News and Events

Unlicensed Lawyering: Bad Idea

Webinar July 23, 2025

12:00 p.m. – 1: 00 p.m.

Paralegals, or nonlawyer assistants, must avoid engaging in unauthorized practice of law, which includes tasks like evaluating cases, advising clients, or negotiating settlements activities reserved for licensed attorneys under ethical rules. While they may assist with tasks like gathering basic client information and performing conflict checks, responsibilities such as presenting retainer agreements or offering legal advice are strictly the lawyer’s domain. Privilege and confidentiality rules also apply to nonlawyer assistants, underscoring the importance of discretion in all client-related matters.

Learning Objectives:

• Understand the boundaries of UPL and recognize which tasks are strictly reserved for licensed attorney’s under the Rules of Professional Conduct.
• Identify permissible duties for nonlawyer assistants, including appropriate ways to support client intake, conflict checks, and general procedural questions.
• Recognize the ethical limitations surrounding retainer agreements, including why only lawyers may present, explain, or obtain signatures on such documents.
• Apply the principles of attorney/client privilege and confidentiality to ensure that all client-related communications and information are handles in compliance with ethical standards.

FACULTY

Dennis Kennedy is a partner in the firm of Bailey?Kennedy. Before that, he was a partner in Nevada’s largest law firm (1975-2005) where he was chairman of the firm’s Health Care Practice Group. He represents a wide range of businesses and professionals in the assertion and defense of their rights. Mr. Kennedy practices primarily in general commercial litigation, health care and insurance law, and professional liability. He is the Chairman of the Board of Trustees of Nathan Adelson Hospice.

Mr. Kennedy is a former member (1988-1997) and the past chairman (1992-1994) of the State Bar of Nevada Disciplinary Board, Southern District of Nevada. He was a member (and past chairman 2003-2007) of the Nevada State Bar Committee on Ethics and Professional Responsibility. He was a member of the State Bar Ethics 2000 Committee, which prepared proposed amendments to the Nevada Supreme Court Rules which led to the adoption by the Nevada Supreme Court of the Nevada Rules of Professional Conduct, effective May 1, 2006.

He is a fellow of the American College of Trial Lawyers. Mr. Kennedy has been named a Mountain States “Super Lawyer” for each of the past 10 years (top 75 lawyers in Nevada, Utah, Montana, Idaho, and Wyoming); is currently ranked as one of the top 3 commercial litigators in Nevada by Chambers, U.S.A.; and has for more than 25 consecutive years been named by Best Lawyers in America as one of the country’s top attorneys in Commercial Litigation and “Bet the Company” cases. Mr. Kennedy is an author and frequent speaker in the areas of litigation and legal ethics, and he serves as an adjunct professor at the Boyd School of Law where he teaches Nevada Civil Practice (civil procedure, evidence, and professional responsibility). He was the co-editor (with Prof. Jeffrey Stempel) of the Nevada Civil Practice Manual (2001-2013). Mr. Kennedy is a graduate of the University of Washington (B.A., 1972; J.D., 1975) and was a member of the Board of Editors of the Washington Law Review.

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About the Division

Purpose

The purpose of the Paralegal Division of the State Bar of Nevada is to enhance paralegals’ participation in the administration of justice, professional responsibility and public service in cooperation with the State Bar of Nevada. We are the first statewide organization of working, attorney supervised paralegals in the state of Nevada.

How to Join 

Membership Open to Boyd Law Students, register here

Bylaws 

Creed of Professionalism and Civility

Download as PDF

In summary…

…consistent with the lawyer’s oath, lawyers are expected to commit to the spirit and letter of these standards, affirming that these guidelines do not denigrate the lawyer’s duty of zealous representation. Law schools and continuing legal education courses should incorporate these standards when teaching professionalism to law students and practicing lawyers alike. Lawyers should make copies available to clients and adjudicators should reinforce these standards in the courtroom to reinforce our obligation to maintain and foster these standards and to make it clear that incivility may hurt the client’s case.

Officers

Dues: Annual dues are $25