Ezel / Ethics Opinions / NVBAR
NVBAR March 7, 2008

Can a lawyer licensed in another state represent Social Security claimants in Nevada without being admitted there?

Short answer: The Committee concluded that an attorney admitted in another state but not in Nevada does not commit the unauthorized practice of law by representing Social Security claimants in proceedings before the Social Security Administration in Nevada, because federal law expressly authorizes it and RPC 5.5(b)(1) recognizes the exception, so long as the lawyer is admitted in his home state or a federal court and does not establish an office or regular presence in Nevada.

Apply this to your situation

This page answers the general question as of 2008. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 2008
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A lawyer admitted in another state but not in Nevada asked whether representing Social Security claimants in Nevada, without Nevada admission, would be the unauthorized practice of law under Supreme Court Rule 42 or RPC 5.5. The Committee answered no, treating the representation as an express exception subject to the rules' limits.

RPC 5.5(b)(1) provides that a lawyer admitted and in good standing in another U.S. jurisdiction does not engage in the unauthorized practice of law when authorized to appear before a tribunal in Nevada by law or order. The Social Security Act, 42 U.S.C. 406(a)(1), entitles an attorney in good standing admitted before the highest court of his state of residence (or the U.S. Supreme Court or lower federal courts) to represent claimants before the Commissioner of Social Security. So such representation is authorized by federal law and not prohibited by RPC 5.5(a).

The Committee addressed RPC 5.5(c), which bars an unadmitted lawyer from representing a client in a proceeding governed by SCR 42 unless authorized under that rule. It concluded SCR 42 does not govern here, because SCR 42(a)(2) applies to proceedings before a Nevada administrative agency or governmental body "unless that agency or governmental body provides otherwise," and the federal Social Security Administration provides otherwise. The Committee concluded the lawyer does not violate RPC 5.5 or SCR 42 so long as he is admitted in his state of residence or a federal court and does not establish an office or regular Nevada presence for practice (RPC 5.5(d)(2)). It expressly declined to opine on whether non-attorney representation of claimants (also permitted by the Social Security Act) is the unauthorized practice of law under NRS 7.285, calling statutory interpretation beyond its authority.

In practice

The opinion holds that, under the Nevada rules in force, an out-of-state lawyer may represent Social Security claimants in proceedings before the Social Security Administration in Nevada without Nevada admission, because federal law authorizes it and RPC 5.5(b)(1) recognizes the exception, provided the lawyer is admitted in his home state or a federal court and does not set up an office or regular presence in Nevada for practicing law.

Common questions

Q: Can an out-of-state lawyer handle Social Security cases in Nevada without joining the Nevada bar?

A: Yes. The opinion concluded this is not the unauthorized practice of law, because federal law (42 U.S.C. 406) authorizes it and RPC 5.5(b)(1) recognizes the exception.

Q: Doesn't SCR 42 require Supreme Court approval to appear before a Nevada agency?

A: Not here. The opinion explained SCR 42(a)(2) applies to Nevada agency proceedings "unless that agency or governmental body provides otherwise," and the federal Social Security Administration provides otherwise, so SCR 42 does not govern.

Q: Are there limits on the out-of-state lawyer?

A: Yes. Per the opinion, the lawyer must be admitted in his state of residence or a federal court and must not establish an office or regular presence in Nevada for the practice of law (RPC 5.5(d)(2)).

Background and rules framework

The opinion interprets Nevada Rule of Professional Conduct 5.5 (unauthorized practice and multijurisdictional practice), including 5.5(b)(1), 5.5(c), and 5.5(d)(2), together with Supreme Court Rule 42 (appearance by attorneys not admitted in Nevada) and the federal Social Security Act, 42 U.S.C. 406.

Citations and references

Rules of Professional Conduct:

  • Model Rule 5.5 / Nev. RPC 5.5 (unauthorized practice; multijurisdictional practice)
  • Nev. SCR 42 (appearance by attorneys not admitted in Nevada)

Statutes:

  • 42 U.S.C. 406 (representation of claimants before the Social Security Administration)

See also

Source

Get today's answer for your situation

You just read a 2008 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the rules it relies on.