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State Bar of Nevada

Ethics 2000 ("E2K") Committee

Page last updated 11/22/04

CURRENT STATUS: ADKT 370 pending in the Supreme Court of Nevada.

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.

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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 is now recommended for adoption as SCR 194.1. Click here to view.

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.

Scroll down for links to the ADKT Petition and all related materials.

Background of the E2K Initiative

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:

SCR 155(5) (Fees)
SCR 156 (Confidentiality)
SCR 158(12) (Sex with client)
SCR 202.1 (Mandatory self-reporting of sanctions)

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.

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The matter remains pending the Court's review and Order.

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.

Notice regarding viewing: This ADKT consists of two volumes: Volume 1 is the Petition (79 pages), and Volume 2 contains the Exhibits, 1 through 7 (330 pages total). Please take note Volume 1 is scanned in one document, while Volume 2 is scanned in parts as indicated below. The first page appears blank in some of the scanned document sets when you open them, simply scroll down. You will need Adobe Acrobat to view these scanned PDF documents.

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:

Index for Volumes 1 & 2

Exhibit 1. Proposed Amended Rules (redline)

Exhibit 2. Complete Minutes of the E2K Committee

Click here for Exhibit 3 & Exhibit 4:

Exhibit 3. Public Hearings Transcripts

Exhibit 4. E2K Committee Report

Click here for Exhibit 5:

ABA Model Rule to SCR Comparison Chart

Click here for Exhibit 6:

ABA Reporter's Comments, selected text

Click here for Exhibit 7:

Reporter's Supplemental E2K Report: Board of Governor's Final Vote

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.

ADDITIONAL LINKS TO COMMITTEE RESOURCES AND MATERIALS:

Contact E2K Committee Members

Committee Report and Draft Recommendations dated December 2, 2003 (.doc)

MINUTES:

     4/10/2003 E2K Committee Minutes!

     5/06/2003 E2K Committee Minutes!

     6/26/2003 E2K Committee Minutes!

     8/04/2003 E2K Committee Minutes! (.pdf)

     9/09/2003 E2K Committee Minutes! (.pdf)

    10/28/03 E2K Committee Minutes (.doc)

    1/08/04 E2K Committee Minutes (.doc)