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New Procedural Rules Governing Disciplinary Proceedings (PDF) ADKT 392 amending SCRs 98-123, 212-213, and adopting SCR 102.5. Order entered 12/29/2006 and changes effective March 1, 2007. These are the procedural rules applicable to disciplinary proceedings, as well as the notice provisions applicable to fee and continuing legal education suspensions. (linked directly to the relevant Nevada Supreme Court web page)
ARCHIVES
State Bar of Nevada Ethics 2000 ("E2K") Committee
The Order in the matter of ADKT 370 was entered February 6, 2006. A supplemental Order regarding rules 1.17, 5.4, and 6.1 was entered April 7, 2006. All new rules effective May 1, 2006.
February order scanned in two parts due to size: Click here for Part 1. (PDF) Click here for Part 2. (PDF)
April 7, 2006 Order click here. (PDF)
The Order amending RPC 1.13 (Organization as Client) was filed November 8, 2006.
Scroll to the bottom of this page for links to the ADKT petition.
Some highlights of substantive changes: (1) The rules have been renumbered to comport with the ABA Model Rule numbering system, to be cited "RPC" (Rules of Professional Conduct); (2) A "terminology" (RPC 1.0) and "guidelines" (RPC 1.0A) section have been added; (3) Consent re-defined as "informed consent" (RPC 1.0(e)); (4) Conflict waivers must now be based on "informed consent" and "confirmed in writing" (RPCs 1.0(b),(e); 1.7; 1.8; 1.9); (5) Attorney-client sexual relationships are expressly prohibited unless the relationship began prior to the representation (does not apply to organizational clients) (RPC 1.8(j)); (6) Duties to prospective clients now defined (RPC 1.18); (7) Duties to former clients clarified (RPC 1.9); (8) Limited screening of lawyers moving between firms is now allowed provided certain conditions are met (RPC 1.10(e)). (9) Sale of law practice regulated. (RPC 1.17) (10) Pro bono rule amended, including requiring written fee agreement (RPC 6.1).
At the February 2006 public hearing, the Court deferred ruling on amendments to former SCR 163, now RPC 1.13 (Organization as client) and adoption of RPC 1.17 (Sale of law practice).
The Court subsequently adopted RPC 1.17, which also required a change to RPC 5.4. (April 2006 order)
In that order the Court also sua sponte amended RPC 6.1 (Pro Bono Publico) further defining what activities may be claimed and requiring that if pro bono work is done, there must be a written fee agreement which refers to the rule.
The Board filed a supplemental recommendation regarding RPC 1.13 (org as client) May 18, 2006. Order Nov. 8, 2006.
PROCEDURAL HISTORY
The Nevada Supreme Court held an administrative hearing September 23, 2004, at 10 am, to consider ADKT 370 proffering changes to the Rules of Professional Conduct. As a result of the hearing, the Bar filed a supplement on October 6, 2004, which (1) corrected a clerical error at page 45 of Volume 1 and (2) changed the recommendation with regard to Model Rule 6.5(Nonprofit and court-annexed limited legal services programs), which has been adopted as RPC 6.5. There is no specified time period for review and decision. The State Bar will timely update this page as further information becomes available.
Please contact Kristina Marzec at the State Bar of Nevada if you have further questions: (702) 382-2200 * (800) 254-2797 * ext 426 * email kristinam@nvbar.org. BACKGROUND OF THE E2K COMMITTEE The ABA Ethics 2000 initiative began in 1997 and resulted in a new set of Model Rules of Professional Conduct. (Click here for redlined version of Model Rules as amended by E2K.) Nevada's Supreme Court Rules of Professional Conduct, Rules 150 through 203.5 inclusive, are based upon the ABA Model Rules. However, while the majority of Nevada's Rules are substantively similar to, if not exactly the same as, the ABA counterparts, that is not the case in all instances. (Click here to be linked to the Supreme Court Rules website.) The State Bar Board of Governors appointed a blue-ribbon committee, the "State Bar of Nevada E2K Committee," to consider whether Nevada's Rules of Professional Conduct should be amended in whole or in part, using the ABA Model Rule changes as a basis for discussion. Bar Counsel Rob Bare was appointed as the Committee's Reporter. (Click here for E2K Committee Roster.) Under the chairmanship of attorney Steven B. Wolfson, the E2K Committee held six meetings in 2003. The Committee maintained a work file, which was ultimately reconstituted as the Committee's Report and Draft Recommendations, which chronicles the Committee's discussions, research, and recommendations. (See this site below for minutes and Report.) In October 2003 the Committee held two public hearings on its Report, one each in northern and southern Nevada. The Report was finalized in December 2003 and formed the basis for the Supreme Court Petition, known as an ADKT, which was drafted and presented to the Board of Governors for review and approval. At its March 5, 2004 meeting, the Board rendered its final vote on the ADKT proposed by the E2K Committee. The Board approved most of the recommendations proffered in the ADKT (which in turn reflects the recommendations as stated in the Committee's Report and Draft Recommendations) with the following exceptions:
For details, click here to read Reporter's Supplemental E2K Report: Board of Governor's Final Vote. The Reporter made the changes directed by the Board and the ADKT was finalized and executed by then-President, attorney N. Patrick Flanagan, III. ADKT 370 was filed in the Supreme Court of Nevada on March 10, 2004 and the Court held an administrative hearing on the ADKT September 23, 2004. As a result of the hearing, the Bar filed a supplement on October 6, 2004, which (1) corrected a clerical error at page 45 of Volume 1 and (2) changed the recommendation with regard to Model Rule 6.5(Nonprofit and court-annexed limited legal services programs), which has been adopted as RPC 6.5. The Board filed a supplemental recommendation regarding RPC 1.13 (org as client) May 18, 2006.
ADKT 370 Filed March 10, 2004. This ADKT (Petition filed on the Administrative Docket) supercedes the Committee Report and should be consulted as the controlling document in the E2K Initiative.
Volume 1. Petition. Click here. Supplement filed October 6, 2004. Click here. Volume 2. Exhibits filed in support of Petition: Click here for Index, Exhibit 1 & Exhibit 2:
Click here for Exhibit 3 & Exhibit 4:
For more information, contact Committee Reporter, Bar Counsel Rob Bare, or the Committee's paralegal, Kristina Marzec, CLA, at the Las Vegas office of the State Bar: kristinam@nvbar.org. Telephone (702) 317-1426.
ADDITIONAL LINKS TO COMMITTEE RESOURCES AND MATERIALS:
Committee Report and Draft Recommendations dated December 2, 2003 (.doc)
MINUTES:
Notice of Public Hearings -- October 2003 Read June 2003 Nevada Lawyer Article ABA E2K Model Rule Changes-Redlined Version ABA Reporter's Comments (Complete text) (.doc)
Comparison Chart (.pdf)
You WILL need
Adobe Acrobat to read the above file. For more information, contact Committee Reporter, Bar Counsel Rob Bare, or the Committee's paralegal, Kristina Marzec, CLA, at the Las Vegas office of the State Bar: kristinam@nvbar.org. Telephone (702) 382-2200 ext. 426.
State Bar of Nevada 600 E. Charleston Blvd
Las Vegas, NV 89104
marcm@nvbar.org |
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