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Does an Out Of State Attorney need Local Counsel for Nevada Arbitration?


Hi, I’m Jerry Carter with the Sierra Crest Business Law Group. If you’re watching this video, you are an attorney from somewhere other than Nevada, who needs to come to Nevada to participate in an arbitration, on behalf of one of your clients. And a question that we get, from time to time, is does a non-Nevada attorney need a local Nevada co-counsel to participate in a Nevada arbitration? And the answer is two parts. There’s a legal answer. And then there’s a practical answer.

The legal answer is that there is no mechanism or requirement for a non-Nevada attorney to pro hac VHN into a Nevada arbitration. What you’re left with is Nevada’s rule against unauthorized practice of law. And in order to satisfy that rule, you need to associate a Nevada attorney who actively participates in the case.

Now, the practical answer is that, of course, it’s going to be beneficial to your client to have the experience and knowledge of a Nevada attorney, if you’re in a Nevada arbitration. And then the other part of the practical answer is that at the beginning of the arbitration, you really just need to have a conversation with the arbitrator about how responsibilities will be divided between you and the Nevada attorney. And just make sure that the arbitrator is in agreement with your approach, in terms of meeting the act of participation requirement, and then you’re good to go.

If you have any questions about Nevada arbitrations and how you can ethically and legally participate in a Nevada arbitration, we here at the Sierra Crest Business Law Group are more than happy to answer your questions. Please give us a call, and we’ll talk you through the mechanics. And even the strategy of the arbitration. The number here is (775)-448-6070. We look forward to talking with you.