Senate Bill No. 203-Committee on Judiciary
March 10, 1997
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Referred to Committee on Judiciary
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
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Section 1 Chapter 7 of NRS is hereby amended by
adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, for the
purposes of this chapter, "practice of law" includes,
without limitation:
(a) Furnishing advice or counsel, in any form or manner, to
another person concerning the interpretation of any law or
regarding any legal right, duty, obligation or remedy available
by law;
(b) Appearing before a court, magistrate, arbitrator or other
tribunal in this state on behalf of another person; and
(c) Drafting a legal document for another person, whether or not
it is for compensation, including, without limitation, drafting:
(1) A pleading or other document to be filed with a court or
governmental agency of this state;
(2) A deed, mortgage, assignment, discharge, lease, lien or any
other document that affects or concerns the title to or interest
in real property, or a legal opinion regarding the effect or
sufficiency of such a document;
(3) A power of attorney, trust agreement, will, plan for the
management or distribution of an estate, or any other document
which affects the disposition of real or personal property or any
interest therein;
(4) A document which affects a right or duty relating to the care
or custody of a dependent person, including, without limitation,
a person less than 18 years of age or a person who has been
declared incompetent;
(5) The articles of incorporation, articles of organization,
bylaws or any other document relating to the formation,
registration, certification, organization, operation,
dissolution, or termination of a corporation, partnership,
limited-liability company or any other business, including,
without limitation, a nonprofit business; or
(6) Any other document which affects or concerns the legal right
or obligation of another person.
2. The practice of law does not include:
(a) The conduct set forth in subsection 1 if it is performed by a
person who is under the direct supervision of an attorney who is
an active member of the State Bar of Nevada. For the purposes of
this paragraph, the conduct of a person is performed under the
direct supervision of an attorney who is an active member of the
State Bar of Nevada only if the supervising attorney:
(1) Is present when any oral advice or counsel set forth in
paragraph (a) of subsection 1 is furnished by the person under
his supervision and accepts full responsibility for any such
advice or counsel;
(2) Is present during any appearance set forth in paragraph (b)
of subsection 1 by the person under his supervision and accepts
full responsibility for the conduct of the person during any such
appearance; and
(3) Signs any legal document set forth in paragraph (c) of
subsection 1 that is drafted by the person under his supervision
and accepts full responsibility for the content of any such
document.
(b) The conduct set forth in subsection 1 if it is performed by a
person who is:
(1) Authorized to engage in the conduct pursuant to federal or
state law, the rules of the State Bar of Nevada or the rules of
the supreme court of Nevada; or
(2) Limited to selling a standardized legal form or document
which has not been modified and upon which no advice is given
with respect to the completion of that form or document.
(c) Preparing any document set forth in subsection 1 if the
person is preparing the document for his own use or for the use
of another person who is a party to a transaction in which the
person preparing the document is also a party.
Sec. 2 NRS 7.285 is hereby amended to read as follows:
7.285 1. [No] A person shall not engage
in the practice of law in this state , or represent
himself to the public as qualified to engage in the practice of
law, unless he is an active member of the State Bar of Nevada
pursuant to the rules of the supreme court.
2. A person shall be deemed to represent himself to the public
as qualified to engage in the practice of law if he uses any
name, title or description that implies that he is qualified or
licensed to engage in the practice of law.
3. [Any] A person who, not being an
active member of the State Bar of Nevada, or who, after he has
been disbarred or while suspended from membership in the State
Bar of Nevada, as provided in the rules of the supreme court, [shall]
engages in the practice of law or represents
himself to the public as authorized to engage in the practice of
law, is guilty of a gross misdemeanor. A person who
is found guilty of violating this section who charged a fee for
his services when unlawfully engaging in the practice of law, in
addition to any other penalty imposed, shall pay:
(a) A civil penalty of not more than $1,000. The money so
collected:
(1) Must not be deducted from any penal fine imposed by the
court; and
(2) Must be stated separately on the court's docket.
(b) Restitution to the person who was charged the fee.
4. The court administrator appointed pursuant to NRS 1.330 shall
collect any civil penalties imposed pursuant to subsection 3 and
distribute any amount so collected quarterly to the State Bar of
Nevada on July 1, October 1, January 1 and April 1. The State Bar
of Nevada shall use the money only to enforce the provisions of
this section.
5. The person who was wronged or the State Bar of Nevada may
commence an action pursuant to this section in any district court
in this state. A court may order a person who is found guilty of
violating this section to pay reasonable attorney's fees incurred
because of his conduct to the prevailing party.
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