USA Statutes : nevada
Title : Title 01 - STATE JUDICIAL DEPARTMENT
Chapter : CHAPTER 7 - ATTORNEYS AND COUNSELORS AT LAW

[Effective until the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]

      1.  Each person, before receiving a license to practice law, shall:

      (a) Take, before a person authorized by the laws of this state to
administer oaths, the oath prescribed by rule of the Supreme Court.

      (b) Pay to the Clerk of the Supreme Court the sum of $25. The Clerk
of the Supreme Court shall remit the fees to the State Treasurer as
provided by subsection 7 of NRS 2.250 .
The money received by the State Treasurer pursuant to this paragraph must
be placed in the State General Fund.

      (c) Submit to the State Bar of Nevada a complete set of his
fingerprints and written permission authorizing the Admissions Director
of the State Bar of Nevada to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report.

      2.  An application for a license to practice law must include the
social security number of the applicant.

      [6:6:1861; A 1871, 148; 1873, 114; B § 889; BH § 2534; C § 2617; RL
§ 503; NCL § 596]—(NRS A 1957, 13; 1959, 22; 1985, 1208; 1997, 1260,
2034; 1999, 520 )

[Effective on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]  Each person, before
receiving a license to practice law, shall:

      1.  Take, before a person authorized by the laws of this state to
administer oaths, the oath prescribed by rule of the Supreme Court.

      2.  Pay to the Clerk of the Supreme Court the sum of $25. The Clerk
of the Supreme Court shall remit the fees to the State Treasurer as
provided by subsection 7 of NRS 2.250 .
The money so received by the State Treasurer must be placed in the State
General Fund.

      3.  Submit to the State Bar of Nevada a complete set of his
fingerprints and written permission authorizing the Admissions Director
of the State Bar of Nevada to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report.

      [6:6:1861; A 1871, 148; 1873, 114; B § 889; BH § 2534; C § 2617; RL
§ 503; NCL § 596]—(NRS A 1957, 13; 1959, 22; 1985, 1208; 1997, 1260,
2034, effective on the date of the repeal of the federal law requiring
each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings)
[Expires
by limitation on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]

      1.  An applicant for the issuance or renewal of a license to
practice law in this State shall submit to the Supreme Court the
statement prescribed by the Division of Welfare and Supportive Services
the Department of Health and Human Services pursuant to NRS 425.520
. The statement must be completed and signed by the applicant.

      2.  The Supreme Court shall include the statement required pursuant
to subsection 1 in:

      (a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or

      (b) A separate form prescribed by the Supreme Court.

      3.  A license to practice law in this State may not be issued or
renewed by the Supreme Court if the applicant:

      (a) Fails to submit the statement required pursuant to subsection
1; or

      (b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Supreme Court
shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.

      (Added by NRS by 1997, 2033)

[Expires by limitation on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]

      1.  If the Supreme Court receives a copy of a court order issued
pursuant to NRS 425.540 that provides for the suspension of all professional,
occupational and recreational licenses, certificates and permits issued
to a person who has been issued a license to practice law in this state,
the Supreme Court shall deem the license issued by the Supreme Court to
that person to be suspended at the end of the 30th day after the date on
which the court order was issued unless the Supreme Court receives a
letter issued by the district attorney or other public agency pursuant to
NRS 425.550 to the person to whom the license was issued stating that the
person to whom the license was issued has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560 .

      2.  The Supreme Court shall reinstate a license to practice law
that has been suspended by a district court pursuant to NRS 425.540
if:

      (a) The Supreme Court receives a letter issued by the district
attorney or other public agency to the person whose license was suspended
stating that the person whose license was suspended has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 ; and

      (b) The person whose license was suspended pays any fees imposed by
the Supreme Court for the reinstatement of a suspended license.

      (Added to NRS by 1997, 2034)


      1.  It shall be unlawful for any person or persons within the State
of Nevada, unless he or they be an attorney at law or attorneys at law,
licensed and entitled to practice law under and by virtue of the laws of
the State of Nevada, to solicit, influence or procure, or aid or
participate in soliciting, influencing or procuring any person within
this state to employ, hire or retain any attorney at law within this
state for any legal service whatsoever, when such person or persons first
hereinabove mentioned shall have, either before or after so soliciting,
influencing or procuring, or aiding or participating therein as
aforesaid, accepted or received or have been offered or promised from
such attorney last mentioned, either directly or indirectly, any benefit,
service, money, commission, property or any other thing of value, as
consideration therefor, or compensation therefor, or reward therefor, or
remuneration therefor, or in recognition thereof.

      2.  Any person who violates any of the provisions of subsection 1
shall be guilty of a misdemeanor.

      [1:157:1929; NCL § 621] + [2:157:1929; NCL § 622]—(NRS A 1967,
528)—(Substituted in revision for NRS 7.250)


      1.  An attorney who has been discharged by his client shall, upon
demand and payment of the fee due from the client, immediately deliver to
the client all papers, documents, pleadings and items of tangible
personal property which belong to or were prepared for that client.

      2.  A client who, after demand therefor and payment of the fee due
from him, does not receive from his discharged attorney all papers,
documents, pleadings and items of tangible personal property may, by a
motion filed after at least 5 days’ notice to the attorney, obtain an
order for the production of his papers, documents, pleadings and other
property. If the court finds that an attorney has, without just cause,
refused or neglected to obey its order given under this section, the
court may, after notice and hearing, adjudge the attorney guilty of
contempt and may fine or imprison him until the contempt is purged. If
the court finds that the attorney has, without just cause, withheld the
client’s papers, documents, pleadings or other property, the attorney is
liable for costs and attorney’s fees.

      3.  An attorney who is in doubt as to the ownership of papers,
documents, pleadings or other property may deposit the materials with the
clerk of the court. The clerk shall immediately seal the materials to
protect the privacy and privilege of the clients and interested persons
and notify each interested person of the deposit. Upon a petition filed
by a client or other interested person, any court shall, after giving at
least 5 days’ notice to all other interested persons, adjudicate the
rights of persons claiming an interest in the materials and make
necessary orders under the circumstances of the case.

      (Added to NRS by 1977, 776)
 Except as otherwise provided by a specific statute,
any attorney employed by the State of Nevada or any agency or political
subdivision of the State may represent an indigent person in any
proceeding if:

      1.  The attorney first receives the permission of his supervisor,
if any, to represent the person in that proceeding;

      2.  The interests of the indigent person in that proceeding do not
conflict with the interests of the State or the attorney’s employer;

      3.  The representation is provided through or in association with
an organization that provides free legal assistance to indigent persons;
and

      4.  The attorney receives no compensation for the representation.

      (Added to NRS by 1989, 201)


      1.  An attorney at law who represents any person who is a party to
an action pending before any court shall, within 90 days after the death
of that person, file a notice of death and a motion for substitution of a
party with the court and cause a copy of that notice and motion to be
served upon every other party to the action.

      2.  The court may, upon motion, impose any sanctions it considers
appropriate, including costs and attorney’s fees, against an attorney who
fails to comply with the provisions of subsection 1.

      (Added to NRS by 1989, 504)


      1.  If a court finds that an attorney has:

      (a) Filed, maintained or defended a civil action or proceeding in
any court in this State and such action or defense is not well-grounded
in fact or is not warranted by existing law or by an argument for
changing the existing law that is made in good faith; or

      (b) Unreasonably and vexatiously extended a civil action or
proceeding before any court in this State,

Ê the court shall require the attorney personally to pay the additional
costs, expenses and attorney’s fees reasonably incurred because of such
conduct.

      2.  The court shall liberally construe the provisions of this
section in favor of awarding costs, expenses and attorney’s fees in all
appropriate situations. It is the intent of the Legislature that the
court award costs, expenses and attorney’s fees pursuant to this section
and impose sanctions pursuant to Rule 11 of the Nevada Rules of Civil
Procedure in all appropriate situations to punish for and deter frivolous
or vexatious claims and defenses because such claims and defenses
overburden limited judicial resources, hinder the timely resolution of
meritorious claims and increase the costs of engaging in business and
providing professional services to the public.

      (Added to NRS by 1995, 1707; A 2002 Special Session, 12 ; 2003, 3477 )
[This
section was proposed by an initiative petition and approved by the voters
at the 2004 General Election and therefore is not subject to legislative
amendment or repeal until after November 23, 2007.]

      1.  An attorney shall not contract for or collect a fee contingent
on the amount of recovery for representing a person seeking damages in
connection with an action for injury or death against a provider of
health care based upon professional negligence in excess of:

      (a) Forty percent of the first $50,000 recovered;

      (b) Thirty-three and one-third percent of the next $50,000
recovered;

      (c) Twenty-five percent of the next $500,000 recovered; and

      (d) Fifteen percent of the amount of recovery that exceeds $600,000.

      2.  The limitations set forth in subsection 1 apply to all forms of
recovery, including, without limitation, settlement, arbitration and
judgment.

      3.  For the purposes of this section, “recovered” means the net sum
recovered by the plaintiff after deducting any disbursements or costs
incurred in connection with the prosecution or settlement of the claim.
Costs of medical care incurred by the plaintiff and general and
administrative expenses incurred by the office of the attorney are not
deductible disbursements or costs.

      4.  As used in this section:

      (a) “Professional negligence” means a negligent act or omission to
act by a provider of health care in the rendering of professional
services, which act or omission is the proximate cause of a personal
injury or wrongful death. The term does not include services that are
outside the scope of services for which the provider of health care is
licensed or services for which any restriction has been imposed by the
applicable regulatory board or health care facility.

      (b) “Provider of health care” means a physician licensed under
chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist,
registered physical therapist, podiatric physician, licensed
psychologist, chiropractor, doctor of Oriental medicine, medical
laboratory director or technician, or a licensed hospital and its
employees.

      (Added to NRS by 2004 initiative petition, Ballot Question No. 3)


      1.  Except as otherwise provided in subsections 2 and 3 and NRS
7.065 :

      (a) The Attorney General and every city attorney, district attorney
and the deputies and assistants of each, hired or elected to prosecute
persons charged with the violation of any ordinance or any law of this
State; and

      (b) The Legislative Counsel and every attorney employed in the
Legislative Counsel Bureau, without the consent of the Legislative
Commission,

Ê shall not, during their terms of office or during the time they are so
employed, in any court of this State, accept an appointment to defend,
agree to defend or undertake the defense of any person charged with the
violation of any ordinance or any law of this State.

      2.  Except as otherwise provided by city charter, a city attorney
and his deputies and assistants may defend a person in a criminal
proceeding with or without compensation if:

      (a) The criminal proceeding is held in a jurisdiction outside of
the jurisdiction where the attorney serves as a prosecutor;

      (b) The attorney obtains the prior consent of the defendant; and

      (c) The attorney obtains the prior consent of:

             (1) If the attorney is a city attorney, the governing body
of the city for which he serves as city attorney; or

             (2) If the attorney is a deputy or assistant of a city
attorney, the city attorney and the governing body of the city for which
he serves as a deputy or assistant city attorney.

      3.  An attorney who has been appointed to prosecute a person for a
limited duration with limited jurisdiction may accept an appointment or
otherwise engage in private employment to defend any other person charged
with the violation of any ordinance or any law of this State, unless
providing the defense would result in a direct, legal or ethical conflict
of interests with his appointment to prosecute.

      (Added to NRS by 1969, 440; A 1971, 1124; 1989, 201; 1995, 406;
2001, 366 )

APPOINTED DEFENSE COUNSEL IN CRIMINAL PROCEEDINGS
 A magistrate, master or
a district court shall not appoint an attorney other than a public
defender to represent a person charged with any offense or delinquent act
by petition, indictment or information unless the magistrate, master or
district court makes a finding, entered into the record of the case, that
the public defender is disqualified from furnishing the representation
and sets forth the reason or reasons for the disqualification.

      (Added to NRS by 1975, 1156; A 1995, 921)


      1.  Except as limited by subsections 2, 3 and 4, an attorney, other
than a public defender, who is appointed by a magistrate or a district
court to represent or defend a defendant at any stage of the criminal
proceedings from the defendant’s initial appearance before the magistrate
or the district court through the appeal, if any, is entitled to receive
a fee for court appearances and other time reasonably spent on the matter
to which the appointment is made of $125 per hour in cases in which the
death penalty is sought and $100 per hour in all other cases. Except for
cases in which the most serious crime is a felony punishable by death or
by imprisonment for life with or without possibility of parole, this
subsection does not preclude a governmental entity from contracting with
a private attorney who agrees to provide such services for a lesser rate
of compensation.

      2.  Except as otherwise provided in subsection 4, the total fee for
each attorney in any matter regardless of the number of offenses charged
or ancillary matters pursued must not exceed:

      (a) If the most serious crime is a felony punishable by death or by
imprisonment for life with or without possibility of parole, $20,000;

      (b) If the most serious crime is a felony other than a felony
included in paragraph (a) or is a gross misdemeanor, $2,500;

      (c) If the most serious crime is a misdemeanor, $750;

      (d) For an appeal of one or more misdemeanor convictions, $750; or

      (e) For an appeal of one or more gross misdemeanor or felony
convictions, $2,500.

      3.  Except as otherwise provided in subsection 4, an attorney
appointed by a district court to represent an indigent petitioner for a
writ of habeas corpus or other postconviction relief, if the petitioner
is imprisoned pursuant to a judgment of conviction of a gross misdemeanor
or felony, is entitled to be paid a fee not to exceed $750.

      4.  If the appointing court because of:

      (a) The complexity of a case or the number of its factual or legal
issues;

      (b) The severity of the offense;

      (c) The time necessary to provide an adequate defense; or

      (d) Other special circumstances,

Ê deems it appropriate to grant a fee in excess of the applicable
maximum, the payment must be made, but only if the court in which the
representation was rendered certifies that the amount of the excess
payment is both reasonable and necessary and the payment is approved by
the presiding judge of the judicial district in which the attorney was
appointed, or if there is no such presiding judge or if he presided over
the court in which the representation was rendered, then by the district
judge who holds seniority in years of service in office.

      5.  The magistrate, the district court or the Supreme Court may, in
the interests of justice, substitute one appointed attorney for another
at any stage of the proceedings, but the total amount of fees granted to
all appointed attorneys must not exceed those allowable if but one
attorney represented or defended the defendant at all stages of the
criminal proceeding.

      [1:86:1875; A 1911, 318; 1945, 103; 1943 NCL § 11357] + [2:86:1875;
BH § 2421; C § 2456; RL § 7541; NCL § 11358]—(NRS A 1963, 510; 1964, 8;
1965, 598; 1967, 1468; 1969, 478; 1973, 168; 1975, 1153; 1977, 419, 875;
1981, 874; 1983, 109, 1095; 1985, 1023, 1024; 1987, 1295; 1991, 2077;
1993, 2465; 2003, 442 )
 The attorney appointed by a magistrate or
district court to represent a defendant is entitled, in addition to the
fee provided by NRS 7.125 for his
services, to be reimbursed for expenses reasonably incurred by him in
representing the defendant and may employ, subject to the prior approval
of the magistrate or the district court in an ex parte application, such
investigative, expert or other services as may be necessary for an
adequate defense. Compensation to any person furnishing such
investigative, expert or other services must not exceed $500, exclusive
of reimbursement for expenses reasonably incurred, unless payment in
excess of that limit is:

      1.  Certified by the trial judge of the court, or by the magistrate
if the services were rendered in connection with a case disposed of
entirely before him, as necessary to provide fair compensation for
services of an unusual character or duration; and

      2.  Approved by the presiding judge of the judicial district in
which the attorney was appointed or, if there is no presiding judge, by
the district judge who holds seniority in years of service in office.

      (Added to NRS by 1975, 1155; A 1981, 875; 1983, 110; 2003, 443
)


      1.  A claim for compensation and expenses made pursuant to NRS
7.125 or 7.135 must not be paid unless it is submitted within
60 days after the appointment is terminated to:

      (a) The magistrate in cases in which the representation was
rendered exclusively before him; and

      (b) The district court in all other cases.

      2.  Each claim must be supported by a sworn statement specifying
the time expended in court, the services rendered out of court and the
time expended therein, the expenses incurred while the case was pending
and the compensation and reimbursement applied for or received in the
same case from any other source. Except as otherwise provided for the
approval of payments in excess of the statutory limit, the magistrate or
the court to which the claim is submitted shall fix and certify the
compensation and expenses to be paid, and the amounts so certified must
be paid in accordance with NRS 7.155 .

      (Added to NRS by 1975, 1156; A 1977, 420; 1987, 1296)
 The
compensation and expenses of an attorney appointed to represent a
defendant must be paid from the county treasury unless the proceedings
are based upon a postconviction petition for habeas corpus, in which case
the compensation and expenses must be paid from money appropriated to the
Office of State Public Defender, but after the appropriation for such
expenses is exhausted, money must be allocated to the Office of State
Public Defender from the reserve for statutory contingency account for
the payment of such compensation and expenses.

      (Added to NRS by 1975, 1155; A 1991, 90, 1750, 1825)
 If
at any time after the appointment of an attorney or attorneys the
magistrate or the district court finds that money is available for
payment from or on behalf of the defendant so that he is financially able
to obtain private counsel or to make partial payment for such
representation, the magistrate or the district court may:

      1.  Terminate the appointment of such attorney or attorneys; or

      2.  Direct that such money be paid to:

      (a) The appointed attorney or attorneys, in which event any
compensation provided for in NRS 7.125
shall be reduced by the amount of the money so paid, and no such attorney
may otherwise request or accept any payment or promise of payment for
representing such defendant; or

      (b) The clerk of the district court for deposit in the county
treasury, if all of the compensation and expenses in connection with the
representation of such defendant were paid from the county treasury, and
remittance to the Office of State Public Defender, if such compensation
and expenses were paid partly from moneys appropriated to the Office of
State Public Defender and the money received exceeds the amount of
compensation and expenses paid from the county treasury.

      (Added to NRS by 1975, 1155; A 1977, 420)
 For the
purposes of compensation and other payments authorized by NRS 7.125
to 7.165 , inclusive, an order by a court granting a new
trial shall be deemed to initiate a new case.

      (Added to NRS by 1975, 1156)

STATE BAR OF NEVADA


      1.  The State Bar of Nevada, a public corporation heretofore
created by statute, is hereby continued under the exclusive jurisdiction
and control of the Supreme Court.

      2.  The State Bar of Nevada has perpetual succession and a seal and
it may sue and be sued. It may, for the purpose of carrying into effect
and promoting its objectives:

      (a) Make contracts.

      (b) Own, hold, use, manage and deal in and with real and personal
property.

      (c) Do all other acts incidental to the foregoing or necessary or
expedient for the administration of its affairs and the attainment of its
purposes.

      3.  Rules for the government of the State Bar of Nevada shall be
made by the Supreme Court pursuant to NRS 2.120 .

      (Added to NRS by 1963, 385)


      1.  A person shall not practice law in this state if the person:

      (a) Is not an active member of the State Bar of Nevada or otherwise
authorized to practice law in this state pursuant to the rules of the
Supreme Court; or

      (b) Is suspended or has been disbarred from membership in the State
Bar of Nevada pursuant to the rules of the Supreme Court.

      2.  A person who violates any provision of subsection 1 is guilty
of:

      (a) For a first offense within the immediately preceding 7 years, a
misdemeanor.

      (b) For a second offense within the immediately preceding 7 years,
a gross misdemeanor.

      (c) For a third and any subsequent offense within the immediately
preceding 7 years, a category E felony and shall be punished as provided
in NRS 193.130 .

      3.  The State Bar of Nevada may bring a civil action to secure an
injunction and any other appropriate relief against a person who violates
this section.

      (Added to NRS by 1963, 385; A 1999, 1333 )