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USA - Nevada International Trade in Legal Services

United States of America - Nevada International Trade in Legal Services

HOME COUNTRY LICENSING QUESTIONS

Is there legislation governing the legal sector

NEVADA STATUTES, TITLE 1 - STATE JUDICIAL DEPARTMENT, Chapter 7 - Attorneys and Counselors at Law

Under what title do lawyers practise?

Attorney at law

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

An individual must have a bachelor’s degree, a JD, satisfy character and fitness to practice requirements, and have passed the Alabama State bar exam.

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

This only automatically entitles the holder to practise in Nevada. The right to practise on a temporary basis in another state or to appear pro hac vice in another state depends on the explicity permission of that state.

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

 

 

 

 

 

Statute 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.Pioneer Title Ins. & Trust Co. v. State Bar of Nev., 326 P.2d 408 (Nev. 1958)
As stated in Lowell Bar Ass'n v. Loeb, supra [315 Mass. 176, 52 N.E.2d 34], 'The actual practices of the community have an important bearing on the scope of the practice of law.'
 

Do you need to hold local nationality to be eligible to practise law?

US citizenship is required for practice before the US Patent and Trademark Office.

What legal forms can lawyers work in? (e.g. self employment, partnership, limited liability partnership, multi-disciplinary partnership, incorporation)

A lawyer may practise as a sole practitioner, in a general or limited liability partnership. Fee sharing with non lawyers is prohibited.

What other ethical or regulatory requirements must a licensed lawyer comply with? 

The Nevada code of professional conduct which is modelled on the ABA model code (see:http://www.leg.state.nv.us/courtrules/RPC.html)

Do law firms need to receive a "license" (or permission/approval) to practice law?

Not from the Court but may be subject to other notification requirements depending on the form taken (e.g. limited liability company) and the local State code.

Which authority issues licences? Are there different authorities for individuals and firms? 

Licences are issue by the Nevada bar: http://www.nvbar.org/

   

INDIVIDUAL FOREIGN LAWYERS

Are there any explicit rules or restrictions other than visas on fly in fly out practice of law? Ie. Do you need to obtain a licence for temporary practice?

Foreign lawyers are not permitted to provide fly-in fly-out services under rule 5.5 of the code of professional conduct on unauthorised practice of law.  This rule also states that "A lawyer who is not admitted to practice in this jurisdiction shall not:   (i) Establish an office or other regular presence in this jurisdiction for the practice of law;  (ii) Solicit clients in this jurisdiction; or (iii) Represent or hold out to the public that the lawyer is admitted to practice law in this jurisdiction". The provision of services by lawyers in Nevada on a temporary basis is permitted to lawyers from other US jurisdictions.

Can a foreign lawyer obtain a visa to visit clients or to market but not to practice?

 

 

 

Under the WTO commitments of the USA, an individual wishing to practise law on a fly in fly out basis in Nevada would need to be fully admitted to the Nevada Bar or to the Bar of another US State. 'Service salespersons' are permitted to enter the USA for periods of up to 90 days. "Service salespersons" are "persons not based in the territory of the United States and receiving no remuneration from a source located within the United States, who are engaged in activities related to representing a services supplier for the purpose of negotiating for the sale of the services of that supplier where: a) such sales are not directly made to the general public and b) the salesperson is not engaged in supplying the service" Entry for persons named in this section is limited to a ninety-day period.

Can a foreign lawyer obtain a licence to establish and practise as a foreign legal consultant and what is the scope of this limited licence?

No - There is no FLC licensing regime in Nevada.

Are there any conditions that must be fulfilled once a foreign lawyer has been granted a limited licence (e.g. residency requirement)

Not applicable

Are there any conditions that must be fulfilled for a foreign lawyer to qualify for a limited licence? (e.g. prior practice)

Not applicable

Are foreign lawyers permitted to undertake arbitration and mediation?

 

Are foreign lawyers allowed to appear in court under any circumstances?

 

Pro Hac Vice Rule, SCR 42 has been amended. The Rule now covers all arbitration, mediation or
alternative dispute resolution procedures that are court-annexed or court ordered. Additionally, it is presumed, absent a
showing of good cause, that more than five appearances in a three-year period is excessive.

Can foreign lawyers requalify as local lawyers?

 

A foreign lawyer cannot requalify as a Nevada lawyer but must complete the full State admission requirements in order to be admitted.

FOREIGN LAW FIRMS

Can a foreign law firm obtain a licence to open an office?

No

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

Not applicable

Are there different types of foreign law firm 'licence'  (e.g. Joint Law Venture, stand alone foreign licence etc)

Not applicable

Is there a quota on the number of licences available?

Not applicable

Are there geographical restrictions on foreign firm licences or on the number of branches a foreign firm can have?

No

Are there "scope of practice" rules that apply directly to foreign law firms (as opposed to lawyers themselves)? (e.g. home, host, international law), if so, what are they? No
Are there restrictions on the corporate form a foreign law firm can take? Not applicable
Are there rules about the name a foreign law firm can take? Not applicable
What entity grants a 'license' to a foreign law firm? If that entity is on the Internet, please provide the URL Not applicable

EMPLOYMENT AND PARTNERSHIP

Are there restrictions on the ownership share of foreign lawyers in a law firm?

Not applicable

May a domestic lawyer be employed by a foreign lawyer or law firm?

Not applicable

Can a domestic lawyer enter into partnership with a foreign lawyer?

Not applicable

Can a domestic lawyer or domestic law firm employ a foreign lawyer?

Not applicable

   

OTHER USEFUL LINKS/SOURCES

Other useful sources or comments or links