Rule 72.1 enables attorneys working for a legal service organization to practice in the state on a limited basis. Also check out for information regarding Government and Military Attorneys practicing in Arizona.
Legal Service Organization:
Attorneys that have been admitted to practice law in another jurisdiction and are employed by a legal service organization that is approved by the state of Nevada can be admitted to practice in Nevada. The attorney must be supervised by a Nevada barred attorney. An approved legal service organization is any organization that is non-profit that attempts to help indigent citizens in civil matters without any financial compensation. Such organizations must file a petition to the court that includes
- Organizations structure
- Funds used to support the organization
- How indigent citizens are chosen for representation
- Types of services that the organization will be engaged in
- Names and bar numbers of all the Nevada Barred attorneys
- Malpractice insurance
Attorneys can also not receive any compensation for their services. The legal service organization can at their discretion pay the attorney a salary. These attorneys must also abide by all the rules of Nevada barred attorneys and keep up to date with CLE requirements, bar dues, and other membership fees, as well as adhere to the Nevada rules of professional responsibility.
Applications by the attorneys
Attorneys must file an application to work for a legal organization with the clerk of the Supreme Court of Nevada. They must include with the application
- Proof of a being barred in another state
- Proof they have not been disciplined nor are facing discipline within the past 5 years or the foreseeable future
- Proof of being up to date with CLE requirements
- An affidavit from their employer that they have obtained the position
- An affidavit signed by the attorney that they have read the Arizona rules on professional conduct, and understands they must report any disciplinary actions against them to the Arizona courts.
Applicants will have their authorization terminate by the court if they no longer work for the legal services organization and must submit a notification to the Clerk of the Nevada Supreme Court and the bar within 10-14 days.
Pro Bono
Attorneys attempting to engage in pro bono services for clients must meet the same guidelines as those that are attempting to be involved with legal service organizations. Attorneys wishing to engage in pro bono services must be admitted to at least one other jurisdiction, must be in good standing of any of the bars in which they are considered members, and must not have had any disciplinary action against them for the previous 10 years of practice. Nevada pro bono attorneys also do not receive any compensation for their services from either the client, the legal service organization itself, or based on any contingency fees. The Nevada pro bono attorney however can seek legal fees from the opposing party if the clients consent has been given. Of course, the legal service organization can reimburse the Nevada pro bono attorney for any expenses the Nevada pro bono attorney happens to incur. Nevada pro bono attorneys must also adhere to the Nevada rules of professional conduct.
Nevada Pro Bono Application and Certification
Attorneys must file a pro bono application with the Clerk of the Nevada Supreme Court. The application must include the following:
- Proof of a being barred in another state
- Proof they have not been disciplined nor are facing discipline within the past 5 years or the foreseeable future
- An affidavit from their employer that they have obtained the position
- An affidavit signed by the attorney that they have read the Nevada rules on professional conduct, and understands they must report any disciplinary actions against them to the Nevada courts.
Like attorneys specifically working for legal services organizations, attorneys that have been admitted to practice in Nevada solely for pro bono reasons will have their ability to do so terminated if they no longer work or are in association with the pro bono service. Notification that the relationship has been terminated must be sent to the Nevada Court clerk immediately.
Actual Practice
Nevada pro bono attorneys can only practice through a Nevada approved legal services organization as described above and any training required by the legal services organization must be completed by the attorney before they may practice.