State Bar of Nevada Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the State Bar of Nevada, with full citations and source links on every page.
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Is it an ethics violation for a lawyer to fail to pay a process server, filing service, or other vendor for costs incurred on a client's behalf?
The Committee concluded that a lawyer's failure to pay a third-party vendor for client costs is generally a contract matter for the courts, not an ethics violation. It becomes professional misconduct …
Can a lawyer take a security interest in a client's real property to secure payment of the lawyer's fees?
The Committee concluded that yes, but only if the lawyer satisfies the business-transaction safeguards of SCR 158(1) (now NRPC 1.8(a)): the transaction must be fair and reasonable, fully disclosed in …
Can a lawyer take out a loan from a bank to pay a client's litigation costs and have the client reimburse the loan and its interest?
The Committee concluded that yes, a lawyer may borrow from a third-party lender to fund a client's litigation costs if it is a recourse loan the lawyer is obligated to repay regardless of the case out…
Can a retainer or fee agreement give the lawyer full authority to settle the client's case without the client's approval?
The Committee concluded that no, a provision in a fee or retainer agreement delegating full and absolute settlement authority to the attorney violates NRPC 1.2(a). The decision whether to settle belon…
Can a lawyer refer a personal injury client to a company that advances money repaid out of the settlement?
The Committee concluded that it is ethically proper for an attorney to refer a personal injury client to an independent company that advances money repaid from the settlement, so long as the attorney …
What fee is a discharged contingent-fee lawyer entitled to in Nevada, and can the lawyer keep the client's file?
The Committee concluded that a contingent-fee attorney discharged without cause is entitled to a reasonable fee in quantum meruit determined at the conclusion of the case under the SCR 155 factors, an…
Can a lawyer take a contingent fee to attack a divorce property settlement in a separate action after the divorce?
The Committee concluded that even after a divorce decree has been entered, a lawyer may not take a contingent fee to represent a spouse in a later independent action seeking to rescind or alter a rela…
Can a Nevada lawyer charge a non-refundable retainer in a divorce or criminal case?
The Committee concluded that non-refundable retainer agreements are not specifically prohibited by SCR 155, but any such agreement is unethical if the fee would be unreasonable under all the circumsta…
Can a lawyer charge a reduced hourly rate plus a contingent bonus, and split the bonus with out-of-state counsel?
The Committee concluded a combined fixed/contingent fee (a reduced hourly rate plus a success bonus and a share of punitive damages) does not violate the rules so long as the total fee is not unreason…
Can a legal services nonprofit keep clients' unclaimed trust-account funds under its retainer agreement?
No. The Committee concluded a nonprofit legal services corporation cannot contract to take clients' unclaimed trust funds after three years, because that is not a reasonable fee and gives the lawyer a…
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Legal ethics opinions from the State Bar of Nevada interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.