State Bar Seeks Feedback on Formal Opinions

The State Bar of Nevada’s Standing Committee on Ethics and Professional Responsibility has drafted two formal opinions and is seeking comments from membership. The formal opinions are regarding the following matters:

  • Proposed Standing Committee on Ethics and Professional Responsibility Advisory Opinion on ABA Formal Opinion 10-456: May a criminal defense lawyer whose former client alleges that the lawyer provided constitutionally ineffective assistance of counsel disclose confidential information to the State in the course of any proceeding on the defendant’s claim, for the purpose of establishing whether the lawyer’s representation was competent?; and
  • In-House Employment Stock Agreement: (1) Do employment or stock award agreements that impose a covenant not to compete on in-house counsel violate Nevada Rule of Professional Conduct (“NRPC” or “Rule”) 5.6?; (2) Do employment or stock award agreements that include a confidentiality agreement violate Rule 5.6?

The full opinions will remain posted on the State Bar of Nevada’s website until March 30. The website allows members to voice their opinions about these matters via an online comment form.