Assembly Bill No. 240–Assemblymen Angle, Price, Gibbons, Hettrick, Humke, Tiffany and Von Tobel

 

February 26, 2001

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing unauthorized practice of law. (BDR 1‑92)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the practice of law; revising the provisions governing the unauthorized practice of law; providing penalties; 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.  A person shall not practice law in this state , use any name,

1-3  title or description which indicates that he is currently authorized to

1-4  practice law in this state, represent himself in any manner as an attorney

1-5  and counselor, attorney at law or lawyer, or appear before a court,

1-6  magistrate, arbitrator or other tribunal in this state on behalf of another

1-7  person, if the person:

1-8    (a) Is not an active member of the State Bar of Nevada or otherwise

1-9  authorized to practice law in this state pursuant to the rules of the supreme

1-10  court; or

1-11    (b) Is suspended or has been disbarred from membership in the State

1-12  Bar of Nevada pursuant to the rules of the supreme court.

1-13    2.  A person who violates any provision of subsection 1 is guilty of:

1-14    (a) For a first offense within the immediately preceding 7 years, a

1-15  misdemeanor.

1-16    (b) For a second offense within the immediately preceding 7 years, a

1-17  gross misdemeanor.

1-18    (c) For a third and any subsequent offense within the immediately

1-19  preceding 7 years, a category E felony and shall be punished as provided in

1-20  NRS 193.130.

2-1    3.  The State Bar of Nevada may bring a civil action to secure an

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

2-3  this section.

2-4    Sec. 2.  1.  Except as otherwise provided in subsection 2, the

2-5  amendatory provisions of this act do not apply to offenses committed

2-6  before October 1, 2001.

2-7    2.  The amendatory provisions of this act apply to offenses committed

2-8  before October 1, 2001, for the purpose of determining whether a person is

2-9  subject to the provisions of paragraph (b) or (c) of subsection 2 of
NRS 7.285, as amended by this act.

 

2-10  H