Rule 49.5 of the Nevada Supreme Court Rules allows law students to practice on a limited basis in Nevada as part of a law school clinical program at the William S. Boyd School of Law. Law students and graduates from ABA approved law schools may also practice under the supervision of a Nevada Bar member.
Eligibility
Law students must:
- Be enrolled, or completing assignment pursuant to enrollment, in a clinical program of the William S. Boyd School of Law of the University of Nevada Las Vegas; or be enrolled or have graduated from an ABA approved law school and under the supervision of a member of the Nevada Bar.
- Be certified by the law school Dean as being of good academic standing and qualified in ability, training, and character to participate in permitted practice.
- Have successfully completed legal studies amounting to:
- Level 1 Certification. At least 30 semester credit hours (or equivalent).
- Level 2 Certification. At least 45 semester credit hours (or equivalent).
Practice
Law student practice is divided into Level 1 and Level 2 activities. Law students are required to obtain the client’s written consent and approval and be under the supervision of the supervising attorney.
For Level 1 activities, law students may:
- Conduct investigations and interview witnesses.
- Interview and counsel clients.
- Represent clients before legislative and administrative bodies.
For Level 2 activities, law students may:
- Appear in any court or before any administrative tribunal in Nevada on behalf of any person.
- Counsel and give legal advice to clients.
- Negotiate and mediate the settlement of claims and disputes.
- Prepare documents to be filed in court or with a legislative or administrative body.
- Prepare transactional documents such as contracts, incorporation papers and by-laws, and filings required by a state, federal or other governmental body.
In all instances where the student is permitted to appear in court or before an administrative tribunal, the law student must file with the court or tribunal a copy of the client’s written consent and bring that consent to the attention of the judge or presiding officer.
A student’s name may be signed and printed on briefs, pleadings, and other similar documents where the student has worked under the direction of the supervising attorney if the student is clearly identified as a student certified by the rules. The student’s name may be signed to letters written on the supervising attorney’s letterhead that related to the student’s supervised work if the student is clearly identified as a student certified by the
rules.
Law students cannot ask for nor receive any compensation or remuneration of any kind directly from the client. A supervising attorney cannot charge a client an amount greater than an amount customarily charged for the attorney’s services. Lawyers, law firms, organizations having an established legal department, non-profit organizations rendering legal aid to indigent persons, and public agencies may pay permitted compensation.
Filing the application is deemed consent by the student to be subject to all disciplinary process of the Nevada Bar. Any offense that would subject a Nevada lawyer to suspension or disbarment may be punished by suspension or forfeiture of the student’s privilege of taking the bar exam and being licensed to practice in Nevada.
Supervising Attorney
A “supervising lawyer” means either a lawyer or law professor employed by the Boyd School of Law in a clinical program and certified to practice in Nevada, or an active Nevada Bar member.
Supervising attorneys must:
- Personally assume professional responsibility for all work undertaken by the student while under the lawyer’s supervision.
- Assist and counsel the student in activities permitted by the student practices rule and review such activities with the student to the extent
necessary for the proper training of the student and protection of the client.
- Read, approve, and personally sign any pleadings, briefs, or other papers prepared by the student before filing.
- Read and approve any documents prepared by the student for execution by any person before submission to that person.
- Read and approve any correspondence prepared by the student before mailing.
- Be present for any student appearance before a court or administrative tribunal.
Supervising attorneys not employed by the Boyd School of Law in a clinical program must meet the additional requirements, which include:
- Being an active resident member of the Nevada Bar and have actively practiced law in Nevada as a full-time occupation for at least five years.
- Supervising not more than one student, unless the student is participating in a Boyd School of Law externship program.
- Being continuously personally present throughout the student’s practice under Level 2 practice pertaining to appearing before any court or
administrative tribunal, counsel and give advise to clients, an negotiating and mediating settlement of claims and disputes.
- Before commencing supervision of any student, filing with the Nevada Bar a notice in writing signed by the supervising attorney stating the
name of the student and the period during which the lawyer expects to supervise the activities of the student.
- Promptly notifying the Nevada Bar in writing whenever the supervision ceases.
Application and Certification
Law student is required to submit an Application. The application includes:
- The student’s written certification that he or she has read and is familiar with the ABA Model Rules of Professional Conduct and the Rules of Professional Conduct of the Nevada Supreme Court and will abide by the same in the activities permitted by the student practice rules.
- The law school Dean certificate.
Termination
The law school Dean certificate remains in effect as long as the student remains eligible to participate under the student practices rule, unless sooner withdrawn or terminated. The certification is withdrawn if the student ceases to be duly enrolled as a law student prior to his or her graduation.
The law school Dean, or an assistant or associate Dean, may withdraw the certification at any time without notice or hearing and without showing of cause. The Nevada Bar may terminate the certification at any time without notice or hearing and without showing of cause.
The certification automatically terminates if:
- The student does not apply for or take the first Nevada bar exam after the student has satisfied the educational requirements for the bar exam.
- The student fails the bar exam.
- If the student passes the bar exam, 50 days after announcement of the result of that bar exam.