State Bar of Nevada Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the State Bar of Nevada, with full citations and source links on every page.
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Does a Nevada-licensed attorney who serves as a company's CEO, not its lawyer, violate Rule 4.2 by contacting a represented opposing party?
No, on these facts. The Committee concludes that a Nevada-licensed attorney who serves only as an organization's CEO, and does not represent it or any client in the matter, is not 'representing a clie…
Can a Nevada lawyer require a client or prospective client to sign a non-disclosure agreement before giving legal advice?
No. The Committee concludes a Nevada lawyer may not require a current or prospective client to sign an NDA as a condition for receiving legal advice, because the confidentiality duty exists for the cl…
Does a nonresident Nevada-licensed attorney who uses a coworking space in Nevada 'maintain an office' under SCR 42.1, and must that address be filed as advertising?
Yes to the office; no to the advertising filing. The Committee concludes that a nonresident Nevada attorney's use of a Nevada coworking office space counts as maintaining an office under SCR 42.1, sub…
Does Nevada allow a lawyer to obtain a client's advance waiver of future conflicts of interest, and what must the waiver contain?
Conditionally yes. The Committee concludes that prospective (advance) conflict waivers are permitted under Nevada RPC 1.7 if they meet every requirement for waiving a present conflict, including that …
Can an out-of-state lawyer who is not licensed in Nevada act as in-house counsel for a multijurisdictional company doing business in Nevada?
Yes, within limits. The Committee concludes that an out-of-state, non-Nevada-licensed lawyer who is in-house counsel to a multijurisdictional corporation may fall within the Rule 5.5(b)(3) exception i…
Can a company make in-house counsel sign a non-compete or a broad confidentiality clause that limits practicing law after leaving?
No. The Committee concludes that an employment or stock-award covenant not to compete that restricts in-house counsel's right to practice law after termination violates Rule 5.6, and that a confidenti…
Can a criminal defense lawyer accused of ineffective assistance disclose confidential client information to the prosecution to defend the claim?
Yes, with limits. The Committee concludes that a criminal defense lawyer facing a former client's ineffective-assistance claim may disclose confidential information under the self-defense exception of…
Can a lawyer in litigation against a government agency make public records requests to that agency without violating the no-contact rule?
Yes. The Committee concludes that making a public records request to a government agency the lawyer is suing does not violate Rule 4.2, because the request is 'authorized by law' under Nevada's Public…
Can a personal injury lawyer own a business that buys and sells the medical liens of other lawyers' injury clients?
No. The Committee concludes it is unethical for a lawyer who handles personal injury cases to be in the business of buying and selling other attorneys' clients' medical liens, because the lawyer's per…
Is a Nevada lawyer who is hired to provide lobbying services, rather than legal services, still bound by the Rules of Professional Conduct?
The Committee concluded that a Nevada lawyer hired to act as a lobbyist is likely subject to the Nevada Rules of Professional Conduct, because legislative lobbying is sufficiently law-related, even th…
Can a lawyer accept an anonymous lump-sum cash payment that is meant to cover legal fees for the lawyer's clients and a co-defendant represented by a different lawyer?
The Committee concluded that accepting an anonymous lump-sum cash payment intended to cover fees for both the lawyer's clients and a co-defendant represented by another lawyer raises conflict and conf…
Can a certified law student appear in court for a client without the supervising lawyer physically present, if the client, the lawyer, and the judge all agree?
The Committee concluded that no. Under SCR 49.5, a supervising lawyer who is not part of the William S. Boyd School of Law clinical program cannot be excused from being physically present while a cert…
Can a lawyer who is also a licensed clinical social worker practice law through the same LLC she set up for her social work practice?
The Committee concluded that yes, an attorney may practice law and operate as a licensed clinical social worker under the same LLC, provided she does not represent the same clients in both capacities …
Can a criminal plea agreement require the defendant to waive all ineffective-assistance-of-counsel claims except those affecting the plea itself?
The Committee concluded that no, a plea agreement may not waive ineffective-assistance-of-counsel claims beyond the plea itself; any waiver must exclude all such claims. Defense counsel has a personal…
May a lawyer who serves on a company's board of directors prepare an estate plan for a client who wants to name that same company as a beneficiary?
The Committee concluded that no, a lawyer-director should not prepare an estate plan naming that company as a beneficiary, because the lawyer's fiduciary duties to the company and inside financial kno…
Is it an ethics violation for a lawyer to fail to pay a process server, filing service, or other vendor for costs incurred on a client's behalf?
The Committee concluded that a lawyer's failure to pay a third-party vendor for client costs is generally a contract matter for the courts, not an ethics violation. It becomes professional misconduct …
Can a lawyer own and operate a nonlegal ancillary business, such as a medical-management company, and refer the lawyer's own clients to it?
The Committee concluded that a lawyer may own and operate a nonlegal ancillary business so long as the lawyer's conduct conforms to the ethics rules and the business is not a vehicle for improper soli…
Can a lawyer disburse settlement proceeds from the trust account before the settlement check clears, if the lawyer is willing to cover a bounced check?
The Committee concluded that no, a lawyer may not disburse settlement proceeds (to anyone, including the client) until the check or draft has cleared the banking process and been physically deposited …
Can a lawyer licensed in another state associate with a Nevada law firm to handle transactional matters for Nevada clients?
The Committee concluded that an out-of-state lawyer admitted and in good standing elsewhere may associate with a Nevada lawyer to provide transactional services to Nevada clients, so long as the Nevad…
Can a lawyer collect a client's auto med-pay insurance proceeds, hold them in trust, and negotiate down the medical provider's bill before paying it?
The Committee concluded that yes, the Nevada rules do not prohibit a lawyer from obtaining a client's medical-payment coverage monies under an auto policy, holding them in trust until the end of the c…
What kinds of client information does Rule 1.6 stop a lawyer from disclosing?
The Committee concluded that Rule 1.6(a) protects ALL information relating to the representation of a client, not just secrets, confidences, or privileged communications. The duty applies whatever the…
Can a lawyer draft pleadings or otherwise substantially help a litigant who appears 'pro se' without telling the court the lawyer is involved?
The Committee concluded that 'ghost-lawyering', giving substantial legal assistance to a party who appears pro se while knowing the help will not be disclosed, is unethical unless the ghost-lawyer's a…
When a lawyer switches firms in Nevada, when is the new firm conflicted out, and can screening cure it?
The Committee concluded that a lawyer who moves firms is personally disqualified under Rule 1.9 from a matter adverse to a former client he represented or about which he gained confidential informatio…
Can a lawyer licensed in another state represent Social Security claimants in Nevada without being admitted there?
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 th…
Can a lawyer who sits on a company's board of directors prepare an estate plan for a client who wants to name that same company as a beneficiary?
The Committee concluded that no, a lawyer who is a director of a company should not prepare an estate plan naming that company as a beneficiary, because the lawyer's fiduciary duties to the company (l…
Can a lawyer take a security interest in a client's real property to secure payment of the lawyer's fees?
The Committee concluded that yes, but only if the lawyer satisfies the business-transaction safeguards of SCR 158(1) (now NRPC 1.8(a)): the transaction must be fair and reasonable, fully disclosed in …
Can a lawyer advertise that they are a certified specialist in a field of law in Nevada?
The Committee concluded that a lawyer certified as a specialist may list the certification on advertisements, letterhead, and business cards if the certifying organization is approved by the State Bar…
Can a lawyer take out a loan from a bank to pay a client's litigation costs and have the client reimburse the loan and its interest?
The Committee concluded that yes, a lawyer may borrow from a third-party lender to fund a client's litigation costs if it is a recourse loan the lawyer is obligated to repay regardless of the case out…
Can a retainer or fee agreement give the lawyer full authority to settle the client's case without the client's approval?
The Committee concluded that no, a provision in a fee or retainer agreement delegating full and absolute settlement authority to the attorney violates NRPC 1.2(a). The decision whether to settle belon…
Can a lawyer store confidential client files electronically on a third party's server, outside the lawyer's exclusive control, without violating confidentiality?
The Committee concluded that the duty under SCR 156 (now NRPC 1.6) is not absolute and that a lawyer may store confidential client information electronically with an outside agency, just as with paper…
Can a lawyer for the opposing party interview a represented corporation's lower-level employees without going through the company's counsel?
The Committee concluded that yes, within limits. Following the Nevada Supreme Court's decision in Palmer v. Pioneer Inn Associates, the no-contact rule (SCR 182, now NRPC 4.2) bars ex parte contact wi…
Does a would-be client create an attorney-client relationship, or a duty of confidentiality, just by sending a lawyer unsolicited information, including through the lawyer's website?
The Committee concluded that a prospective client's unilateral act, such as sending an unsolicited letter, generally does not by itself create an attorney-client relationship, though one can arise by …
When a third party (such as a medical-lien holder) claims part of a client's settlement, what must the lawyer holding the funds do, especially if the client says don't pay?
The Committee concluded that under SCR 165 (now NRPC 1.15) a lawyer owes duties to a third party only when that party 'has' an actual interest in the specific funds (an assignment, statutory or contra…
If a lawyer learns a child has been abused, does the duty of confidentiality or Nevada's mandatory child-abuse reporting statute control?
The Committee concluded, under the rules then in force, that SCR 156 (the predecessor to NRPC 1.6) required the lawyer and the lawyer's legal assistants and law-student attorneys to keep child-abuse i…
Can a lawyer refer a personal injury client to a company that advances money repaid out of the settlement?
The Committee concluded that it is ethically proper for an attorney to refer a personal injury client to an independent company that advances money repaid from the settlement, so long as the attorney …
Who owns the insurance defense file, the insured or the insurer, and how long must a lawyer keep it?
The Committee concluded that because the policyholder is the client, the policyholder has the greatest claim to the file and is entitled to the original on request (with copying costs generally borne …
Can an insurer demand information from defense counsel that it could use to deny the insured's coverage?
The Committee concluded that it is improper for a law firm retained by an insurer to defend a policyholder to give the insurer case information the insurer could use to deny the policyholder's coverag…
Can a lawyer disclose that a former or prospective client used the lawyer's advice to commit a fraud on a court?
The Committee concluded that where a former or prospective client used the attorney's advice to perpetrate a fraud on a court, the attorney may, at the attorney's discretion, disclose the information …
Can a criminal defense lawyer urge a victim or witness to avoid a subpoena or not testify?
The Committee concluded that a defense attorney who discourages a domestic battery victim from testifying, urges the victim not to cooperate with the prosecutor, or tries to influence the victim's tes…
Can an employer's lawyer send a workers'-comp light-duty job offer directly to a represented employee?
The Committee concluded that an employer's counsel who mails the statutorily required light-duty employment offer directly to an injured employee known to be represented, without sending a copy to the…
Can a California-licensed lawyer represent Nevada clients before the bi-state Tahoe Regional Planning Agency?
The Committee concluded that because the Tahoe Regional Planning Agency is a bi-state agency created by an interstate compact and is not subject to either state's attorney-licensing rules, a Californi…
Can a lawyer who lives in Nevada but is licensed only in other states use letterhead with a Nevada address?
The Committee concluded that an attorney who lives in Nevada but is licensed only in other states may not use letterhead showing a Nevada address and his out-of-state admissions unless it is modified …
What fee is a discharged contingent-fee lawyer entitled to in Nevada, and can the lawyer keep the client's file?
The Committee concluded that a contingent-fee attorney discharged without cause is entitled to a reasonable fee in quantum meruit determined at the conclusion of the case under the SCR 155 factors, an…
Can a nonresident Nevada-licensed lawyer use space in a client's business as a Nevada office instead of associating local counsel?
The Committee concluded that none of the proposed arrangements, where a nonresident Nevada-admitted attorney uses space inside a client's Nevada business staffed by the client's own employees, satisfi…
Can a Nevada lawyer advertise more than three areas of practice?
The Committee concluded that SCR 198 prohibits advertising more than three designated fields of practice, and that listing more areas violates the rule unless the listing does not imply special traini…
Can a lawyer take a contingent fee to attack a divorce property settlement in a separate action after the divorce?
The Committee concluded that even after a divorce decree has been entered, a lawyer may not take a contingent fee to represent a spouse in a later independent action seeking to rescind or alter a rela…
Can a lawyer list on letterhead other states where the lawyer is admitted but on inactive status?
The Committee concluded that a lawyer may list on letterhead the states where the lawyer is admitted but currently inactive only if the listing is qualified to indicate the inactive status, such as an…
Can a Nevada lawyer charge a non-refundable retainer in a divorce or criminal case?
The Committee concluded that non-refundable retainer agreements are not specifically prohibited by SCR 155, but any such agreement is unethical if the fee would be unreasonable under all the circumsta…
Can a lawyer mail companies a form letter offering services in a specific practice area like import-export law?
The Committee concluded that a lawyer may send international-business companies a form letter offering import-export and customs-law services, provided the lawyer has no information that any recipient…
Can a Nevada lawyer's letterhead show that the Nevada firm is affiliated with an out-of-state law firm?
The Committee concluded that a Nevada firm whose name complies with SCR 199 (the firm name is that of a Nevada bar member in good standing and a bona fide member of the firm) may show its affiliation …
Can a lawyer hold embezzled money a client deposited in trust, and must the lawyer turn it over to authorities?
The Committee concluded that a lawyer cannot use the attorney-client privilege to keep the fruits of a client's crime; the funds must be surrendered to an appropriate law enforcement official with ide…
Must an insurance defense lawyer tell the insurer that the insured client committed fraud in obtaining the policy?
The Committee concluded that the insured client's communication about potential insurance fraud is confidential under SCR 156 and may not be revealed to the insurer without the client's consent, and t…
Can a lawyer send direct-mail letters soliciting people facing foreclosure or tax liens?
The Committee concluded that mailing targeted solicitation letters to specific people known to need legal services because of a pending foreclosure, an existing tax lien, or prior litigation, where th…
Can a lawyer run a side business placing temporary secretaries and clerks in other law offices?
Only with safeguards. The Committee concluded a lawyer may operate a temporary legal-staffing business if he does not place temps in offices where he has adverse matters pending, ensures the employees…
Can a lawyer take an ongoing referral fee from an investment advisor for steering a client's funds there?
The Committee concluded that the conflict in a lawyer taking an ongoing fee from an investment advisor who manages a client's funds is not waivable, because the lawyer cannot keep acting as the client…
Can a lawyer cut his fee in half if the client donates the savings to the lawyer's church?
No. The Committee concluded that offering to waive half a fee on the condition the client donates the savings to a church is impermissible fee-splitting with a nonlawyer under SCR 188, even though the…
Can a lawyer charge a reduced hourly rate plus a contingent bonus, and split the bonus with out-of-state counsel?
The Committee concluded a combined fixed/contingent fee (a reduced hourly rate plus a success bonus and a share of punitive damages) does not violate the rules so long as the total fee is not unreason…
Can a legal services nonprofit keep clients' unclaimed trust-account funds under its retainer agreement?
No. The Committee concluded a nonprofit legal services corporation cannot contract to take clients' unclaimed trust funds after three years, because that is not a reasonable fee and gives the lawyer a…
Can a lawyer who is personally a party to a dispute contact the other side directly when they have a lawyer?
No. The Committee concluded a lawyer personally involved in a dispute should not communicate directly with adversaries represented by counsel in that matter without the other lawyer's consent, especia…
Can a lawyer send a demand letter threatening to sue someone who owes a client money?
Yes, with qualifications. The Committee concluded a lawyer may demand payment and threaten suit if the lawyer reasonably believes the claim and the intent to sue are legitimate, but may not threaten c…
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Legal ethics opinions from the State Bar of Nevada interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.