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Office of Bar
Counsel
File a Complaint |
Attorney Discipline |
Ethics Opinions
Rules |
Unauthorized
Practice of Law
The Office of Bar Counsel
protects the public by educating and assisting lawyers to
practice ethically and competently. Through its Boards, the
office will discipline those lawyers who are found to have
violated the Rules of Professional Conduct. All investigations
of possible attorney misconduct are conducted through the
Office of Bar Counsel. In matters that warrant disciplinary
action, bar counsel then prosecutes all disciplinary
proceedings. The Office of Bar Counsel does not give
legal advice, does not address damage or malpractice
claims against attorneys and cannot alter or affect in
any way the outcome of private legal matters in court. If you
need additional advice on your case, you should seek the
assistance of
your own attorney.
The Office of Bar Counsel
consists of Bar Counsel, Deputy Bar Counsel, two Assistant Bar
Counsel, as well as paralegal/investigators and discipline
assistants.
What is attorney discipline?
All attorneys licensed to practice law in Nevada
are sworn to uphold the ethical standards of conduct adopted by the Supreme
Court of Nevada. These standards are listed in the Nevada Rules of Professional
Conduct 1.1 through 8.5 and are enforced by the State Bar of Nevada. Any
attorney who violates these ethical standards is subject to discipline. To Top
Forms of discipline
Discipline of lawyers in Nevada
may take one of four forms depending on the particular
circumstances and the severity of the offense. These four
disciplinary sanctions are as follows:
1. a
letter of reprimand which is kept on permanent file with the
State Bar. This may be accompanied by a fine or restitution up
to $1,000;
2. a
public reprimand which is published in the local newspapers
and official State Bar publications;
3. suspension of the lawyer's
license to practice law; or
4. disbarment.
Note:
Effective March 1, 2007, disbarment is irrevocable.
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Who should file a complaint?
A formal complaint against a lawyer is a serious
matter. If you believe a lawyer has committed an unprofessional or unethical
act, file a complaint. However, if your grievance is the result of some
misunderstanding or breakdown in communication with your lawyer, first sit down
and talk openly and honestly with the lawyer. Tell your lawyer that you are
unhappy or confused and ask for a full explanation in terms that you can
understand. Such a meeting may clear up the problem.
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How do I file
a complaint? click
here
You may file a complaint by
writing a letter which clearly states the facts involved in
your grievance. Send your letter and copies of any supporting
documents to the State Bar of Nevada Office of Bar Counsel at
the closest office to you. No special language or form is
necessary. However, for your convenience an
online complaint (Note
1/27/10: The online complaint form is temporarily unavailable) has been prepared to
assist you in filing a complaint.
The complaint may be sent via U.S. Mail or fax to the closest State
Bar. The addresses and fax numbers are located at the bottom
of this page. You may also e-mail your complaint to
complaint@nvbar.org.
While an initial e-mail or
online complaint (Note
1/27/10: The online complaint form is temporarily unavailable)
will be accepted, all correspondence
from the State Bar will be in writing via U.S. Mail. If you
send attachments, you should confirm that they were received.
Please note that you may be required to resubmit any online
attachments in hard copy by U.S. Mail.
The Office of Bar Counsel
usually completes the initial review of all complaints within
ten business days of receipt. We will let you know if we
require additional information. Unfortunately, we are unable
to meet with you in person about your complaint. Should you
have any questions about the status of your complaint, please
call your closest State Bar office.
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What happens
next?
Your complaint will be reviewed
by the Office of Bar Counsel staff to determine whether or not
the conduct complained of raises an ethical issue under the
Rules of Professional Conduct. If your complaint does involve
an ethical issue, then Bar Counsel asks the lawyer involved
for a written response to your complaint and an investigation
is conducted. The matter is then presented to an impartial
Screening Panel who decides whether the case should be heard
by a hearing panel of the Disciplinary Board. If your
complaint has no factual basis, or even if true would not
constitute misconduct, your complaint will be dismissed and
you will be notified of that dismissal.
You should recognize, however,
that the Office of Bar Counsel and the Disciplinary Board
cannot and does not give legal advice, does not
have jurisdiction over damage or malpractice claims against
attorneys and cannot alter or affect in any way the
outcome of private legal matters in court. If you need
additional advice on your case, you must obtain the assistance
of your own attorney.
You can also view a
flowchart showing
the discipline process.
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What is a Disciplinary Board?
Disciplinary Boards are the pool of lawyers and
non-lawyers who are appointed to individual hearing panels to hear the case
against an attorney. There are two Disciplinary Boards, one each in northern and
southern Nevada. Supreme Court Rules require that at least one non-lawyer be
appointed to each hearing panel.
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What are the
procedures for hearing a complaint?
When a complaint is referred to a hearing panel,
the Chair of the Disciplinary Board will appoint either three or five members to
hear a particular complaint. Bar Counsel serves as the prosecutor. Hearings
can be either informal or formal depending on the severity of the alleged
misconduct.
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Is the discipline process public or
confidential?
Proceedings before a Screening Panel are
confidential. For matters filed after March 1, 2007 (when the Supreme Court
changed the rule), matters become public when a formal complaint is filed or the
matter is concluded.
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What can you
expect from the State Bar?
You can expect us to treat your
complaint with fairness and dispatch. We are genuinely
concerned about your complaint and we will handle it as
quickly as possible. The Office of Bar Counsel will keep you
informed at each stage of your case. If your complaint is
referred to a hearing panel you may be contacted by the
investigator assigned to your case. You may be called as a
witness before a hearing panel. At the conclusion of the case,
we will notify you of the final outcome with an explanation of
the result.
In certain limited cases, a
panel may order restitution, requiring the attorney to repay
fees or other monies given to the attorney. The possibility
of restitution depends on the specific facts of each case.
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Top
What if you
have a complaint about a judge?
The State Bar does not have jurisdiction over the
conduct of judges in Nevada. If you have a complaint about a judge, you may
contact the Commission on Judicial Discipline, P.O. Box 48, Carson City, NV
89702. Telephone: 775-687-4017.
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Where should you write
or call to contact the State Bar's Office of Bar Counsel?
Please write or call the Office
of Bar Counsel nearest to where the attorney practices.
In Southern
Nevada:
State Bar of Nevada
Attn: Office of Bar Counsel
600 E Charleston Blvd
Las Vegas, NV 89104
(702) 382-2200
Fax No. (702) 382-8747
In Northern
Nevada:
State Bar of Nevada
Attn: Discipline Department
9456 Double R Blvd. Suite B
Reno, NV 89521
(775) 329-4100
Fax No. (775) 329-0522
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