End-of-life notice: American Legal Ethics Library
As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.
Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.
We regret any inconvenience.
Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.
Nevada Rules of Professional Conduct
 The Model Rules of Professional Conduct adopted by the House of Delegates of the American Bar Association on August 2, 1983, with certain amendments approved by this Court, are hereby adopted as the rules of professional conduct for lawyers who practice in Nevada. The rules may be referred to as the Nevada Rules of Professional Conduct and are comprised of the rules set out in this section of Nevada Supreme Court Rules entitled “Rules of Professional Conduct.”
 The preamble and comments to the ABA Model Rules of Professional Conduct are not enacted by this Rule but may be consulted for guidance in interpreting and applying the Nevada Rules of Professional Conduct, unless there is a conflict between the Nevada Rules and the preamble or comments.
 All other rules of this Court stating or adopting by reference rules of professional conduct for lawyers who practice in Nevada in effect as of the date of the adoption of this Rule 150 are hereby repealed.
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
 A lawyer shall abide by a client’s decision concerning the objectives of representation, subject to subsections 3, 4 and 5, and shall consult with the client as to the means by which they are to be pursued. A lawyer shall abide by a client’s decision whether to accept an offer of settlement of a matter. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.
 A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.
 When a lawyer knows that a client expects assistance not permitted by the rules of professional conduct or other law, the lawyer shall consult with the client regarding the relevant limitations on the lawyer’s conduct.
A lawyer shall act with reasonable diligence and promptness in representing a client.
 When the lawyer has not regularly represented the client, the basis or rate of the fee shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation.
 A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by subsection 4 or other law. A contingent fee agreement shall be in writing and shall state, in boldface type that is at least as large as the largest type used in the contingent fee agreement:
Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.
(a) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or
 A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in subsections 2 and 3.
 A lawyer shall reveal such information to the extent the lawyer reasonably believes necessary to prevent the client from committing a criminal act that the lawyer believes is likely to result in imminent death or substantial bodily harm.
(a) To prevent or rectify the consequences of a client’s criminal or fraudulent act in the commission of which the lawyer’s services have been used, but the lawyer shall, where practicable, first make reasonable effort to persuade the client to take corrective action; or
(b) To establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer’s representation of the client.
 A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer’s responsibilities to another client or to a third person, or by the lawyer’s own interests, unless:
When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved.
(a) The transaction and terms of which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in the manner which can be reasonably understood by the client;
 A lawyer shall not prepare an instrument giving the lawyer or a person related to the lawyer as parent, child, sibling, or spouse any substantial gift from a client, including a testamentary gift, except where the client is related to the donee.
 Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.
(c) Information relating to representation of a client is protected as required by Rule 156.
 A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless each client consents after consultation, including disclosure of the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement.
 A lawyer shall not make an agreement prospectively limiting the lawyer’s liability to a client for malpractice unless permitted by law and the client is independently represented in making the agreement, or settle a claim for such liability with an unrepresented client or former client without first advising that person in writing that independent representation is appropriate in connection therewith.
 A lawyer related to another lawyer as parent, child, sibling or spouse shall not represent a client in a representation directly adverse to a person who the lawyer knows is represented by the other lawyer except upon consent by the client after consultation regarding the relationship.
A lawyer who has formerly represented a client in a matter shall not thereafter:
 Represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client consents, preferably in writing, after consultation; or
 Use information relating to the representation to the disadvantage of the former client except as Rule 156 would permit with respect to a client or when the information has become generally known.
 When a lawyer becomes associated with a firm, the firm may not knowingly represent a person in the same or a substantially related matter in which that lawyer, or a firm with which the lawyer was associated, had previously represented a client whose interests are materially adverse to that person and about whom the lawyer had acquired information protected by Rules 156 and 159(2) that is material to the matter.
 When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer unless:
 Except as law may otherwise expressly permit, a lawyer shall not represent a private client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency consents after consultation. No lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter unless:
(a) The disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee therefrom; and
 Except as law may otherwise expressly permit, a lawyer having information that the lawyer knows is confidential government information about a person acquired when the lawyer was a public officer or employee, may not represent a private client whose interests are adverse to that person in a matter in which the information could be used to the material disadvantage of that person. A firm with which that lawyer is associated may undertake or continue representation in the matter only if the disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee therefrom.
(a) Participate in a matter in which the lawyer participated personally and substantially while in private practice or nongovernmental employment, unless under applicable law no one is, or by lawful delegation may be, authorized to act in the lawyer’s stead in the matter; or
(b) Negotiate for private employment with any person who is involved as a party or as attorney for a party in a matter in which the lawyer is participating personally and substantially.
(a) Any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties; and
 As used in this Rule, the term “confidential government information” means information which has been obtained under governmental authority and which, at the time this Rule is applied, the government is prohibited by law from disclosing to the public or has a legal privilege not to disclose, and which is not otherwise available to the public.
 Except as stated in subsection 4, a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer, arbitrator or law clerk to such a person, unless all parties to the proceeding consent after disclosure.
 A lawyer shall not negotiate for employment with any person who is involved as a party or as attorney for a party in a matter in which the lawyer is participating personally and substantially as a judge or other adjudicative officer, or arbitrator. A lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for employment with a party or attorney involved in a matter in which the clerk is participating personally and substantially, but only after the lawyer has notified the judge, other adjudicative officer or arbitrator.
 If a lawyer for an organization knows that an officer, employee or other person associated with the organization is engaged in action, intends to act or refuses to act in a matter related to the representation that is a violation of a legal obligation to the organization, or a violation of law which reasonably might be imputed to the organization, and is likely to result in substantial injury to the organization, the lawyer shall proceed as is reasonably necessary in the best interest of the organization. In determining how to proceed, the lawyer shall give due consideration to the seriousness of the violation and its consequences, the scope and nature of the lawyer’s representation, the responsibility in the organization and the apparent motivation of the person involved, the policies of the organization concerning such matters and any other relevant considerations. Any measures taken shall be designed to minimize disruption of the organization and the risk of revealing information relating to the representation to persons outside the organization. Such measures may include among others:
(c) Referring the matter to higher authority in the organization, including, if warranted by the seriousness of the matter, referral to the highest authority that can act in behalf of the organization as determined by applicable law.
 If, despite the lawyer’s efforts in accordance with subsection 2, the highest authority that can act on behalf of the organization insists upon action, or a refusal to act, that is clearly a violation of law and is likely to result in substantial injury to the organization, the lawyer may resign in accordance with Rule 166.
 In dealing with an organization’s directors, officers, employees, members, shareholders or other constituents, a lawyer shall explain the identity of the client when it is apparent that the organization’s interests are adverse to those of the constituents with whom the lawyer is dealing.
 A lawyer representing an organization may also represent any of its directors, officers, employees, members, shareholders or other constituents, subject to the provisions of Rule 157. If the organization’s consent to the dual representation is required by Rule 157, the consent shall be given by an appropriate official of the organization other than the individual who is to be represented, or by the shareholders.
 When a client’s ability to make adequately considered decisions in connection with the representation is impaired, whether because of minority, mental disability or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.
 A lawyer may seek the appointment of a guardian or take other protective action with respect to a client, only when the lawyer reasonably believes that the client cannot adequately act in the client’s own interest.
 A lawyer shall hold property of clients or third persons that is in a lawyer’s possession in connection with a representation separate from the lawyer’s own property. Funds shall be kept in a separate account maintained in the state where the lawyer’s office is situated, or elsewhere with the consent of the client or third person. Other property shall be identified as such and appropriately safeguarded. Complete records of such account funds and other property shall be kept by the lawyer and shall be preserved for a period of seven years after termination of the representation.
 Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property.
 When in the course of representation a lawyer is in possession of property in which both the lawyer and another person claim interests, the property shall be kept separate by the lawyer until there is an accounting and severance of their interests. If a dispute arises concerning their respective interests, the portion in dispute shall be kept separate by the lawyer until the dispute is resolved.
(d) The client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;
 Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee that has not been earned. The lawyer may retain papers relating to the client to the extent permitted by other law.
In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client’s situation.
(a) The lawyer consults with each client concerning the implications of the common representation, including the advantages and risks involved, and the effect on the attorney-client privileges, and obtains each client’s consent to the common representation;
(b) The lawyer reasonably believes that the matter can be resolved on terms compatible with the clients’ best interests, that each client will be able to make adequately informed decisions in the matter and that there is little risk of material prejudice to the interests of any of the clients if the contemplated resolution is unsuccessful; and
 While acting as intermediary, the lawyer shall consult with each client concerning the decisions to be made and the considerations relevant in making them, so that each client can make adequately informed decisions.
 A lawyer shall withdraw as intermediary if any of the clients so requests, or if any of the conditions stated in subsection 1 is no longer satisfied. Upon withdrawal, the lawyer shall not continue to represent any of the clients in the matter that was the subject of the intermediation.
 Except as disclosure is required in connection with a report of an evaluation, information relating to the evaluation is otherwise protected by Rule 156.
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.
 The duty stated in subsection 1 does not preclude a lawyer from granting a reasonable request from opposing counsel for an accommodation, such as an extension of time, or from disagreeing with a client’s wishes on administrative and tactical matters, such as scheduling depositions, the number of depositions to be taken, and the frequency and use of written discovery requests.
 In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer which will enable the tribunal to make an informed decision, whether or not the facts are adverse.
A lawyer shall not:
 Unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;
 In trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or
A lawyer shall not:
When a lawyer knows the identity of a lawyer representing an opposing party, he or she should not take advantage of the lawyer by causing any default or dismissal to be entered without first inquiring about the opposing lawyer’s intention to proceed.
 A member of the state bar should scrupulously abstain from all acts, comments and attitudes calculated to curry favor with any juror, such as fawning, flattery, actual or pretended solicitude for the juror’s comfort or convenience, or the like. Before and during the trial, he or she should avoid conversing or otherwise communicating with a juror on any subject whether pertaining to the case or not.
 A member of the state bar should disclose to the judge and opposing counsel any information of which he or she is aware that a juror or a prospective juror has or may have any interest, direct or indirect, in the outcome of the case, or is acquainted or connected in any manner with any lawyer in the case or any partner or associate or employee of the lawyer, or with any litigant, or with any person who has appeared or is expected to appear as a witness, unless the judge and opposing counsel have previously been made aware thereof by voir dire examination or otherwise.
 Subject to any limitation imposed by law it is a lawyer’s right, after the jury has been discharged, to interview the jurors to determine whether their verdict is subject to any legal challenge. The scope of the interview should be restricted and caution should be used to avoid embarrassment to any juror or to influence his or her action in any subsequent jury service.
(a) Before the jury is sworn to try the cause, a lawyer may investigate the prospective jurors to ascertain any basis for challenge, provided that a lawyer or the lawyer’s employees or independent contractors may not, at any time before the commencement of the trial, conduct or authorize any investigation of the prospective jurors, through any means which are calculated or likely to lead to communication with prospective jurors of any allegations or factual circumstances relating to the case at issue.
(b) Conduct prohibited by this rule includes, but is not limited to, any direct or indirect communication with a prospective juror, a member of the juror’s family, an employer, or any other person which may lead to direct or indirect communication with a prospective juror.
(c) Any violation of this rule which results in a mistrial, retrial or other remedial proceedings shall be ground for the imposition of sanctions by the court against the offending attorney including, but not limited to, the award of a reasonable attorney’s fee and costs incurred by the opposing party.
(d) Any lawyer who is determined by the court or any disciplinary committee of the State Bar of Nevada to have intentionally violated this Rule shall be subject to disciplinary action, which may include disbarment.
 A lawyer shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding; however, a lawyer may make a statement if the lawyer has a good faith belief, based upon the totality of facts and circumstances known to the lawyer at the time, that the content of the statement is admissible at a subsequent hearing or trial or properly arguable from anticipated evidence; and
(b) The statement is one that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of publicity not initiated by the lawyer or the lawyer’s client and is limited to such information as is necessary to mitigate the adverse publicity; or
The prosecutor in a criminal case shall:
 Make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; and
 Exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 177.
A lawyer representing a client before a legislative or administrative tribunal in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 172(1) through (3), 173(1) through (3), and 174.
In the course of representing a client a lawyer shall not knowingly:
In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.
In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding.
In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.
 A partner in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the rules of professional conduct.
(b) The lawyer is a partner in the law firm in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
 A subordinate lawyer does not violate the rules of professional conduct if that lawyer acts in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty.
With respect to a nonlawyer employed or retained by or associated with a lawyer:
 A partner in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person’s conduct is compatible with the professional obligations of the lawyer;
 A lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer; and
(b) The lawyer is a partner in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
(a) An agreement by a lawyer with the lawyer’s firm, partner, or associate may provide for the payment of money, over a reasonable period of time after the lawyer’s death, to the lawyer’s estate or to one or more specified persons;
(b) A lawyer who undertakes to complete unfinished legal business of a deceased lawyer may pay to the estate of the deceased lawyer that proportion of the total compensation which fairly represents the services rendered by the deceased lawyer; and
 A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer’s professional judgment in rendering such legal services.
 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:
(a) 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;
(b) 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
(c) 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;
(d) 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;
(e) 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;
(f) 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
 Interaction with Rule 42. Notwithstanding the provisions of subsection 2 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 Rule 42 unless the lawyer has been authorized to appear under Rule 42 or reasonably expects to be so authorized.
 Conduct and discipline. A lawyer admitted to practice in another jurisdiction of the United States who acts in this jurisdiction pursuant to subsection 2 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 Rule 99.
(a) 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.
(b) 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.
 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 $150.00, 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:
(e) 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 twelve (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.
 Failure to file report. Failure to timely file the report described in subsection 3 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 $500.00.
 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 attorneys 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 rules of the Supreme Court of Nevada shall govern in any investigation or proceeding conducted by the State Bar of Nevada under this rule.
 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.
A lawyer shall not participate in offering or making:
(d) When pro bono service is performed for an individual without a fee or at a substantially reduced fee, the fee shall be agreed to in writing at the inception of the representation and refer to this rule. Legal services written off as bad debts do not qualify as pro bono service.
 Reporting; discharge of professional responsibility. All members shall complete an Annual Pro Bono Reporting Form, indicating services performed under this rule, to be submitted to the state bar annually on a form to be provided by the state bar with the members’ fee statements. The professional responsibility to provide pro bono services as established under this rule is aspirational rather than mandatory in nature. Accordingly, the failure to render pro bono services will not subject a member to discipline.
 Voluntary pro bono plan. The purposes of the voluntary pro bono plan are: (a) to make available legal services to those Nevadans who cannot otherwise afford them; and (b) to expand the present pro bono programs. To accomplish these goals the following committees are hereby created.
(a) District Court Pro Bono Committees. In each judicial district, the Chief Judge of the District Court shall appoint a Pro Bono Committee consisting of representatives of various members of the bench and bar as well as pro bono services and community organizations of that judicial district. The responsibility of these committees is to determine and address the specific unmet legal needs of that jurisdiction by way of a plan to be submitted to the Supreme Court. Pursuant to subsection 4 of this rule, the Pro Bono Committee may establish a foundation. The foundations are authorized to receive funds paid in satisfaction of an order of any court entered in accordance with subsection 5 of this rule and to determine the allocation and use of such funds in a manner consistent with this rule. If no foundation is established, the Pro Bono Committee is authorized to receive such funds and determine their allocation and use in a manner consistent with this rule.
(b) Access to Justice Committee. The Access to Justice Committee shall consist of attorneys and lay representatives of various pro bono programs, community organizations, and local bar associations. The Committee shall be a permanent committee that shall assist in the implementation of this rule as well as facilitate and support local efforts to improve the public’s access to justice. The Board of Governors shall appoint the members of the Committee, select its Chairperson, and oversee the development of the Committee’s charter.
 Foundations. A district court Pro Bono Committee may establish a local foundation to actively promote the provision of civil legal services to disadvantaged persons and households within the district. A foundation established pursuant to this rule shall be created as a Nevada nonprofit corporation and is authorized to:
 Payment of civil sanctions to fund pro bono programs or libraries. Subject to the limitations of this rule, a court may direct that sanctions or fines imposed under NRS 1.210, N.R.A.P. 38, N.R.C.P. 11, J.C.R.C.P. 11, or like authority be paid to a nonprofit entity or law library specified below. The court’s discretion to direct payment of sanctions or fines to a nonprofit entity or law library, however, is limited to civil sanctions imposed against counsel, parties, witnesses or others appearing before the court and expressly excludes sanctions or fines imposed against a defendant in any criminal case. Payment may be directed only to the following:
(a) A nonprofit entity or committee designated pursuant to a voluntary pro bono plan described in subsection 3 above to serve the pro bono and access to justice needs either for the judicial district in which the judicial officer presides or, if serving outside his or her judicial district, where the case is heard; or
(b) A public law library or nonprofit entity associated with a public law library located either in the judicial district in which the judicial officer presides or, if serving outside his or her judicial district, where the case is heard; or
(d) The supreme court may also direct payment to such nonprofit entities or public law libraries located in the judicial district in which the matter before the supreme court originated or to any other public law library in the state.
 Limitation on authority to specify use of funds. A judicial officer who orders payment of a sanction or fine pursuant to subsection 5 must not participate in the specific determination of which entity will receive the sanction or fine or of how that sanction or fine will be used by the nonprofit entity or law library designated to receive the funds. The judicial officer may, however, serve on the board or as an officer of a nonprofit entity created pursuant to this rule, or of a law library or nonprofit entity associated with a law library, provided that he or she does not participate in specific decisions regarding the use of any sanction or fine directed to the nonprofit entity or library by that judicial officer.
A lawyer shall not seek to avoid appointment by a tribunal to represent a person except for good cause, such as:
A lawyer may serve as a director, officer or member of a legal services organization, apart from the law firm in which the lawyer practices, notwithstanding that the organization serves persons having interests adverse to a client of the lawyer. The lawyer shall not knowingly participate in a decision or action of the organization:
 If participating in the decision would be incompatible with the lawyer’s obligations to a client under Rule 157; or
A lawyer may serve as a director, officer or member of an organization involved in reform of the law or its administration notwithstanding that the reform may affect the interests of a client of the lawyer. When the lawyer knows that the interests of a client may be materially benefited by a decision in which the lawyer participates, the lawyer shall disclose that fact but need not identify the client.
A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it:
 Is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the rules of professional conduct or other law;
 Subject to the requirements of Rule 195, a lawyer may advertise services through the public media, such as a telephone directory, legal directory, newspaper or other periodical, billboards and other signs, radio, television and recorded messages the public may access by dialing a telephone number, or through written communication not involving solicitation as prohibited by Rule 197.
These rules shall not apply to any advertisement broadcast or disseminated in another jurisdiction in which the advertising lawyer is admitted if such advertisement complies with the rules governing lawyer advertising in that jurisdiction and the advertisement is not intended primarily for broadcast or dissemination within the State of Nevada.
 Advertisements on the electronic media such as television and radio may contain the same factual information and illustrations as permitted in advertisements in the print media. The information shall be articulated by a voice, with no background sound other than instrumental music. The voice shall not be that of a celebrity whose voice is recognizable to the public. If a person appears as a lawyer in an advertisement for legal services, or under such circumstances as may give the impression that the person is a lawyer, such person must be a member of the State Bar of Nevada, admitted to practice and in good standing before the Supreme Court of Nevada, and must be the lawyer who will actually perform the service advertised or a lawyer associated with the law firm which is advertising. If a person appears in an advertisement as an employee of a lawyer or law firm, such person must be an actual employee of the lawyer or law firm whose services are advertised unless the advertisement discloses that such person is an actor. If an actor appears in any other role not prohibited by these rules, the advertisement must disclose that such person is an actor.
 Except as provided in this section, all advertisements shall contain the following disclaimer: “The State Bar of Nevada does not certify any lawyer as a specialist or expert.” This disclaimer need not appear in advertisements in the public print media that contain no illustrations and no information other than that listed in subsections 12(a)‑(h) of this rule.
 There shall be no dramatizations, testimonials or endorsements in any advertisement in any medium. A lawyer’s advertisement, regardless of medium, must provide only useful, factual information presented in a nonsensational manner. This rule is intended to preclude the use of scenes creating suspense, scenes containing exaggerations or situations calling for legal services, and scenes creating consumer problems through characterization and dialogue ending with the lawyer solving the problem.
 Illustrations used in advertisements shall present information which can be factually substantiated. Provided that the scenes do not unduly appeal to any emotion or passion, permitted illustrations include scenes such as a lawyer working behind a desk, consulting with another attorney, working in the library, climbing courthouse steps, or other similar scenes reflecting activities commonly performed by lawyers.
 Every advertisement and written communication indicating that the charging of a fee is contingent on outcome or that the fee will be a percentage of the recovery shall contain the following disclaimer: “You may have to pay the opposing party’s attorney’s fees and costs in the event of a loss.”
 A lawyer who advertises a specific fee or range of fees for a particular service shall honor the advertised fee or range of fees for at least 90 days unless the advertisement specifies a shorter period; provided that, for advertisements in the yellow pages of telephone directories or other media not published more frequently than annually, the advertised fee or range of fees shall be honored for no less than one year following publication.
 A lawyer shall not make statements describing or characterizing the quality of the lawyer’s services in advertisements and written communications. This provision shall not apply to information furnished to a prospective client at the person’s request or to information supplied to existing clients.
(a) Subject to the requirements of this rule and Rule 199, the name of the lawyer or law firm, a listing of lawyers associated with the firm, office addresses and telephone numbers, office and telephone service hours, and a designation such as “attorney” or “law firm.”
 Nothing in this rule prohibits a lawyer or law firm from permitting the inclusion in law lists and law directories intended primarily for the use of the legal profession of such information as has traditionally been included in these publications.
 A copy or recording of an advertisement or written or recorded communication shall be retained by the lawyer or law firm which advertises for four years after its last dissemination along with a record of when and where it was used.
 A lawyer shall not give anything of value to a person for recommending the lawyer’s services, except that a lawyer may pay the reasonable cost of advertising or written or recorded communication permitted by these rules and may pay the usual charges of a lawyer referral service or other legal service organization.
 Each lawyer or law firm that advertises the availability of legal services shall have available in written form for delivery to any potential client a factual statement detailing the background, training and experience of each lawyer or law firm.
(e) A good faith estimate of the number of appellate cases argued to a court of appeals or a supreme court, in which the lawyer was responsible for writing the brief or orally arguing the case, identifying the court or courts.
 A lawyer or law firm that advertises or promotes services by written communication not involving solicitation as prohibited by Rule 197 shall enclose with each such written communication the information described in sections 1 and 2 of this rule.
(c) If the information furnished to the client includes a fee contract, the top of each page of the contract shall be marked “SAMPLE” in red ink in a type size one size larger than the largest type used in the contract and the words “DO NOT SIGN” shall appear on the client signature line.
 Upon reasonable request by the State Bar of Nevada a lawyer shall promptly provide proof that any statement or claim made in any advertisement or written communication, as well as the information furnished to a prospective client as authorized or required by these rules, is in compliance with section 7 of this rule.
 A statement and any information furnished to a prospective client, as authorized by sections 1, 2 and 3 of this rule, that a lawyer or law firm will represent a client in a particular type of matter, without appropriate qualification, shall be presumed to be misleading if the lawyer reasonably believes that a lawyer or law firm not associated with the originally retained lawyer or law firm will be associated or act as primary counsel in representing the client. In determining whether the statement is misleading in this respect, the history of prior conduct by the lawyer in similar matters may be considered.
 Direct contact with prospective clients. Except as permitted pursuant to section 4 of this rule, a lawyer shall not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship, by mail, in person or otherwise, when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain. The term “solicit” includes contact in person, by telephone, telegraph or facsimile, by letter or other writing, or by other communication directed to a specific recipient.
 Direct or indirect written advertising. Any direct or indirect written mail communication or advertising circular distributed to persons not known to need legal services of the kind provided by the lawyer in a particular matter, but who are so situated that they might in general find such services useful, shall contain the disclaimers required by Supreme Court Rule 196. The disclaimers shall be in a type size and legibility sufficient to cause the disclaimers to be conspicuous, and in a size at least as large as the largest of any telephone number appearing in the ad.
 Additional disclaimer on mailers or written advertisements or communications. Direct or indirect mail envelopes, and written mail communications or advertising circulars shall contain, upon the outside of the envelope and upon the communication side of each page of the communication or advertisement, in legible type that is at least twice as large as the largest type used in the body of the communication, in red ink, the following warning:
NOTICE: THIS IS AN ADVERTISEMENT!
 Target mail to prospective clients. Written communication directed to a specific prospective client who may need legal services due to a particular transaction or occurrence is prohibited in Nevada within 45 days of the transaction or occurrence giving rise to the communication. After 45 days following the transaction or occurrence, any such communication must comply with sections 2 and 3 of this rule and must comply with all other Supreme Court Rules.
A lawyer shall not communicate that the lawyer is a specialist or that he or she does or does not practice in particular fields of law, except in accordance with this Rule.
 In addition to a designation permitted by preceding subsections 1 and 2, a lawyer may communicate that the lawyer’s practice is limited to the following or substantially similar fields of practice, and such others as are not false or misleading.
Administrative Agency Matters
Antitrust and Trade Regulation
Consumer Claims and Protection
Copyright and Trademark Law
Corporate Finance and Securities Law
Corporation and Business Law
Creditor and Debtor Law
Criminal and Traffic Law
Domestic Relations and Family Law
Health Care Law
Immigration and Customs Law
International and Foreign Law
Job Discrimination and Civil Rights
Pension, Profit Sharing and Employee Benefit Plans
Personal Injury and Wrongful Death Claims
Public Utility Matters
Real Estate Law
Water Rights Law
Wills, Estate Planning and Probate Matters
Not more than three designations, including those pursuant to subsections 1 and 2, above, are permitted under this Rule. A law firm may use more than three designations, provided each attorney in the firm from whom a designation is derived is identified together with his or her fields of practice.
(ii) If the lawyer is practicing primarily in the designated fields of practice but also accepts other types of legal matters, the designated fields of practice shall be preceded by the words “Practicing primarily in . . .”.
Neither the State Bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability.
(c) A lawyer shall not place a listing in the classified section of a telephone directory under a classification of “Attorneys,” “Attorneys & Counselors at Law,” or “Lawyers,” unless for each field of practice the lawyer meets the requirements of this Rule for communicating a limitation of practice.
(d) Prior to communication of a limitation of practice permitted by subsection 3 of this Rule, a lawyer shall comply with the following requirements each calendar year and so state in writing to the Board of Continuing Legal Education:
(ii) The lawyer must have completed at least six hours of accredited continuing legal education in each designated field of the practice during the preceding calendar year. The general exemptions and carry-forward provisions of the MCLE Rules do not apply.
(iii) The first report of compliance may be made in 1985. In reporting under subsection (d)(i), a statement of compliance signed by the lawyer is sufficient. In reporting under subsection (d)(ii), the lawyer shall identify the specific courses and hours which apply to each designated field of practice. The report shall be public information.
(f) If a lawyer is unable to complete the hours of accredited continuing legal education during the preceding calendar year as required by this Rule, the lawyer may apply to the Board of Continuing Legal Education for an extension of time in which to complete the hours. For good cause the board may extend the time not more than six months.
(g) A lawyer who communicates a field of practice pursuant to this Rule shall keep time records to demonstrate compliance with preceding subsection (d). Such records shall be available to the State Bar Association and the Board of Continuing Legal Education on request.
 Temporary exemption from completion of the specific continuing legal education requirements imposed by this Rule may be sought and granted for exceptional, extreme, and undue hardship unique to the member by the Board of Governors or its designee.
This rule does not apply to listings placed by a lawyer or law firm in reputable law lists and legal directories that are primarily addressed to lawyers.
 A lawyer shall not use a firm name, letterhead, or other professional designation that violates Rule 195. The firm name shall contain the names of one or more living, retired, or deceased members of the law firm. No trade names shall be used other than those utilized by non-profit legal services organizations; however, phrases such as ‘‘the law offices of’’ or ‘‘and associates’’ shall be permissible.
 A law firm with offices in more than one jurisdiction which has registered with the State Bar of Nevada under Rule 199.1 may use the same name in each jurisdiction. Identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations of those not licensed to practice in the jurisdiction where the office is located.
 The name of a lawyer holding public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm. This provision does not apply to a lawyer who takes a brief hiatus from practice to serve as an elected member of the Nevada State Legislature when the legislature is in session.
 Applicability of rule. All law firms having an office in Nevada and in one or more other jurisdictions shall register with the State Bar of Nevada and shall pay an annual fee of $500.00 for such registration.
 Procedure and requirements for registering. An application for registration to practice under this rule, along with the appropriate fee, shall be filed with the executive director of the State Bar of Nevada, on a form supplied or approved by the State Bar of Nevada, at its Las Vegas, Nevada, office. The application shall include the following:
(a) The names and addresses of all attorneys employed by the firm, the jurisdictions in which each attorney is licensed, and verification that each attorney is in good standing in the jurisdictions in which each attorney is licensed;
(d) The name, address, and telephone number of a member of the firm who shall be resident in the firm’s Nevada office and who shall be the designated agent for service of process in this state. The resident member of the firm in the Nevada office must be an active member in good standing of the State Bar of Nevada; and
(1) The firm will maintain a permanent office in Nevada with a resident member of the firm who is also an active member in good standing of the State Bar of Nevada at all times the firm is practicing in Nevada and will notify the state bar of any change of status or address within thirty (30) days of the change in status or address;
(2) The firm agrees to disclose in writing to its Nevada clients whether all of its attorneys are licensed to practice in Nevada and, if any of its attorneys are not so-licensed, to disclose what legal work will be performed by attorneys not admitted to practice in this state. Upon request of the State Bar of Nevada, the firm shall provide documentation evidencing its compliance with these disclosure requirements;
(3) The firm agrees to maintain trust accounts in accordance with Rule 78.5, with all funds arising from any matter in Nevada maintained solely in those accounts. The firm shall identify the financial institution where the trust account has been established; and
 Disposition of application for registration. The executive director of the state bar shall have thirty (30) days from receipt of the application to review the application and determine whether it has been completed and filed in compliance with the requirements of this rule. Upon approval of the application, the executive director shall notify the applicant and shall also give notice of the registration to the supreme court clerk and the district court clerk for the county in which the law firm’s Nevada office is located. If the application is incomplete, the executive director shall give the applicant written notification of the deficiencies in the application. The applicant shall have thirty (30) days from the date of mailing of the notice of the deficiencies to cure the deficiencies and complete the application. If the application is not completed within the allotted time, the executive director shall reject the application.
 Application or certificate containing false information. An attorney who causes to be filed an application or certificate containing false information shall be subject to the disciplinary jurisdiction of the State Bar of Nevada with respect to such action and the firm shall be disqualified from registering to practice in Nevada.
 Violation of conditions. If the State Bar of Nevada determines that the firm is in violation of the conditions set forth in subsection 3(e) of this rule, the executive director of the state bar may, upon twenty (20) days’ notice, revoke the registration and the right of the firm to practice in Nevada. The executive director shall notify the supreme court clerk and the district court clerk for the county in which the law firm’s Nevada office is located of the suspension.
 Renewal of registration. On or before the anniversary date of the filing of the application with the State Bar of Nevada, a firm registered under this rule must renew its registration, providing current information and certification as required under subsection 3 of this rule. The renewal shall be accompanied by payment of an annual fee of $500.00.
 Failure to renew. A law firm registered under this rule that continues to practice law in Nevada but fails to provide the proper information and certification or pay the renewal fees set forth in subsection 6 of this rule shall be suspended from practicing law in Nevada upon expiration of a period of thirty (30) days after the anniversary date. The executive director of the state bar shall notify the firm, the supreme court clerk and the district court clerk for the county in which the law firm’s Nevada office is located of the suspension.
 Reinstatement. The firm may be reinstated upon the compliance with the requirements of subsection 6 of this rule and the payment of a late penalty of $100.00. Upon payment of all accrued fees and the late penalty, the executive director of the state bar may reinstate the firm and shall notify the firm, the supreme court clerk and the district court clerk for the county in which the law firm’s Nevada office is located of the reinstatement.
 Responsibilities of Nevada-licensed members. The members of the firm who are admitted to practice in Nevada shall be responsible for and actively participate as a principal or lead attorney in all work performed for Nevada clients and for compliance with all state and local rules of practice. It is the responsibility of the Nevada-licensed members of the firm to ensure that any proceedings in this jurisdiction are tried and managed in accordance with all applicable procedural and ethical rules and that out-of-state members of the firm comply with Rule 42 before appearing in any proceedings that are subject to that rule.
 Confidentiality. The State Bar of Nevada shall not disclose the application for registration to any third parties unless necessary for disciplinary investigation or criminal prosecution for the unauthorized practice of law.
An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not:
 Fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this rule does not require disclosure of information otherwise protected by Rule 156.
 A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.
 A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
 A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.
It is professional misconduct for a lawyer to:
A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction although engaged in practice elsewhere.