Assembly Bill No. 18–Committee on Judiciary

Prefiled January 7, 1999

(On Behalf of State Bar of Nevada)

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Referred to Committee on Judiciary

 

SUMMARY—Revises certain provisions relating to unauthorized practice of law. (BDR 1-24)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the practice of law; revising certain provisions relating to the unauthorized practice of law; increasing the penalties for the unlawful practice of law; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 7.285 is hereby amended to read as follows:

1-2 7.285 1. [No] A person shall not practice law in this state unless he is

1-3 an active member of the State Bar of Nevada or is otherwise authorized to

1-4 practice law in this state pursuant to the rules of the supreme court.

1-5 2. Any person who [, not being] is not an active member of the State

1-6 Bar of Nevada [, or who,] and practices law, who practices law after he has

1-7 been disbarred or while suspended from membership in the State Bar of

1-8 Nevada, as provided in the rules of the supreme court [, shall practice law,]

1-9 or who practices law and is not otherwise authorized to practice law in

1-10 this state, is guilty :

1-11 (a) For a first offense within the immediately preceding 7 years, of a

1-12 gross misdemeanor [.] ; and

1-13 (b) For a second and any subsequent offense within the immediately

1-14 preceding 7 years, of a category D felony and shall be punished as

1-15 provided in NRS 193.130.

1-16 3. Upon receiving a referral from the State Bar of Nevada pursuant

1-17 to subsection 4, the district attorney of the county in which a violation of

2-1 this section is alleged to have occurred may prosecute the person allegedly

2-2 responsible for the violation.

2-3 4. The State Bar of Nevada may:

2-4 (a) Issue an order to cease and desist to a person whom it suspects of

2-5 violating the provisions of this section;

2-6 (b) If a person to whom an order was issued pursuant to paragraph (a)

2-7 refuses or fails to cease and desist, refer the person to the district attorney

2-8 of the county in which it suspects the violation occurred; and

2-9 (c) Bring a civil action to secure an injunction and any other

2-10 appropriate relief against a person who violates this section.

2-11 Sec. 2. The amendatory provisions of this act do not apply to offenses

2-12 that are committed before October 1, 1999.

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