2005 Nevada Revised Statutes - Chapter 7 — Attorneys and Counselors at Law

CHAPTER 7 - ATTORNEYS AND COUNSELORS AT LAW

GENERAL PROVISIONS

NRS 7.030 Prerequisitesto receiving license to practice law. [Effective until the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 7.030 Prerequisitesto receiving license to practice law. [Effective on the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreational licensesfor child support arrearages and for noncompliance with certain processesrelating to paternity or child support proceedings.]

NRS 7.034 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duties of Supreme Court. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 7.037 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 7.045 Unlawfulsolicitation of legal business; penalty.

NRS 7.055 Dutyof discharged attorney to deliver certain materials to client; enforcement;adjudication of claims to materials.

NRS 7.065 Representationof indigent persons by attorneys in public employment.

NRS 7.075 Dutiesof attorney upon death of client being represented in pending action;sanctions.

NRS 7.085 Paymentof additional costs, expenses and attorneys fees by attorney who files,maintains or defends certain civil actions or extends civil actions in certaincircumstances.

NRS 7.095 Limitationson contingent fees for representation of persons in certain actions againstproviders of health care. [This section was proposed by an initiative petitionand approved by the voters at the 2004 General Election and therefore is not subjectto legislative amendment or repeal until after November 23, 2007.]

NRS 7.105 Personsprohibited from defending persons charged with violations of ordinances orstate laws.

APPOINTED DEFENSE COUNSEL IN CRIMINAL PROCEEDINGS

NRS 7.115 Appointmentof attorney other than public defender prohibited unless public defenderdisqualified.

NRS 7.125 Feesof appointed attorney other than public defender.

NRS 7.135 Reimbursementfor expenses; employment of investigative, expert or other services.

NRS 7.145 Claimfor compensation and expenses.

NRS 7.155 Paymentof compensation and expenses from county treasury or money appropriated toState Public Defender.

NRS 7.165 Paymentof compensation and expenses by defendant.

NRS 7.175 Compensationand expenses on new trial.

STATE BAR OF NEVADA

NRS 7.275 Continuationas public corporation; powers; rules of Supreme Court.

NRS 7.285 Unlawfulpractice of law; criminal penalties; initiation of civil action by State Bar ofNevada.

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GENERAL PROVISIONS

NRS 7.030 Prerequisitesto receiving license to practice law. [Effective until the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

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

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

(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 Treasureras provided by subsection 7 of NRS 2.250.The money received by the State Treasurer pursuant to this paragraph must beplaced in the State General Fund.

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

2. An application for a license to practice law mustinclude 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)

NRS 7.030 Prerequisites to receiving license topractice law. [Effective on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] Each person,before receiving a license to practice law, shall:

1. Take, before a person authorized by the laws ofthis state to administer oaths, the oath prescribed by rule of the SupremeCourt.

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 Treasureras provided by subsection 7 of NRS 2.250.The money so received by the State Treasurer must be placed in the StateGeneral Fund.

3. Submit to the State Bar of Nevada a complete set ofhis fingerprints and written permission authorizing the Admissions Director ofthe State Bar of Nevada to forward the fingerprints to the Central Repositoryfor Nevada Records of Criminal History for submission to the Federal Bureau ofInvestigation 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 lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings)

NRS 7.034 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duties of Supreme Court. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

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

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

(a) The application or any other forms that must besubmitted 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 beissued or renewed by the Supreme Court if the applicant:

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

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

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Supreme Court shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added by NRS by 1997, 2033)

NRS 7.037 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

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

2. The Supreme Court shall reinstate a license topractice 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 districtattorney or other public agency to the person whose license was suspendedstating that the person whose license was suspended has complied with thesubpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

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

(Added to NRS by 1997, 2034)

NRS 7.045 Unlawfulsolicitation of legal business; penalty.

1. It shall be unlawful for any person or personswithin the State of Nevada, unless he or they be an attorney at law orattorneys at law, licensed and entitled to practice law under and by virtue ofthe laws of the State of Nevada, to solicit, influence or procure, or aid orparticipate in soliciting, influencing or procuring any person within thisstate to employ, hire or retain any attorney at law within this state for anylegal service whatsoever, when such person or persons first hereinabove mentionedshall have, either before or after so soliciting, influencing or procuring, oraiding or participating therein as aforesaid, accepted or received or have beenoffered or promised from such attorney last mentioned, either directly orindirectly, any benefit, service, money, commission, property or any otherthing of value, as consideration therefor, or compensation therefor, or rewardtherefor, or remuneration therefor, or in recognition thereof.

2. Any person who violates any of the provisions ofsubsection 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)

NRS 7.055 Dutyof discharged attorney to deliver certain materials to client; enforcement;adjudication of claims to materials.

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

2. A client who, after demand therefor and payment ofthe fee due from him, does not receive from his discharged attorney all papers,documents, pleadings and items of tangible personal property may, by a motionfiled after at least 5 days notice to the attorney, obtain an order for theproduction of his papers, documents, pleadings and other property. If the courtfinds that an attorney has, without just cause, refused or neglected to obeyits 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 thecontempt is purged. If the court finds that the attorney has, without justcause, withheld the clients papers, documents, pleadings or other property,the attorney is liable for costs and attorneys fees.

3. An attorney who is in doubt as to the ownership ofpapers, documents, pleadings or other property may deposit the materials withthe clerk of the court. The clerk shall immediately seal the materials toprotect the privacy and privilege of the clients and interested persons andnotify each interested person of the deposit. Upon a petition filed by a clientor other interested person, any court shall, after giving at least 5 daysnotice to all other interested persons, adjudicate the rights of personsclaiming an interest in the materials and make necessary orders under thecircumstances of the case.

(Added to NRS by 1977, 776)

NRS 7.065 Representationof indigent persons by attorneys in public employment.Except as otherwise provided by a specific statute, any attorney employedby the State of Nevada or any agency or political subdivision of the State mayrepresent an indigent person in any proceeding if:

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

2. The interests of the indigent person in thatproceeding do not conflict with the interests of the State or the attorneysemployer;

3. The representation is provided through or inassociation with an organization that provides free legal assistance toindigent persons; and

4. The attorney receives no compensation for therepresentation.

(Added to NRS by 1989, 201)

NRS 7.075 Dutiesof attorney upon death of client being represented in pending action;sanctions.

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

2. The court may, upon motion, impose any sanctions itconsiders appropriate, including costs and attorneys fees, against an attorneywho fails to comply with the provisions of subsection 1.

(Added to NRS by 1989, 504)

NRS 7.085 Paymentof additional costs, expenses and attorneys fees by attorney who files,maintains or defends certain civil actions or extends civil actions in certaincircumstances.

1. If a court finds that an attorney has:

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

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

the courtshall require the attorney personally to pay the additional costs, expenses andattorneys fees reasonably incurred because of such conduct.

2. The court shall liberally construe the provisionsof this section in favor of awarding costs, expenses and attorneys fees in allappropriate situations. It is the intent of the Legislature that the courtaward costs, expenses and attorneys fees pursuant to this section and imposesanctions pursuant to Rule 11 of the Nevada Rules of Civil Procedure in allappropriate situations to punish for and deter frivolous or vexatious claimsand defenses because such claims and defenses overburden limited judicialresources, hinder the timely resolution of meritorious claims and increase thecosts of engaging in business and providing professional services to thepublic.

(Added to NRS by 1995, 1707; A 2002 Special Session,12; 2003, 3477)

NRS 7.095 Limitationson contingent fees for representation of persons in certain actions againstproviders of health care. [This section was proposed by an initiative petitionand approved by the voters at the 2004 General Election and therefore is not subjectto legislative amendment or repeal until after November 23, 2007.]

1. An attorney shall not contract for or collect a feecontingent on the amount of recovery for representing a person seeking damagesin connection with an action for injury or death against a provider of healthcare 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 thatexceeds $600,000.

2. The limitations set forth in subsection 1 apply toall forms of recovery, including, without limitation, settlement, arbitrationand judgment.

3. For the purposes of this section, recovered meansthe net sum recovered by the plaintiff after deducting any disbursements orcosts incurred in connection with the prosecution or settlement of the claim.Costs of medical care incurred by the plaintiff and general and administrativeexpenses incurred by the office of the attorney are not deductibledisbursements or costs.

4. As used in this section:

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

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

(Added to NRS by 2004 initiative petition, Ballot QuestionNo. 3)

NRS 7.105 Personsprohibited from defending persons charged with violations of ordinances orstate laws.

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

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

(b) The Legislative Counsel and every attorney employedin the Legislative Counsel Bureau, without the consent of the LegislativeCommission,

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

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

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

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

(c) The attorney obtains the prior consent of:

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

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

3. An attorney who has been appointed to prosecute aperson for a limited duration with limited jurisdiction may accept anappointment or otherwise engage in private employment to defend any otherperson charged with the violation of any ordinance or any law of this State,unless providing the defense would result in a direct, legal or ethicalconflict 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

NRS 7.115 Appointmentof attorney other than public defender prohibited unless public defenderdisqualified. A magistrate, master or adistrict court shall not appoint an attorney other than a public defender to representa person charged with any offense or delinquent act by petition, indictment orinformation unless the magistrate, master or district court makes a finding,entered into the record of the case, that the public defender is disqualifiedfrom furnishing the representation and sets forth the reason or reasons for thedisqualification.

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

NRS 7.125 Feesof appointed attorney other than public defender.

1. Except as limited by subsections 2, 3 and 4, anattorney, other than a public defender, who is appointed by a magistrate or adistrict court to represent or defend a defendant at any stage of the criminalproceedings from the defendants initial appearance before the magistrate orthe district court through the appeal, if any, is entitled to receive a fee forcourt appearances and other time reasonably spent on the matter to which theappointment is made of $125 per hour in cases in which the death penalty issought and $100 per hour in all other cases. Except for cases in which the mostserious crime is a felony punishable by death or by imprisonment for life withor without possibility of parole, this subsection does not preclude a governmentalentity from contracting with a private attorney who agrees to provide suchservices for a lesser rate of compensation.

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

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

(b) If the most serious crime is a felony other than afelony 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 misdemeanorconvictions, $750; or

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

3. Except as otherwise provided in subsection 4, anattorney appointed by a district court to represent an indigent petitioner fora writ of habeas corpus or other postconviction relief, if the petitioner isimprisoned pursuant to a judgment of conviction of a gross misdemeanor orfelony, 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 itsfactual or legal issues;

(b) The severity of the offense;

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

(d) Other special circumstances,

deems itappropriate to grant a fee in excess of the applicable maximum, the paymentmust be made, but only if the court in which the representation was renderedcertifies that the amount of the excess payment is both reasonable and necessaryand the payment is approved by the presiding judge of the judicial district inwhich the attorney was appointed, or if there is no such presiding judge or ifhe presided over the court in which the representation was rendered, then bythe district judge who holds seniority in years of service in office.

5. The magistrate, the district court or the SupremeCourt may, in the interests of justice, substitute one appointed attorney foranother at any stage of the proceedings, but the total amount of fees grantedto all appointed attorneys must not exceed those allowable if but one attorneyrepresented 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)

NRS 7.135 Reimbursementfor expenses; employment of investigative, expert or other services. The attorney appointed by a magistrate or district courtto represent a defendant is entitled, in addition to the fee provided by NRS 7.125 for his services, to bereimbursed for expenses reasonably incurred by him in representing thedefendant and may employ, subject to the prior approval of the magistrate orthe district court in an ex parte application, such investigative, expert orother services as may be necessary for an adequate defense. Compensation to anyperson furnishing such investigative, expert or other services must not exceed$500, exclusive of reimbursement for expenses reasonably incurred, unlesspayment in excess of that limit is:

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

2. Approved by the presiding judge of the judicialdistrict in which the attorney was appointed or, if there is no presidingjudge, 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)

NRS 7.145 Claimfor compensation and expenses.

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

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

(b) The district court in all other cases.

2. Each claim must be supported by a sworn statementspecifying the time expended in court, the services rendered out of court andthe time expended therein, the expenses incurred while the case was pending andthe compensation and reimbursement applied for or received in the same casefrom any other source. Except as otherwise provided for the approval ofpayments in excess of the statutory limit, the magistrate or the court to whichthe claim is submitted shall fix and certify the compensation and expenses tobe 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)

NRS 7.155 Paymentof compensation and expenses from county treasury or money appropriated toState Public Defender. The compensation and expensesof an attorney appointed to represent a defendant must be paid from the countytreasury unless the proceedings are based upon a postconviction petition forhabeas corpus, in which case the compensation and expenses must be paid from moneyappropriated to the Office of State Public Defender, but after the appropriationfor such expenses is exhausted, money must be allocated to the Office of StatePublic Defender from the reserve for statutory contingency account for thepayment of such compensation and expenses.

(Added to NRS by 1975, 1155; A 1991, 90, 1750, 1825)

NRS 7.165 Paymentof compensation and expenses by defendant. Ifat any time after the appointment of an attorney or attorneys the magistrate orthe district court finds that money is available for payment from or on behalfof the defendant so that he is financially able to obtain private counsel or tomake partial payment for such representation, the magistrate or the districtcourt may:

1. Terminate the appointment of such attorney orattorneys; or

2. Direct that such money be paid to:

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

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

(Added to NRS by 1975, 1155; A 1977, 420)

NRS 7.175 Compensationand expenses on new trial. For the purposes ofcompensation and other payments authorized by NRS7.125 to 7.165, inclusive, an orderby a court granting a new trial shall be deemed to initiate a new case.

(Added to NRS by 1975, 1156)

STATE BAR OF NEVADA

NRS 7.275 Continuationas public corporation; powers; rules of Supreme Court.

1. The State Bar of Nevada, a public corporationheretofore created by statute, is hereby continued under the exclusivejurisdiction and control of the Supreme Court.

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

(a) Make contracts.

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

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

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

(Added to NRS by 1963, 385)

NRS 7.285 Unlawfulpractice of law; criminal penalties; initiation of civil action by State Bar ofNevada.

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

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

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

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

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

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

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

3. The State Bar of Nevada may bring a civil action tosecure an injunction and any other appropriate relief against a person whoviolates this section.

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

 

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