The State Bar of Nevada’s Standing Committee on Ethics and Professional Responsibility has drafted two formal opinions and is seeking comments from membership. The formal opinions are regarding the following matters:
Licensing of In-House Counsel for Multinational Corporations Based in Nevada.
Question 1. Does the work of an in-house attorney at a multi-jurisdictional corporation incorporated in a jurisdiction other than Nevada with the bulk of its operations outside the State, who is licensed to practice law elsewhere but not in the State of Nevada, and who resides outside Nevada, fall within an exception found in Nevada Rule of Professional Conduct 5.5(b)?
Question 2. If the performance of in-house counsel duties to the multi-jurisdictional corporation falls within an exception found in Nevada Rule of Professional Conduct 5.5(b), should the attorney file the report required under Nevada Rule of Professional Conduct 5.5A(c)?
Question 3. May an in-house attorney at a multi-jurisdictional corporation who resides outside Nevada seek a waiver of the residency requirement for a limited practice certification under Nevada Supreme Court Rule 49.1(1)(h), which would allow an otherwise similarly-situated attorney to fulfill those same in-house counsel duties if he or she resided in Nevada?
Practice of Attorneys Admitted in Nevada but not Maintaining a Nevada Office.
Question 1. Does utilization of a “coworking” office location for the practice of an attorney admitted in Nevada constitute maintaining an office in Nevada under SCR 42.1?
Question 2. Is an attorney admitted in Nevada and using a “coworking” office location in Nevada but not otherwise maintaining an office in Nevada subject to the advertising filing requirements of NRPC 7.2A with regard to the attorney’s business cards, letterhead and website?
The full opinions will remain posted on the State Bar of Nevada’s website until November 30, 2020. The website allows members to voice their opinions about these matters via an online comment form.