada client in connection with transactional or extra-judicial matters that are pending in or substantially related to Nevada.
(2) This Rule does not apply to work performed by a lawyer in connection with any action pending before a court of this state, any action pending before an administrative agency or governmental body, or any arbitration, mediation, alternative dispute resolution proceeding, whether authorized by the court, law, rule, or private agreement.
(b) Definitions. For purposes of this Rule, a “Nevada client” is a natural person residing in the State of Nevada, a Nevada governmental entity, or a business entity doing business in Nevada.
(c) Annual report. Notwithstanding any other provision of law, a lawyer who is subject to this Rule shall file an annual report, along with a reporting fee of $150, with the State Bar of Nevada at its Las Vegas, Nevada, office. The annual report shall encompass January 1 through December 31 of a single calendar year and shall be filed on or before January 31 of the following calendar year. The report shall be on a form approved by the State Bar of Nevada and include the following information:
(1) The lawyers’ residence and office address;
(2) The courts before which the lawyer has been admitted to practice and the dates of admission;
(3) That the lawyer is currently a member in good standing of, and eligible to practice law before, the bar of those courts;
(4) That the lawyer is not currently on suspension or disbarred from the practice of law before the bar of any court; and
(5) The nature of the client(s) (individual or business entity) for whom the lawyer has provided services that are subject to this Rule and the number and general nature of the transactions performed for each client during the previous 12-month period. The lawyer shall not disclose the identity of any clients or any information that is confidential or subject to attorney-client privilege.
(d) Failure to file report. Failure to timely file the report described in paragraph (c) of this Rule may be grounds for discipline under applicable Supreme Court Rules and prosecution under applicable state laws. The failure to file a timely report shall result in the imposition of a fine of not more than $500.
(e) Discipline. A lawyer who must file an annual report under this Rule shall be subject to the jurisdiction of the courts and disciplinary boards of this state with respect to the law of this state governing the conduct of lawyers to the same extent as a member of the State Bar of Nevada. He or she shall familiarize himself or herself and comply with the standards of professional conduct required of members of the State Bar of Nevada and shall be subject to the disciplinary jurisdiction of the State Bar of Nevada. The Nevada Supreme Court Rules shall govern in any investigation or proceeding conducted by the State Bar of Nevada under this Rule.
(f) Confidentiality. The State Bar of Nevada shall not disclose annual reports filed under this Rule to any third parties unless necessary for disciplinary investigation or criminal prosecution for the unauthorized practice of law.
[Added; effective May 1, 2006.]
Modified By:
Nev. Ethics Op. 43 (2011) (out-of-state transactional lawyer may practice in Nevada on temporary basis if work “incidental to” lawyer’s work in state of licensure)
In re Lerner, 197 P.3d 1067 (Nev. 2008) (Arizona lawyer who regularly performed legal services in Nevada for Nevada clients not covered by safe-harbor provision of Rule 5.5 in part because work in Nevada not incidental to work in state of licensure)
Salman v. Newell, 885 P.2d 607 (Nev. 1994)
Other Definitions:
Pioneer Title Ins. & Trust Co. v. State Bar of Nev., 326 P.2d 408 (Nev. 1958) (As stated in Lowell Bar Ass’n v. Loeb, supra [315 Mass. 176, 52 N.E.2d 34], ‘The actual practices of the community have an important bearing on the scope of the practice of law.’)
ABA Rule 5.7 (Law Related Services)
Does not adopt
ABA Rule 6.5 (Court annexed/Non-profit limited scope)
Same as Model Rule.
ABA Rule 7.2(b) (Lawyer referral)
Rule 7.2. Advertising
…
(n) A lawyer shall not give anything of value to a person for recommending the lawyer’s services, except that a lawyer may pay the reasonable cost of advertising or written or recorded communication permitted by these Rules and may pay the usual charges of a lawyer referral service or other legal service organization.
Cloud Computing
NEVADA Opinion 33 http://ftp.documation.com/references/ABA10a/PDfs/3_12.pdf
Reasonable Care Standard
Recommendations
- Chose a vendor that can be reasonably relied upon to keep client information confidential.
- Instruct and require the vendor to keep client information confidential.
Technology Competency
Does not require.