[Rev. 2/10/2015 3:57:16
PM--2014R2]
CHAPTER 7 - ATTORNEYS AND COUNSELORS AT LAW
GENERAL PROVISIONS
NRS 7.030 Prerequisites
to receiving license to practice law. [Effective until the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 7.030 Prerequisites
to receiving license to practice law. [Effective on the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 7.034 Payment
of child support: Statement by applicant for license; grounds for denial of
license; duties of Supreme Court. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 7.037 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 7.039 Renewal
of license: Application to include information relating to state business
license; denial of renewal for unpaid debt assigned to State Controller for
collection.
NRS 7.045 Unlawful
solicitation of legal business; penalty.
NRS 7.055 Duty
of discharged attorney to deliver certain materials to client; enforcement;
adjudication of claims to materials.
NRS 7.065 Representation
of indigent persons by attorneys in public employment.
NRS 7.075 Duties
of attorney upon death of client being represented in pending action;
sanctions.
NRS 7.085 Payment
of additional costs, expenses and attorney’s fees by attorney who files,
maintains or defends certain civil actions or extends civil actions in certain
circumstances.
NRS 7.095 Limitations
on contingent fees for representation of persons in certain actions against
providers of health care.
NRS 7.105 Persons
prohibited from defending persons charged with violations of ordinances or
state laws.
NRS 7.107 Attorney
acting as real estate broker: Duties; penalties; license.
APPOINTED DEFENSE COUNSEL IN CRIMINAL PROCEEDINGS
NRS 7.115 Appointment
of attorney other than public defender prohibited unless public defender
disqualified.
NRS 7.125 Fees
of appointed attorney other than public defender.
NRS 7.135 Reimbursement
for expenses; employment of investigative, expert or other services.
NRS 7.145 Claim
for compensation and expenses.
NRS 7.155 Payment
of compensation and expenses from county treasury or money appropriated to
State Public Defender.
NRS 7.165 Payment
of compensation and expenses by defendant.
NRS 7.175 Compensation
and expenses on new trial.
STATE BAR OF NEVADA
NRS 7.275 Continuation
as public corporation; powers; rules of Supreme Court.
NRS 7.285 Unlawful
practice of law; criminal penalties; initiation of civil action by State Bar of
Nevada.
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GENERAL PROVISIONS
NRS 7.030 Prerequisites to receiving license to practice law. [Effective
until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. Each person, before receiving a license
to practice law, shall:
(a) Take, before a person authorized by the laws
of this state to administer oaths, the oath prescribed by rule of the Supreme
Court.
(b) Pay to the Clerk of the Supreme Court the sum
of $25. The Clerk of the Supreme Court shall remit the fees to the State
Treasurer as provided by subsection 7 of NRS
2.250. The money received by the State Treasurer pursuant to this paragraph
must be placed in the State General Fund.
(c) Submit to the State Bar of Nevada a complete
set of his or her fingerprints and written permission authorizing the
Admissions Director of the State Bar of Nevada to forward the fingerprints to
the Central Repository for Nevada Records of Criminal History for submission to
the Federal Bureau of Investigation for its report.
2. An application for a license to
practice law must include the social security number of the applicant.
[6:6:1861; A 1871, 148; 1873, 114; B § 889; BH §
2534; C § 2617; RL § 503; NCL § 596]—(NRS A 1957, 13; 1959, 22; 1985, 1208; 1997, 1260, 2034; 1999, 520)
NRS 7.030 Prerequisites to
receiving license to practice law. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.] Each person, before receiving a license to
practice law, shall:
1. Take, before a person authorized by the
laws of this state to administer oaths, the oath prescribed by rule of the
Supreme Court.
2. Pay to the Clerk of the Supreme Court
the sum of $25. The Clerk of the Supreme Court shall remit the fees to the
State Treasurer as provided by subsection 7 of NRS 2.250. The money so received by the
State Treasurer must be placed in the State General Fund.
3. Submit to the State Bar of Nevada a
complete set of his or her fingerprints and written permission authorizing the
Admissions Director of the State Bar of Nevada to forward the fingerprints to
the Central Repository for Nevada Records of Criminal History for submission to
the Federal Bureau of Investigation for its report.
[6:6:1861; A 1871, 148; 1873, 114; B § 889; BH §
2534; C § 2617; RL § 503; NCL § 596]—(NRS A 1957, 13; 1959, 22; 1985, 1208; 1997, 1260, 2034,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 7.034 Payment of child support: Statement by applicant for license;
grounds for denial of license; duties of Supreme Court. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. An applicant for the issuance or
renewal of a license to practice law in this State shall submit to the Supreme
Court the statement prescribed by the Division of Welfare and Supportive
Services the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Supreme Court shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Supreme
Court.
3. A license to practice law in this State
may not be issued or renewed by the Supreme Court if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Supreme Court shall advise the applicant to contact the district attorney or
other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2033)
NRS 7.037 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the Supreme Court receives a copy of
a court order issued pursuant to NRS
425.540 that provides for the suspension of all professional, occupational
and recreational licenses, certificates and permits issued to a person who has
been issued a license to practice law in this State, the Supreme Court shall
deem the license issued by the Supreme Court to that person to be suspended at
the end of the 30th day after the date on which the court order was issued
unless the Supreme Court receives a letter issued by the district attorney or
other public agency pursuant to NRS 425.550
to the person to whom the license was issued stating that the person to whom
the license was issued has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
2. The Supreme Court shall reinstate a
license to practice law that has been suspended by a district court pursuant to
NRS 425.540 if:
(a) The Supreme Court receives a letter issued by
the district attorney or other public agency to the person whose license was
suspended stating that the person whose license was suspended has complied with
the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and
(b) The person whose license was suspended pays
any fees imposed by the Supreme Court for the reinstatement of a suspended
license.
(Added to NRS by 1997, 2034)
NRS 7.039 Renewal of license: Application to include information relating
to state business license; denial of renewal for unpaid debt assigned to State
Controller for collection.
1. If the Supreme Court adopts the rules
described in NRS 2.123, the State Bar
of Nevada shall:
(a) Require a person applying for the renewal of
a license to practice law to include in the application submitted to the State
Bar of Nevada:
(1) Whether the applicant has a state
business license; and
(2) If the applicant has a state business
license, the state business license number assigned by the Secretary of State
upon compliance with the provisions of chapter 76
of NRS; and
(b) Not renew a license to practice law if:
(1) The applicant fails to submit the
information required by paragraph (a); or
(2) The State Controller has informed the
State Bar of Nevada pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a
debt to an agency that has been assigned to the State Controller for collection
and the applicant has not:
(I) Satisfied the debt;
(II) Entered into an agreement for
the payment of the debt pursuant to NRS
353C.130; or
(III) Demonstrated that the debt is
not valid.
2. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2722)
NRS 7.045 Unlawful solicitation of legal business; penalty.
1. Except as otherwise provided in this
section, it shall be unlawful for a person, in exchange for compensation, to
solicit a tort victim to employ, hire or retain any attorney at law:
(a) At the scene of a traffic accident that may
result in a civil action; or
(b) At a county or city jail or detention
facility.
2. It is unlawful for a person to conspire
with another person to commit an act which violates the provisions of
subsection 1.
3. This section does not prohibit or
restrict:
(a) A recommendation for the employment, hiring
or retention of an attorney at law in a manner that complies with the Nevada
Rules of Professional Conduct.
(b) The solicitation of motor vehicle repair or
storage services by a tow car operator.
(c) Any activity engaged in by police, fire or emergency
medical personnel acting in the normal course of duty.
(d) A communication by a tort victim with the
tort victim’s insurer concerning the investigation of a claim or settlement of
a claim for property damage.
(e) Any inquiries or advertisements performed in
the ordinary course of a person’s business.
4. A tort victim may void any contract,
agreement or obligation that is made, obtained, procured or incurred in
violation of this section.
5. Any person who violates any of the
provisions of this section is guilty of a misdemeanor.
6. As used in this section, “tort victim”
means a person:
(a) Whose property has been damaged as a result
of any accident that may result in a civil action, criminal action or claim for
tort damages by or against another person;
(b) Who has been injured or killed as a result of
any accident that may result in a civil action, criminal action or claim for
tort damages by or against another person; or
(c) A parent, guardian, spouse, sibling or child
of a person who has died as a result of any accident that may result in a civil
action, criminal action or claim for tort damages by or against another person.
[1:157:1929; NCL § 621] + [2:157:1929; NCL §
622]—(NRS A 1967, 528; 2013, 1497)
NRS 7.055 Duty of discharged attorney to deliver certain materials to
client; enforcement; adjudication of claims to materials.
1. An attorney who has been discharged by
his or her client shall, upon demand and payment of the fee due from the
client, immediately deliver to the client all papers, documents, pleadings and
items of tangible personal property which belong to or were prepared for that
client.
2. A client who, after demand therefor and
payment of the fee due from the client, does not receive from his or her
discharged attorney all papers, documents, pleadings and items of tangible
personal property may, by a motion filed after at least 5 days’ notice to the
attorney, obtain an order for the production of his or her papers, documents,
pleadings and other property. If the court finds that an attorney has, without
just cause, refused or neglected to obey its order given under this section,
the court may, after notice and hearing, adjudge the attorney guilty of
contempt and may fine or imprison him or her until the contempt is purged. If
the court finds that the attorney has, without just cause, withheld the
client’s papers, documents, pleadings or other property, the attorney is liable
for costs and attorney’s fees.
3. An attorney who is in doubt as to the
ownership of papers, documents, pleadings or other property may deposit the
materials with the clerk of the court. The clerk shall immediately seal the
materials to protect the privacy and privilege of the clients and interested
persons and notify each interested person of the deposit. Upon a petition filed
by a client or other interested person, any court shall, after giving at least
5 days’ notice to all other interested persons, adjudicate the rights of
persons claiming an interest in the materials and make necessary orders under
the circumstances of the case.
(Added to NRS by 1977, 776)
NRS 7.065 Representation of indigent persons by attorneys in public
employment. Except as otherwise
provided by a specific statute, any attorney employed by the State of Nevada or
any agency or political subdivision of the State may represent an indigent
person in any proceeding if:
1. The attorney first receives the
permission of his or her supervisor, if any, to represent the person in that
proceeding;
2. The interests of the indigent person in
that proceeding do not conflict with the interests of the State or the
attorney’s employer;
3. The representation is provided through
or in association with an organization that provides free legal assistance to
indigent persons; and
4. The attorney receives no compensation
for the representation.
(Added to NRS by 1989, 201)
NRS 7.075 Duties of attorney upon death of client being represented in
pending action; sanctions.
1. An attorney at law who represents any
person who is a party to an action pending before any court shall, within 90
days after the death of that person, file a notice of death and a motion for
substitution of a party with the court and cause a copy of that notice and
motion to be served upon every other party to the action.
2. The court may, upon motion, impose any
sanctions it considers appropriate, including costs and attorney’s fees,
against an attorney who fails to comply with the provisions of subsection 1.
(Added to NRS by 1989, 504)
NRS 7.085 Payment of additional costs, expenses and attorney’s fees by
attorney who files, maintains or defends certain civil actions or extends civil
actions in certain circumstances.
1. If a court finds that an attorney has:
(a) Filed, maintained or defended a civil action
or proceeding in any court in this State and such action or defense is not
well-grounded in fact or is not warranted by existing law or by an argument for
changing the existing law that is made in good faith; or
(b) Unreasonably and vexatiously extended a civil
action or proceeding before any court in this State,
Ê the court
shall require the attorney personally to pay the additional costs, expenses and
attorney’s fees reasonably incurred because of such conduct.
2. The court shall liberally construe the
provisions of this section in favor of awarding costs, expenses and attorney’s
fees in all appropriate situations. It is the intent of the Legislature that
the court award costs, expenses and attorney’s fees pursuant to this section
and impose sanctions pursuant to Rule
11 of the Nevada Rules of Civil Procedure in all appropriate situations to
punish for and deter frivolous or vexatious claims and defenses because such
claims and defenses overburden limited judicial resources, hinder the timely
resolution of meritorious claims and increase the costs of engaging in business
and providing professional services to the public.
(Added to NRS by 1995, 1707; A 2002
Special Session, 12; 2003, 3477)
NRS 7.095 Limitations on contingent fees for representation of persons in
certain actions against providers of health care.
1. An attorney shall not contract for or
collect a fee contingent on the amount of recovery for representing a person
seeking damages in connection with an action for injury or death against a
provider of health care based upon professional negligence in excess of:
(a) Forty percent of the first $50,000 recovered;
(b) Thirty-three and one-third percent of the
next $50,000 recovered;
(c) Twenty-five percent of the next $500,000
recovered; and
(d) Fifteen percent of the amount of recovery
that exceeds $600,000.
2. The limitations set forth in subsection
1 apply to all forms of recovery, including, without limitation, settlement,
arbitration and judgment.
3. For the purposes of this section,
“recovered” means the net sum recovered by the plaintiff after deducting any
disbursements or costs incurred in connection with the prosecution or settlement
of the claim. Costs of medical care incurred by the plaintiff and general and
administrative expenses incurred by the office of the attorney are not
deductible disbursements or costs.
4. As used in this section:
(a) “Professional negligence” means a negligent
act or omission to act by a provider of health care in the rendering of
professional services, which act or omission is the proximate cause of a
personal injury or wrongful death. The term does not include services that are
outside the scope of services for which the provider of health care is licensed
or services for which any restriction has been imposed by the applicable
regulatory board or health care facility.
(b) “Provider of health care” means a physician
licensed under chapter 630 or 633 of NRS, dentist, registered nurse,
dispensing optician, optometrist, registered physical therapist, podiatric
physician, licensed psychologist, chiropractor, doctor of Oriental medicine,
medical laboratory director or technician, licensed dietitian or a licensed
hospital and its employees.
(Added to NRS by 2004 initiative petition, Ballot
Question No. 3; A 2011, 1510)
NRS 7.105 Persons prohibited from defending persons charged with
violations of ordinances or state laws.
1. Except as otherwise provided in
subsections 2 and 3 and NRS 7.065:
(a) The Attorney General and every city attorney,
district attorney and the deputies and assistants of each, hired or elected to
prosecute persons charged with the violation of any ordinance or any law of
this State; and
(b) The Legislative Counsel and every attorney
employed in the Legislative Counsel Bureau, without the consent of the
Legislative Commission,
Ê shall not,
during their terms of office or during the time they are so employed, in any
court of this State, accept an appointment to defend, agree to defend or
undertake the defense of any person charged with the violation of any ordinance
or any law of this State.
2. Except as otherwise provided by city
charter, a city attorney and his or her deputies and assistants may defend a
person in a criminal proceeding with or without compensation if:
(a) The criminal proceeding is held in a
jurisdiction outside of the jurisdiction where the attorney serves as a
prosecutor;
(b) The attorney obtains the prior consent of the
defendant; and
(c) The attorney obtains the prior consent of:
(1) If the attorney is a city attorney,
the governing body of the city for which the attorney serves as city attorney;
or
(2) If the attorney is a deputy or
assistant of a city attorney, the city attorney and the governing body of the
city for which the attorney serves as a deputy or assistant city attorney.
3. An attorney who has been appointed to
prosecute a person for a limited duration with limited jurisdiction may accept
an appointment or otherwise engage in private employment to defend any other
person charged with the violation of any ordinance or any law of this State,
unless providing the defense would result in a direct, legal or ethical
conflict of interests with the attorney’s appointment to prosecute.
(Added to NRS by 1969, 440; A 1971, 1124; 1989, 201; 1995, 406; 2001, 366)
NRS 7.107 Attorney acting as real estate broker: Duties; penalties;
license.
1. An attorney licensed in this State who
performs the functions of a real estate broker in a real estate transaction
shall comply with the standards of business ethics that apply to a real estate
broker pursuant to chapter 645 of NRS,
including, without limitation, such standards set forth in NRS 645.635 and 645.645.
2. An attorney who performs the functions
of a real estate broker and who does not comply with the standards of business
ethics that apply to a real estate broker as required pursuant to subsection 1
may be disciplined by the State Bar of Nevada pursuant to the rules of the Supreme
Court.
3. The provisions of this section do not
require an attorney who performs the functions of a real estate broker in a
real estate transaction to obtain a license to practice as a real estate broker
pursuant to chapter 645 of NRS.
(Added to NRS by 2009, 781)
APPOINTED DEFENSE COUNSEL IN CRIMINAL PROCEEDINGS
NRS 7.115 Appointment of attorney other than public defender prohibited
unless public defender disqualified. A
magistrate, master or a district court shall not appoint an attorney other than
a public defender to represent a person charged with any offense or delinquent
act by petition, indictment or information unless the magistrate, master or
district court makes a finding, entered into the record of the case, that the
public defender is disqualified from furnishing the representation and sets
forth the reason or reasons for the disqualification.
(Added to NRS by 1975, 1156; A 1995, 921)
NRS 7.125 Fees of appointed attorney other than public defender.
1. Except as limited by subsections 2, 3
and 4, an attorney, other than a public defender, who is appointed by a
magistrate or a district court to represent or defend a defendant at any stage
of the criminal proceedings from the defendant’s initial appearance before the
magistrate or the district court through the appeal, if any, is entitled to
receive a fee for court appearances and other time reasonably spent on the
matter to which the appointment is made of $125 per hour in cases in which the
death penalty is sought and $100 per hour in all other cases. Except for cases
in which the most serious crime is a felony punishable by death or by
imprisonment for life with or without possibility of parole, this subsection does
not preclude a governmental entity from contracting with a private attorney who
agrees to provide such services for a lesser rate of compensation.
2. Except as otherwise provided in
subsection 4, the total fee for each attorney in any matter regardless of the
number of offenses charged or ancillary matters pursued must not exceed:
(a) If the most serious crime is a felony
punishable by death or by imprisonment for life with or without possibility of
parole, $20,000;
(b) If the most serious crime is a felony other
than a felony included in paragraph (a) or is a gross misdemeanor, $2,500;
(c) If the most serious crime is a misdemeanor,
$750;
(d) For an appeal of one or more misdemeanor
convictions, $750; or
(e) For an appeal of one or more gross misdemeanor
or felony convictions, $2,500.
3. Except as otherwise provided in
subsection 4, an attorney appointed by a district court to represent an
indigent petitioner for a writ of habeas corpus or other postconviction relief,
if the petitioner is imprisoned pursuant to a judgment of conviction of a gross
misdemeanor or felony, is entitled to be paid a fee not to exceed $750.
4. If the appointing court because of:
(a) The complexity of a case or the number of its
factual or legal issues;
(b) The severity of the offense;
(c) The time necessary to provide an adequate
defense; or
(d) Other special circumstances,
Ê deems it
appropriate to grant a fee in excess of the applicable maximum, the payment
must be made, but only if the court in which the representation was rendered
certifies that the amount of the excess payment is both reasonable and
necessary and the payment is approved by the presiding judge of the judicial
district in which the attorney was appointed, or if there is no such presiding
judge or if he or she presided over the court in which the representation was
rendered, then by the district judge who holds seniority in years of service in
office.
5. The magistrate, the district court, the
Court of Appeals or the Supreme Court may, in the interests of justice,
substitute one appointed attorney for another at any stage of the proceedings,
but the total amount of fees granted to all appointed attorneys must not exceed
those allowable if but one attorney represented or defended the defendant at all
stages of the criminal proceeding.
[1:86:1875; A 1911, 318; 1945, 103; 1943 NCL § 11357]
+ [2:86:1875; BH § 2421; C § 2456; RL § 7541; NCL § 11358]—(NRS A 1963, 510;
1964, 8; 1965, 598; 1967, 1468; 1969, 478; 1973, 168; 1975, 1153; 1977, 419, 875; 1981, 874; 1983, 109, 1095; 1985, 1023, 1024; 1987, 1295; 1991, 2077; 1993, 2465; 2003, 442; 2013, 1731)
NRS 7.135 Reimbursement for expenses; employment of investigative, expert
or other services. The attorney
appointed by a magistrate or district court to represent a defendant is
entitled, in addition to the fee provided by NRS 7.125
for the attorney’s services, to be reimbursed for expenses reasonably incurred
by the attorney in representing the defendant and may employ, subject to the
prior approval of the magistrate or the district court in an ex parte
application, such investigative, expert or other services as may be necessary
for an adequate defense. Compensation to any person furnishing such
investigative, expert or other services must not exceed $500, exclusive of
reimbursement for expenses reasonably incurred, unless payment in excess of
that limit is:
1. Certified by the trial judge of the
court, or by the magistrate if the services were rendered in connection with a
case disposed of entirely before the magistrate, as necessary to provide fair
compensation for services of an unusual character or duration; and
2. Approved by the presiding judge of the
judicial district in which the attorney was appointed or, if there is no
presiding judge, by the district judge who holds seniority in years of service
in office.
(Added to NRS by 1975, 1155; A 1981, 875; 1983, 110; 2003, 443)
NRS 7.145 Claim for compensation and expenses.
1. A claim for compensation and expenses
made pursuant to NRS 7.125 or 7.135 must not be paid unless it is submitted within
60 days after the appointment is terminated to:
(a) The magistrate in cases in which the
representation was rendered exclusively before the magistrate; and
(b) The district court in all other cases.
2. Each claim must be supported by a sworn
statement specifying the time expended in court, the services rendered out of
court and the time expended therein, the expenses incurred while the case was
pending and the compensation and reimbursement applied for or received in the
same case from any other source. Except as otherwise provided for the approval
of payments in excess of the statutory limit, the magistrate or the court to
which the claim is submitted shall fix and certify the compensation and
expenses to be paid, and the amounts so certified must be paid in accordance
with NRS 7.155.
(Added to NRS by 1975, 1156; A 1977, 420; 1987, 1296)
NRS 7.155 Payment of compensation and expenses from county treasury or
money appropriated to State Public Defender. The
compensation and expenses of an attorney appointed to represent a defendant
must be paid from the county treasury unless the proceedings are based upon a
postconviction petition for habeas corpus, in which case the compensation and
expenses must be paid from money appropriated to the Office of State Public
Defender, but after the appropriation for such expenses is exhausted, money
must be allocated to the Office of State Public Defender from the reserve for
statutory contingency account for the payment of such compensation and
expenses.
(Added to NRS by 1975, 1155; A 1991, 90, 1750, 1825)
NRS 7.165 Payment of compensation and expenses by defendant. If at any time after the appointment of an
attorney or attorneys the magistrate or the district court finds that money is
available for payment from or on behalf of the defendant so that the defendant
is financially able to obtain private counsel or to make partial payment for
such representation, the magistrate or the district court may:
1. Terminate the appointment of such
attorney or attorneys; or
2. Direct that such money be paid to:
(a) The appointed attorney or attorneys, in which
event any compensation provided for in NRS 7.125
shall be reduced by the amount of the money so paid, and no such attorney may
otherwise request or accept any payment or promise of payment for representing
such defendant; or
(b) The clerk of the district court for deposit
in the county treasury, if all of the compensation and expenses in connection
with the representation of such defendant were paid from the county treasury,
and remittance to the Office of State Public Defender, if such compensation and
expenses were paid partly from moneys appropriated to the Office of State
Public Defender and the money received exceeds the amount of compensation and
expenses paid from the county treasury.
(Added to NRS by 1975, 1155; A 1977, 420)
NRS 7.175 Compensation and expenses on new trial. For
the purposes of compensation and other payments authorized by NRS 7.125 to 7.165,
inclusive, an order by a court granting a new trial shall be deemed to initiate
a new case.
(Added to NRS by 1975, 1156)
STATE BAR OF NEVADA
NRS 7.275 Continuation as public corporation; powers; rules of Supreme
Court.
1. The State Bar of Nevada, a public
corporation heretofore created by statute, is hereby continued under the
exclusive jurisdiction and control of the Supreme Court.
2. The State Bar of Nevada has perpetual
succession and a seal and it may sue and be sued. It may, for the purpose of
carrying into effect and promoting its objectives:
(a) Make contracts.
(b) Own, hold, use, manage and deal in and with
real and personal property.
(c) Do all other acts incidental to the foregoing
or necessary or expedient for the administration of its affairs and the
attainment of its purposes.
3. Rules for the government of the State
Bar of Nevada shall be made by the Supreme Court pursuant to NRS 2.120.
(Added to NRS by 1963, 385)
NRS 7.285 Unlawful practice of law; criminal penalties; initiation of
civil action by State Bar of Nevada.
1. A person shall not practice law in this
state if the person:
(a) Is not an active member of the State Bar of
Nevada or otherwise authorized to practice law in this state pursuant to the
rules of the Supreme Court; or
(b) Is suspended or has been disbarred from
membership in the State Bar of Nevada pursuant to the rules of the Supreme
Court.
2. A person who violates any provision of
subsection 1 is guilty of:
(a) For a first offense within the immediately
preceding 7 years, a misdemeanor.
(b) For a second offense within the immediately
preceding 7 years, a gross misdemeanor.
(c) For a third and any subsequent offense within
the immediately preceding 7 years, a category E felony and shall be punished as
provided in NRS 193.130.
3. The State Bar of Nevada may bring a
civil action to secure an injunction and any other appropriate relief against a
person who violates this section.
(Added to NRS by 1963, 385; A 1999, 1333)
