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State Bar Ethics Discussion Articles | Opinions | Ethics 2000 | File a Complaint
What is lawyer discipline? To Top All lawyers 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 Supreme Court Rules 150 through 203.5 and are enforced by the State Bar of Nevada. Any lawyer who violates these ethical standards is subject to discipline.
Forms of discipline To Top 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 areas follows:
Who should file a complaint? To Top 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, maybe you should 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.
How do I file a complaint? click here To Top 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 nearest office of the State Bar. No special language or form is necessary! If you wish to file a complaint it may be sent by letter via U.S. Mail or fax to the closest State Bar. An initial email complaint will be accepted. However, all correspondence from the State Bar will be in writing via US Mail. If you send attachments, you should confirm that they were received. You may be required to send attachments in hard copy. The Office of Bar Counsel usually completes the initial review of all complaints within two weeks of receipt. We will let you know if we require additional information. What happens next? To Top The State Bar has a Bar Counsel, three Assistant Bar Counsel, as well as paralegals and discipline assistants on staff. The Bar Counsel will review the complaint to determine whether or not the conduct complained of raises an ethical issue under Supreme Court Rules. If your complaint does involve an ethical issue, then Bar Counsel asks the lawyer involved for a written response to your complaint. After evaluating the complaint and the response, you will have an opportunity to reply to the attorney's response. An impartial panel decides whether the case should be heard by a 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.
What is a Disciplinary Board? To Top There are two disciplinary boards in Nevada, one in Northern Nevada and one is Southern Nevada. Nevada Supreme Court Rules require that all discipline boards and hearing panels include non-lawyers as well as lawyers.
What are the procedures for hearing a complaint? When a complaint is referred to a discipline board, a State Bar investigator or Bar Counsel will complete the investigation and a staff attorney will recommend specific action to the discipline screening panel. The Bar may convene an informal or formal hearing.
Are the meetings and reports confidential? Proceedings before a screening panel and the Board are confidential. If a formal complaint is filed, the matter is no longer confidential. This protection is imposed by the Nevada Supreme Court.
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 Discipline Department 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.
What should you not expect from the State Bar? You should not expect to recover any money as a result of filing a complaint. The Bar cannot compel the payment of money damages nor the return of any fees paid. You will not receive any individual legal advice on any subject except with respect to the Bar's handling of your complaint.
What if you have a complaint about a judge? The State Bar does not have any 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.
Where should you write or call to contact the State Bar's Discipline Department? To Top Please write or call the Discipline Department nearest to where the attorney practices.
State Bar of Nevada State Bar of Nevada Attn: Discipline Department 9456 Double R Blvd. Suite B, Reno, NV 89521 (775) 329-4100
State Bar of Nevada 600 E. Charleston Blvd
Las Vegas, NV 89104
marcm@nvbar.org |
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