Can a lawyer licensed in another state associate with a Nevada law firm to handle transactional matters for Nevada clients?

Plain-English summary

A Nevada lawyer asked whether a lawyer licensed and in good standing in another state may associate with a Nevada firm to provide transactional services to Nevada clients, and whether, after registering under NRPC 5.5A, the out-of-state lawyer may provide the full range of transactional services. The opinion assumes the lawyer is not disbarred or suspended at home and keeps her home-state membership current.

The Committee answered yes. The practice of law in Nevada is governed by NRS 7.285, which criminalizes the unauthorized practice of law, and by NRPC 5.5. Under the temporary-practice provisions of Rule 5.5(b), an out-of-state lawyer may provide legal services on an occasional basis if the work is undertaken in association with a Nevada lawyer who has actual responsibility for and actively participates in the representation, provided the services are not part of a regular or repetitive course of practice in Nevada. The opinion notes that, when proceeding under the Rule 5.5 exceptions, a prudent practitioner would give written notice to the Nevada client that the out-of-state lawyer is not licensed in Nevada.

For lawyers who want to do more than occasional work, the opinion explains that NRPC 5.5A allows lawyers admitted in another jurisdiction who provide transactional or other non-litigation services in or related to Nevada to register with and report to the State Bar. Once an out-of-state lawyer registers under 5.5A and makes the required annual reports describing the services rendered, there is no limitation on the range of transactional services she may provide. The opinion adds that registration under 5.5A does not, by itself, authorize the practice of law in Nevada.

In practice

The opinion holds that, under the Nevada rules as they stood at the time, an out-of-state lawyer may handle Nevada transactional work either on an occasional basis in association with an actively participating Nevada lawyer (and not as a regular or repetitive Nevada practice), or, for a broader and ongoing role, by registering and reporting under NRPC 5.5A, which lifts the limit on the range of services. The opinion notes that giving the Nevada client written notice that the out-of-state lawyer is not Nevada-licensed is the prudent course when relying on the Rule 5.5 exceptions, and that the opinion does not address a lawyer from another jurisdiction acting as a law clerk under a Nevada lawyer's supervision.

Common questions

Q: Can an out-of-state lawyer work on a Nevada transactional matter without being admitted in Nevada?

A: Yes, within limits. The opinion concluded that an out-of-state lawyer may associate with a Nevada lawyer to provide transactional services if the Nevada lawyer has actual responsibility and actively participates and the work is not part of a regular or repetitive Nevada practice.

Q: What does registering under NRPC 5.5A change?

A: Per the opinion, registering under 5.5A and making the required annual reports removes the limitation on the range of transactional services the out-of-state lawyer may provide, though registration alone does not authorize the practice of law in Nevada.

Q: Should the Nevada client be told the lawyer is not licensed in Nevada?

A: The opinion states that, when proceeding under the Rule 5.5 exceptions, a prudent practitioner would give the Nevada client written notice that the out-of-state lawyer is not licensed in Nevada.

Background and rules framework

The opinion interprets Nevada Rule of Professional Conduct 5.5 (unauthorized practice; multijurisdictional practice), including its temporary-practice provisions, and NRPC 5.5A (registration of out-of-state lawyers providing transactional or non-litigation services in Nevada), against the backdrop of NRS 7.285, which criminalizes the unauthorized practice of law.

Citations and references

Rules of Professional Conduct:

• Model Rule 5.5 / Nev. RPC 5.5 (unauthorized practice; multijurisdictional practice)
• Nev. RPC 5.5A (registration of out-of-state transactional lawyers)

Statutes:

• NRS 7.285 (unauthorized practice of law)

See also

• NV Ethics Op. 40: out-of-state lawyer representing Social Security claimants in Nevada
• NV Ethics Op. 57: licensing of out-of-state in-house counsel in Nevada
• NV Ethics Op. 21: California lawyer appearing before the Tahoe Regional Planning Agency

Source

• Landing page: https://nvbar.org/for-lawyers/ethics-discipline/ethics-opinions/
• Original PDF: https://nvbar.org/wp-content/uploads/Ethics_Op_43.pdf