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 (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.
Nevada’s MJP Rules 5.5 and 5.5A are not the ABA Model Rule 5.5.
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.
Nevada MJP 5.5 Practice Generally
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.
Temporary Practice
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:
- Pro Hac Vice and Practice Authorized by Law. 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; 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; (5.5(b)(1)).
- Association With A Local Nevada Lawyer. 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; (5.5(b)(5)).
- Investigation and Discovery. 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; (5.5(b)(2)).
- ADR. The lawyer is acting as an arbitrator, mediator, or impartial third party in an alternative dispute resolution proceeding. (5.5(b)(7)).
- Practice Incidental to the Attorney’s Home Jurisdiction. 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; (5.5(b)(4)).
- Federal, International, or Foreign Nation Laws. 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; (5.5(b)(6)).
House Counsel
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.
- 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. (5.5(b)(3).
RULE 5.5A – Transactional and Non-Judicial Matters
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:
- The attorney’s residence and office address;
- The courts before which the lawyer has been admitted to practice and the dates of admission;
- That the lawyer is currently a member in good standing of, and eligible to practice law before, the bar of those courts;
- That the lawyer is not currently on suspension or disbarred from the practice of law before the bar of any court.
- 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.
RULE 8.5. Jurisdiction
Nevada’s MJP Rule 8.5 is not the ABA Model Rule 8.5. Nevada’s Rule 8.5 states,
Jurisdiction. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction although engaged in practice elsewhere.