The Sierra Crest Business Law Group welcomes opportunities to serve as local Nevada counsel. We assist out-of-state counsel in becoming admitted pro hac vice in a specific Nevada case. We also share our knowledge and experience of local rules and practice.
As an Out-Of-State Attorney, May I Sign a Complaint or Answer in Nevada Federal Court Prior to Obtaining Nevada Local Counsel?
What are the consequences of failing to associate local counsel and properly apply for permission to appear pro hac vice in Nevada federal court?
As an Out-of-State Attorney, am I permitted to participate in a Nevada arbitration or mediation?
Nevertheless, “this rule does not apply to arbitration, mediation, or alternative dispute resolution procedures in which the parties engage voluntarily or by private agreement.” SCR 42(1)(b). Although the rule and exception have some ambiguity, I believe that, at a minimum, an attorney desiring to participate in a Nevada arbitration or mediation that has been ordered by a court should apply for pro hac vice admission.
As an Out-of-State Attorney, How Do I Make My Appearance in a Nevada State Court or Administrative Proceeding?
To apply for permission, the out-of-state attorney must meet the following conditions:
(a) The lawyer is not a member of the State Bar of Nevada;
(b) The lawyer is not a resident of the State of Nevada;
(c) The lawyer is not regularly employed in the State of Nevada;
(d) The lawyer is not engaged in substantial business, professional, or other activities in the State of Nevada;
(e) The lawyer is a member in good standing and eligible to practice before the bar of any jurisdiction of the United States; and
(f) The lawyer associates an active member in good standing of the State Bar of Nevada as counsel of record in the action or proceeding.
The granting or denial of a motion to associate counsel under SCR 42 rule is discretionary. And The court, arbitrator, mediator, or administrative or governmental hearing officer may revoke the authority of the person permitted to appear as counsel under SCR 42 to make continued pro hac vice appearances. SCR 42(6).
During the proceeding, the out-of-state attorney must renew his or her pro hac vice admission annually by paying the applicable fee to the State Bar of Nevada. SCR 42(9).
SCR 42(16) states that “[t]he Nevada attorney of record shall be responsible for and actively participate in the representation of a client in any proceeding that is subject to this rule.” In addition, “[t]he Nevada attorney of record shall be present at all motions, pre-trials, or any matters in open court unless otherwise ordered by the court.”
As an Out-of-State Attorney, How Do I Make an Appearance in Nevada Federal Court?
- The attorney is not a member of the State Bar of Nevada
- The attorney is not a resident of the State of Nevada
- The attorney is not regularly employed in the State of Nevada;
- The attorney is a member in good standing and eligible to practice before the bar of another jurisdiction of the United States; and
- The attorney associates an active member in good standing of the State Bar of Nevada as attorney of record in the action or proceeding.
Per Local Rule IA 11-2(d), the resident attorney must have authority to sign binding stipulations. Unless the court orders otherwise, the resident attorney need not personally attend all proceedings in court.