Rule 5.5 (Unauthorized Practice of Law), Rule 5.5A (Registration of Private Lawyers Not Admitted to Nevada in Extra-Judicial Matters), and Nevada-Rules-MJP-8-5 (Jurisdiction) of the Nevada Rules of Professional Conduct encompass the Multijurisdictional Practice Rules (MJP) in Nevada (not including rules relating to attorneys licensed in foreign countries).
Rule 5.5 provides safe harbors for legal practices that out-of-state attorneys may perform in Nevada without engaging in the unauthorized practice of law. Rule 5.5A provides safe harbors for out-of-state attorneys providing legal services for a Nevada client in connection with transactional or extra-judicial matters that are pending in or substantially related to Nevada. Rule 8.5 is not the ABA model rule granting more leeway for attorneys
practicing in multiple jurisdictions but still applies to such practices.
Attorneys should consult both of the MJP rules, as well as the other Nevada admission rules and the rules regulating the attorney’s home jurisdiction, in order to avoid the unauthorized practice of law.
Rule 5.5, particularly 5.5(b), allows attorneys licensed in other jurisdictions to practice law in Nevada on a temporary basis and to practice as Nevada House Counsel.
Attorneys cannot be inactive or suspended members of the Nevada Bar, cannot have been disbarred or have received a disciplinary resignation from the Nevada Bar, and cannot have previously been disciplined or held in contempt for misconduct while engaged in practice permitted by Rule 5.5.
Rule 5.5 generally prohibits attorneys from practicing law in a jurisdiction in a way that would violate the regulation of the legal profession in that jurisdiction. Attorneys cannot establish an office or other regular presence in Nevada for the practice of law, cannot solicit clients in Nevada, and cannot represent or hold out to the public that he or she is admitted in Nevada. Attorneys are also subject to the Nevada Rules of Professional Conduct and the disciplinary jurisdiction of the Nevada Supreme Court.
Unless a practice falls within the temporary practices authorized by 5.5(b), out-of-state attorneys must comply with the Nevada Pro Hac Vice Rules in order to represent a client in Nevada in any action or proceeding governed by the pro hac vice rules. (5.5(c)).
The temporary practices include:
House attorneys may practice under the Nevada House Counsel Rules. Nevada’s MJP rule also exempts house attorneys from the unauthorized practice of law for occasional house counsel practices.
Rule 5.5A provides safe harbors for out-of-state attorneys providing legal services for a Nevada client in connection with transactional or extra-judicial matters that are pending in or substantially related to Nevada. Rule 5.5A does not apply to practice pending before Nevada courts, administrative agencies, government bodies, or any arbitration, mediation, or alternative dispute resolution proceeding, whether authorized by the court, law, rule, or private agreement.
Attorneys must be in good standing and are subject to Nevada’s disciplinary rules and procedures. Attorneys are required to file an Annual Report and a fee with the Nevada Bar at its Las Vegas office before January 31 of each year. Failure to timely file the report may be grounds for discipline and prosecution. The failure to file a timely report shall result in the imposition of a fine of not more than $500. The report will encompass January 1 through December 31 and include:
Jurisdiction. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction although engaged in practice elsewhere.