Rule 5.5 MJP/UPL Current
(a) General rule. A lawyer shall not:
(1) Practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or
(2) Assist another person in the unauthorized practice of law.
(b) Exceptions. A lawyer who is not admitted in this jurisdiction, but who is admitted and in good standing in another jurisdiction of the United States, does not engage in the unauthorized practice of law in this jurisdiction when:
(1) 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;
(2) 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;
(3) 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;
(4) 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) 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;
(6) 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; or
(7) The lawyer is acting as an arbitrator, mediator, or impartial third party in an alternative dispute resolution proceeding.
(c) Interaction with Supreme Court Rule 42. Notwithstanding the provisions of paragraph (b) of this Rule, a lawyer who is not admitted to practice in this jurisdiction shall not represent a client in this state in an action or proceeding governed by Supreme Court Rule 42 unless the lawyer has been authorized to appear under Supreme Court Rule 42 or reasonably expects to be so authorized.
(1) No lawyer is authorized to provide legal services under this Rule if the lawyer:
(i) Is an inactive or suspended member of the State Bar of Nevada, or has been disbarred or has received a disciplinary resignation from the State Bar of Nevada; or
(ii) Has previously been disciplined or held in contempt by reason of misconduct committed while engaged in the practice of law permitted under this Rule.
(2) A lawyer who is not admitted to practice in this jurisdiction shall not:
(i) Establish an office or other regular presence in this jurisdiction for the practice of law;
(ii) Solicit clients in this jurisdiction; or
(iii) Represent or hold out to the public that the lawyer is admitted to practice law in this jurisdiction.
(e) Conduct and discipline. A lawyer admitted to practice in another jurisdiction of the United States who acts in this jurisdiction pursuant to paragraph (b) of this Rule shall be subject to the Nevada Rules of Professional Conduct and the disciplinary jurisdiction of the Supreme Court of Nevada and the State Bar of Nevada as provided in Supreme Court Rule 99.
Nevada Rule 5.5
In-House Counsel Rule
In-house counsel practice is governed by Rule 5.5(A) Registration of Private Lawyers Not Admitted to Nevada in Extra-Judicial Matters :
(a) Application of rule.
(1) This Rule applies to a lawyer who is not admitted in this jurisdiction, but who is admitted and in good standing in another jurisdiction of the United States, and who provides legal services for a Nevada client in connection with transactional or extra-judicial matters that are pending in or substantially related to Nevada.
(2) This Rule does not apply to work performed by a lawyer in connection with any action pending before a court of this state, any action pending before an administrative agency or governmental body, or any arbitration, mediation, alternative dispute resolution proceeding, whether authorized by the court, law, rule, or private agreement.
(b) Definitions. For purposes of this Rule, a “Nevada client” is a natural person residing in the State of Nevada, a Nevada governmental entity, or a business entity doing business in Nevada.
(c) Annual report. Notwithstanding any other provision of law, a lawyer who is subject to this Rule shall file an annual report, along with a reporting fee of $150, with the State Bar of Nevada at its Las Vegas, Nevada, office. The annual report shall encompass January 1 through December 31 of a single calendar year and shall be filed on or before January 31 of the following calendar year. The report shall be on a form approved by the State Bar of Nevada and include the following information:
(1) The lawyers’ residence and office address;
(2) The courts before which the lawyer has been admitted to practice and the dates of admission;
(3) That the lawyer is currently a member in good standing of, and eligible to practice law before, the bar of those courts;
(4) That the lawyer is not currently on suspension or disbarred from the practice of law before the bar of any court; and
(5) 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.
(d) Failure to file report. Failure to timely file the report described in paragraph (c) of this Rule may be grounds for discipline under applicable Supreme Court Rules and prosecution under applicable state laws. The failure to file a timely report shall result in the imposition of a fine of not more than $500.
(e) Discipline. A lawyer who must file an annual report under this Rule shall be subject to the jurisdiction of the courts and disciplinary boards of this state with respect to the law of this state governing the conduct of lawyers to the same extent as a member of the State Bar of Nevada. He or she shall familiarize himself or herself and comply with the standards of professional conduct required of members of the State Bar of Nevada and shall be subject to the disciplinary jurisdiction of the State Bar of Nevada. The Nevada Supreme Court Rules shall govern in any investigation or proceeding conducted by the State Bar of Nevada under this Rule.
(f) Confidentiality. The State Bar of Nevada shall not disclose annual reports filed under this Rule to any third parties unless necessary for disciplinary investigation or criminal prosecution for the unauthorized practice of law.
See, also the Nevada Supreme Court Rule 49.10 regarding registration of in-house counsel.
Pro Hac Vice
Nevada Supreme Court Rule 42 allows pro hac vice admission to eligible attorneys who associate a member of the Nevada bar.
Admission on Motion
Nevada does not allow for admission on the motion however, Rule 5.5 (A) allows limited temporary work if the attorney registers with the State Bar of Nevada.
Las Vegas Contact:
600 East Charleston Blvd.
Las Vegas, NV 89104
Phone (702) 382- 2200
Fax (702) 385- 2878
9456 Double R Blvd., Suite B
Reno, NV 89521
Phone (775) 329-4100
Fax (775) 329-0522