Rule 49.10 of the Nevada Supreme Court Rules allows limited practice for government attorneys and in-house counsel. Certified attorneys are not members of the Nevada Bar.
Eligibility
Attorneys must be:
- Admitted to practice law in any other jurisdiction.
- Employed exclusively for a single governmental entity or as in-house counsel for a single corporation (including its subsidiaries and affiliates), association, partnership, or other business entity situated in or qualified to do business in Nevada. The business cannot be for the practice of law or the provision of legal services.
Practice
Attorneys may render legal advice and services to, and communicate and negotiate with third persons on behalf of, the attorney’s employer, other employees, or the employer’s subsidiaries and affiliates in matters related to the business of the employer.
Attorneys cannot render legal advice or services to the public or anyone other than the attorney’s employer, other employees, or employer’s subsidiaries and affiliates.
Attorneys cannot appear as a counsel of record for the employer in Nevada in any court, before any administrative or political agency, or in any arbitration, mediation, or alternative dispute resolution proceeding that is court ordered, court annexed, or authorized by law or administrative rule.
Attorneys also cannot hold themselves out to the public as an attorney authorized or engaged in the activities above. All business cards and employer letterhead used by an attorney certified under this rule in Nevada must clearly indicate the attorney is certified to practice in Nevada as governmental or in-house counsel.
Attorneys are subject to the jurisdiction of the courts and disciplinary boards of Nevada to the same extent as Nevada attorneys. Attorneys must comply with the CLE requirements as may be prescribed for active members of the Nevada Bar.
Application and Certification
Attorneys are required to file an Application with the following documents with the Nevada Bar at its Las Vegas office:
- A verified certificate that states:
- Attorney’s residence and office address.
- Name, address, and phone number of the attorney’s employer.
- The courts where the attorney has been admitted and the dates of admission.
- The attorney is currently a member in good standing of, and eligible to practice law, before the bar of those courts.
- The attorney is not currently on suspension or disbarred from the practice of law before the bar of any court.
- The attorney agrees to be subject to the jurisdiction of the Nevada courts with respect to the laws of Nevada governing the conduct of
attorneys to the same extent as an active member of the Nevada Bar.
- Certificates of Good Standing from the state bar or Clerk of the Supreme Court or highest admitting court of each state, territory, or insular possession of the United States where the applicant has been admitted to practice law certifying the applicant’s membership and good standing.
- Employer Affidavit. An affidavit signed by the applicant’s immediate governmental supervisor or an officer, director, or general counsel of the attorney’s employer attesting that:
- The applicant is a bona fide full-time employee.
- The nature of the employment conforms to the requirements of these rules.
- The affiant will notify the Nevada Bar within 30 days after the applicant ceases to be employed.
- Affidavits signed by two members of each bar where the applicant has been admitted or other evidence satisfactory of the Nevada Bar establishing the applicant’s good moral character and fitness to practice law.
- A non-refundable fee.
Renewal
Attorneys are required to submit an annual fee equivalent to the annual membership dues by active members of the Nevada Bar of comparable longevity.
On or before March 1 of each year, attorneys must certify to the Nevada Bar that:
- The attorney is still employed by the same employer that submitted the Employer Affidavit.
- The attorney has complied with the CLE requirements for active members of the Nevada Bar.
- The attorney is still in good standing before the courts before which the attorney has been admitted to practice.
- Pay the applicable fee equivalent to the annual membership dues of Nevada Bar members.
Attorneys failing to renew are suspended from practicing law after 30 days from the anniversary date. Attorneys may be reinstated from suspension upon compliance with the renewal rules and a late penalty fee of $50.
Termination
Certification terminates when the attorney ceases to be employed by the employer submitting the Employer Affidavit. The employer must promptly notify the Nevada Bar in writing whenever the attorney’s employment ceases. Attorneys must reapply for admission.