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

1-3 is] if the person:

1-4 (a) Is not an active member of the State Bar of Nevada or otherwise

1-5 authorized to practice law in this state pursuant to the rules of the supreme

1-6 court [.

1-7 2. Any person who, not being an active member of the State Bar of

1-8 Nevada, or who, after he] ; or

1-9 (b) Is suspended or has been disbarred [or while suspended] from

1-10 membership in the State Bar of Nevada [, as provided in] pursuant to the

1-11 rules of the supreme court . [, shall practice law,]

1-12 2. A person who violates any provision of subsection 1 is guilty of :

1-13 (a) For a first offense within the immediately preceding 7 years, a

1-14 misdemeanor.

1-15 (b) For a second offense within the immediately preceding 7 years, a

1-16 gross misdemeanor.

2-1 (c) For a third and any subsequent offense within the immediately

2-2 preceding 7 years, a category E felony and shall be punished as provided

2-3 in NRS 193.130.

2-4 3. The State Bar of Nevada may bring a civil action to secure an

2-5 injunction and any other appropriate relief against a person who violates

2-6 this section.

2-7 Sec. 2. The amendatory provisions of this act do not apply to offenses

2-8 that are committed before October 1, 1999.

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