[Rev. 11/21/2013 8:56:09 AM--2013]

CHAPTER 7 - ATTORNEYS AND COUNSELORS AT LAW

GENERAL PROVISIONS

NRS 7.030               Prerequisites to receiving license to practice law. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 7.030               Prerequisites to receiving license to practice law. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 7.034               Payment of child support: Statement by applicant for license; grounds for denial of license; duties of Supreme Court. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 7.037               Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 7.039               Renewal of license: Application to include information relating to state business license; denial of renewal for unpaid debt assigned to State Controller for collection. [Effective January 1, 2014.]

NRS 7.045               Unlawful solicitation of legal business; penalty.

NRS 7.055               Duty of discharged attorney to deliver certain materials to client; enforcement; adjudication of claims to materials.

NRS 7.065               Representation of indigent persons by attorneys in public employment.

NRS 7.075               Duties of attorney upon death of client being represented in pending action; sanctions.

NRS 7.085               Payment of additional costs, expenses and attorney’s fees by attorney who files, maintains or defends certain civil actions or extends civil actions in certain circumstances.

NRS 7.095               Limitations on contingent fees for representation of persons in certain actions against providers of health care.

NRS 7.105               Persons prohibited from defending persons charged with violations of ordinances or state laws.

NRS 7.107               Attorney acting as real estate broker: Duties; penalties; license.

APPOINTED DEFENSE COUNSEL IN CRIMINAL PROCEEDINGS

NRS 7.115               Appointment of attorney other than public defender prohibited unless public defender disqualified.

NRS 7.125               Fees of appointed attorney other than public defender. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 7.125               Fees of appointed attorney other than public defender. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 7.135               Reimbursement for expenses; employment of investigative, expert or other services.

NRS 7.145               Claim for compensation and expenses.

NRS 7.155               Payment of compensation and expenses from county treasury or money appropriated to State Public Defender.

NRS 7.165               Payment of compensation and expenses by defendant.

NRS 7.175               Compensation and expenses on new trial.

STATE BAR OF NEVADA

NRS 7.275               Continuation as public corporation; powers; rules of Supreme Court.

NRS 7.285               Unlawful practice of law; criminal penalties; initiation of civil action by State Bar of Nevada.

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GENERAL PROVISIONS

      NRS 7.030  Prerequisites to receiving license to practice law. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Each person, before receiving a license to practice law, shall:

      (a) Take, before a person authorized by the laws of this state to administer oaths, the oath prescribed by rule of the Supreme Court.

      (b) Pay to the Clerk of the Supreme Court the sum of $25. The Clerk of the Supreme Court shall remit the fees to the State Treasurer as provided by subsection 7 of NRS 2.250. The money received by the State Treasurer pursuant to this paragraph must be placed in the State General Fund.

      (c) Submit to the State Bar of Nevada a complete set of his or her fingerprints and written permission authorizing the Admissions Director of the State Bar of Nevada to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      2.  An application for a license to practice law must include the social security number of the applicant.

      [6:6:1861; A 1871, 148; 1873, 114; B § 889; BH § 2534; C § 2617; RL § 503; NCL § 596]—(NRS A 1957, 13; 1959, 22; 1985, 1208; 1997, 1260, 2034; 1999, 520)

      NRS 7.030  Prerequisites to receiving license to practice law. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]  Each person, before receiving a license to practice law, shall:

      1.  Take, before a person authorized by the laws of this state to administer oaths, the oath prescribed by rule of the Supreme Court.

      2.  Pay to the Clerk of the Supreme Court the sum of $25. The Clerk of the Supreme Court shall remit the fees to the State Treasurer as provided by subsection 7 of NRS 2.250. The money so received by the State Treasurer must be placed in the State General Fund.

      3.  Submit to the State Bar of Nevada a complete set of his or her fingerprints and written permission authorizing the Admissions Director of the State Bar of Nevada to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      [6:6:1861; A 1871, 148; 1873, 114; B § 889; BH § 2534; C § 2617; RL § 503; NCL § 596]—(NRS A 1957, 13; 1959, 22; 1985, 1208; 1997, 1260, 2034, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 7.034  Payment of child support: Statement by applicant for license; grounds for denial of license; duties of Supreme Court. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An applicant for the issuance or renewal of a license to practice law in this State shall submit to the Supreme Court the statement prescribed by the Division of Welfare and Supportive Services the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Supreme Court shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Supreme Court.

      3.  A license to practice law in this State may not be issued or renewed by the Supreme Court if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Supreme Court shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2033)

      NRS 7.037  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Supreme Court receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a license to practice law in this State, the Supreme Court shall deem the license issued by the Supreme Court to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Supreme Court receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person to whom the license was issued stating that the person to whom the license was issued has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Supreme Court shall reinstate a license to practice law that has been suspended by a district court pursuant to NRS 425.540 if:

      (a) The Supreme Court receives a letter issued by the district attorney or other public agency to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

      (b) The person whose license was suspended pays any fees imposed by the Supreme Court for the reinstatement of a suspended license.

      (Added to NRS by 1997, 2034)

      NRS 7.039  Renewal of license: Application to include information relating to state business license; denial of renewal for unpaid debt assigned to State Controller for collection. [Effective January 1, 2014.]

      1.  If the Supreme Court adopts the rules described in NRS 2.123, the State Bar of Nevada shall:

      (a) Require a person applying for the renewal of a license to practice law to include in the application submitted to the State Bar of Nevada:

             (1) Whether the applicant has a state business license; and

             (2) If the applicant has a state business license, the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS; and

      (b) Not renew a license to practice law if:

             (1) The applicant fails to submit the information required by paragraph (a); or

             (2) The State Controller has informed the State Bar of Nevada pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

                   (I) Satisfied the debt;

                   (II) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

                   (III) Demonstrated that the debt is not valid.

      2.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2013, 2722, effective January 1, 2014)

      NRS 7.045  Unlawful solicitation of legal business; penalty.

      1.  Except as otherwise provided in this section, it shall be unlawful for a person, in exchange for compensation, to solicit a tort victim to employ, hire or retain any attorney at law:

      (a) At the scene of a traffic accident that may result in a civil action; or

      (b) At a county or city jail or detention facility.

      2.  It is unlawful for a person to conspire with another person to commit an act which violates the provisions of subsection 1.

      3.  This section does not prohibit or restrict:

      (a) A recommendation for the employment, hiring or retention of an attorney at law in a manner that complies with the Nevada Rules of Professional Conduct.

      (b) The solicitation of motor vehicle repair or storage services by a tow car operator.

      (c) Any activity engaged in by police, fire or emergency medical personnel acting in the normal course of duty.

      (d) A communication by a tort victim with the tort victim’s insurer concerning the investigation of a claim or settlement of a claim for property damage.

      (e) Any inquiries or advertisements performed in the ordinary course of a person’s business.

      4.  A tort victim may void any contract, agreement or obligation that is made, obtained, procured or incurred in violation of this section.

      5.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

      6.  As used in this section, “tort victim” means a person:

      (a) Whose property has been damaged as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person;

      (b) Who has been injured or killed as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person; or

      (c) A parent, guardian, spouse, sibling or child of a person who has died as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person.

      [1:157:1929; NCL § 621] + [2:157:1929; NCL § 622]—(NRS A 1967, 528; 2013, 1497)

      NRS 7.055  Duty of discharged attorney to deliver certain materials to client; enforcement; adjudication of claims to materials.

      1.  An attorney who has been discharged by his or her client shall, upon demand and payment of the fee due from the client, immediately deliver to the client all papers, documents, pleadings and items of tangible personal property which belong to or were prepared for that client.

      2.  A client who, after demand therefor and payment of the fee due from the client, does not receive from his or her discharged attorney all papers, documents, pleadings and items of tangible personal property may, by a motion filed after at least 5 days’ notice to the attorney, obtain an order for the production of his or her papers, documents, pleadings and other property. If the court finds that an attorney has, without just cause, refused or neglected to obey its order given under this section, the court may, after notice and hearing, adjudge the attorney guilty of contempt and may fine or imprison him or her until the contempt is purged. If the court finds that the attorney has, without just cause, withheld the client’s papers, documents, pleadings or other property, the attorney is liable for costs and attorney’s fees.

      3.  An attorney who is in doubt as to the ownership of papers, documents, pleadings or other property may deposit the materials with the clerk of the court. The clerk shall immediately seal the materials to protect the privacy and privilege of the clients and interested persons and notify each interested person of the deposit. Upon a petition filed by a client or other interested person, any court shall, after giving at least 5 days’ notice to all other interested persons, adjudicate the rights of persons claiming an interest in the materials and make necessary orders under the circumstances of the case.

      (Added to NRS by 1977, 776)

      NRS 7.065  Representation of indigent persons by attorneys in public employment.  Except as otherwise provided by a specific statute, any attorney employed by the State of Nevada or any agency or political subdivision of the State may represent an indigent person in any proceeding if:

      1.  The attorney first receives the permission of his or her supervisor, if any, to represent the person in that proceeding;

      2.  The interests of the indigent person in that proceeding do not conflict with the interests of the State or the attorney’s employer;

      3.  The representation is provided through or in association with an organization that provides free legal assistance to indigent persons; and

      4.  The attorney receives no compensation for the representation.

      (Added to NRS by 1989, 201)

      NRS 7.075  Duties of attorney upon death of client being represented in pending action; sanctions.

      1.  An attorney at law who represents any person who is a party to an action pending before any court shall, within 90 days after the death of that person, file a notice of death and a motion for substitution of a party with the court and cause a copy of that notice and motion to be served upon every other party to the action.

      2.  The court may, upon motion, impose any sanctions it considers appropriate, including costs and attorney’s fees, against an attorney who fails to comply with the provisions of subsection 1.

      (Added to NRS by 1989, 504)

      NRS 7.085  Payment of additional costs, expenses and attorney’s fees by attorney who files, maintains or defends certain civil actions or extends civil actions in certain circumstances.

      1.  If a court finds that an attorney has:

      (a) Filed, maintained or defended a civil action or proceeding in any court in this State and such action or defense is not well-grounded in fact or is not warranted by existing law or by an argument for changing the existing law that is made in good faith; or

      (b) Unreasonably and vexatiously extended a civil action or proceeding before any court in this State,

Ê the court shall require the attorney personally to pay the additional costs, expenses and attorney’s fees reasonably incurred because of such conduct.

      2.  The court shall liberally construe the provisions of this section in favor of awarding costs, expenses and attorney’s fees in all appropriate situations. It is the intent of the Legislature that the court award costs, expenses and attorney’s fees pursuant to this section and impose sanctions pursuant to Rule 11 of the Nevada Rules of Civil Procedure in all appropriate situations to punish for and deter frivolous or vexatious claims and defenses because such claims and defenses overburden limited judicial resources, hinder the timely resolution of meritorious claims and increase the costs of engaging in business and providing professional services to the public.

      (Added to NRS by 1995, 1707; A 2002 Special Session, 12; 2003, 3477)

      NRS 7.095  Limitations on contingent fees for representation of persons in certain actions against providers of health care.

      1.  An attorney shall not contract for or collect a fee contingent on the amount of recovery for representing a person seeking damages in connection with an action for injury or death against a provider of health care based upon professional negligence in excess of:

      (a) Forty percent of the first $50,000 recovered;

      (b) Thirty-three and one-third percent of the next $50,000 recovered;

      (c) Twenty-five percent of the next $500,000 recovered; and

      (d) Fifteen percent of the amount of recovery that exceeds $600,000.

      2.  The limitations set forth in subsection 1 apply to all forms of recovery, including, without limitation, settlement, arbitration and judgment.

      3.  For the purposes of this section, “recovered” means the net sum recovered by the plaintiff after deducting any disbursements or costs incurred in connection with the prosecution or settlement of the claim. Costs of medical care incurred by the plaintiff and general and administrative expenses incurred by the office of the attorney are not deductible disbursements or costs.

      4.  As used in this section:

      (a) “Professional negligence” means a negligent act or omission to act by a provider of health care in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death. The term does not include services that are outside the scope of services for which the provider of health care is licensed or services for which any restriction has been imposed by the applicable regulatory board or health care facility.

      (b) “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, medical laboratory director or technician, licensed dietitian or a licensed hospital and its employees.

      (Added to NRS by 2004 initiative petition, Ballot Question No. 3; A 2011, 1510)

      NRS 7.105  Persons prohibited from defending persons charged with violations of ordinances or state laws.

      1.  Except as otherwise provided in subsections 2 and 3 and NRS 7.065:

      (a) The Attorney General and every city attorney, district attorney and the deputies and assistants of each, hired or elected to prosecute persons charged with the violation of any ordinance or any law of this State; and

      (b) The Legislative Counsel and every attorney employed in the Legislative Counsel Bureau, without the consent of the Legislative Commission,

Ê shall not, during their terms of office or during the time they are so employed, in any court of this State, accept an appointment to defend, agree to defend or undertake the defense of any person charged with the violation of any ordinance or any law of this State.

      2.  Except as otherwise provided by city charter, a city attorney and his or her deputies and assistants may defend a person in a criminal proceeding with or without compensation if:

      (a) The criminal proceeding is held in a jurisdiction outside of the jurisdiction where the attorney serves as a prosecutor;

      (b) The attorney obtains the prior consent of the defendant; and

      (c) The attorney obtains the prior consent of:

             (1) If the attorney is a city attorney, the governing body of the city for which the attorney serves as city attorney; or

             (2) If the attorney is a deputy or assistant of a city attorney, the city attorney and the governing body of the city for which the attorney serves as a deputy or assistant city attorney.

      3.  An attorney who has been appointed to prosecute a person for a limited duration with limited jurisdiction may accept an appointment or otherwise engage in private employment to defend any other person charged with the violation of any ordinance or any law of this State, unless providing the defense would result in a direct, legal or ethical conflict of interests with the attorney’s appointment to prosecute.

      (Added to NRS by 1969, 440; A 1971, 1124; 1989, 201; 1995, 406; 2001, 366)

      NRS 7.107  Attorney acting as real estate broker: Duties; penalties; license.

      1.  An attorney licensed in this State who performs the functions of a real estate broker in a real estate transaction shall comply with the standards of business ethics that apply to a real estate broker pursuant to chapter 645 of NRS, including, without limitation, such standards set forth in NRS 645.635 and 645.645.

      2.  An attorney who performs the functions of a real estate broker and who does not comply with the standards of business ethics that apply to a real estate broker as required pursuant to subsection 1 may be disciplined by the State Bar of Nevada pursuant to the rules of the Supreme Court.

      3.  The provisions of this section do not require an attorney who performs the functions of a real estate broker in a real estate transaction to obtain a license to practice as a real estate broker pursuant to chapter 645 of NRS.

      (Added to NRS by 2009, 781)

APPOINTED DEFENSE COUNSEL IN CRIMINAL PROCEEDINGS

      NRS 7.115  Appointment of attorney other than public defender prohibited unless public defender disqualified.  A magistrate, master or a district court shall not appoint an attorney other than a public defender to represent a person charged with any offense or delinquent act by petition, indictment or information unless the magistrate, master or district court makes a finding, entered into the record of the case, that the public defender is disqualified from furnishing the representation and sets forth the reason or reasons for the disqualification.

      (Added to NRS by 1975, 1156; A 1995, 921)

      NRS 7.125  Fees of appointed attorney other than public defender. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  Except as limited by subsections 2, 3 and 4, an attorney, other than a public defender, who is appointed by a magistrate or a district court to represent or defend a defendant at any stage of the criminal proceedings from the defendant’s initial appearance before the magistrate or the district court through the appeal, if any, is entitled to receive a fee for court appearances and other time reasonably spent on the matter to which the appointment is made of $125 per hour in cases in which the death penalty is sought and $100 per hour in all other cases. Except for cases in which the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, this subsection does not preclude a governmental entity from contracting with a private attorney who agrees to provide such services for a lesser rate of compensation.

      2.  Except as otherwise provided in subsection 4, the total fee for each attorney in any matter regardless of the number of offenses charged or ancillary matters pursued must not exceed:

      (a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, $20,000;

      (b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $2,500;

      (c) If the most serious crime is a misdemeanor, $750;

      (d) For an appeal of one or more misdemeanor convictions, $750; or

      (e) For an appeal of one or more gross misdemeanor or felony convictions, $2,500.

      3.  Except as otherwise provided in subsection 4, an attorney appointed by a district court to represent an indigent petitioner for a writ of habeas corpus or other postconviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, is entitled to be paid a fee not to exceed $750.

      4.  If the appointing court because of:

      (a) The complexity of a case or the number of its factual or legal issues;

      (b) The severity of the offense;

      (c) The time necessary to provide an adequate defense; or

      (d) Other special circumstances,

Ê deems it appropriate to grant a fee in excess of the applicable maximum, the payment must be made, but only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the presiding judge of the judicial district in which the attorney was appointed, or if there is no such presiding judge or if he or she presided over the court in which the representation was rendered, then by the district judge who holds seniority in years of service in office.

      5.  The magistrate, the district court or the Supreme Court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings, but the total amount of fees granted to all appointed attorneys must not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.

      [1:86:1875; A 1911, 318; 1945, 103; 1943 NCL § 11357] + [2:86:1875; BH § 2421; C § 2456; RL § 7541; NCL § 11358]—(NRS A 1963, 510; 1964, 8; 1965, 598; 1967, 1468; 1969, 478; 1973, 168; 1975, 1153; 1977, 419, 875; 1981, 874; 1983, 109, 1095; 1985, 1023, 1024; 1987, 1295; 1991, 2077; 1993, 2465; 2003, 442)

      NRS 7.125  Fees of appointed attorney other than public defender. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  Except as limited by subsections 2, 3 and 4, an attorney, other than a public defender, who is appointed by a magistrate or a district court to represent or defend a defendant at any stage of the criminal proceedings from the defendant’s initial appearance before the magistrate or the district court through the appeal, if any, is entitled to receive a fee for court appearances and other time reasonably spent on the matter to which the appointment is made of $125 per hour in cases in which the death penalty is sought and $100 per hour in all other cases. Except for cases in which the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, this subsection does not preclude a governmental entity from contracting with a private attorney who agrees to provide such services for a lesser rate of compensation.

      2.  Except as otherwise provided in subsection 4, the total fee for each attorney in any matter regardless of the number of offenses charged or ancillary matters pursued must not exceed:

      (a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, $20,000;

      (b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $2,500;

      (c) If the most serious crime is a misdemeanor, $750;

      (d) For an appeal of one or more misdemeanor convictions, $750; or

      (e) For an appeal of one or more gross misdemeanor or felony convictions, $2,500.

      3.  Except as otherwise provided in subsection 4, an attorney appointed by a district court to represent an indigent petitioner for a writ of habeas corpus or other postconviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, is entitled to be paid a fee not to exceed $750.

      4.  If the appointing court because of:

      (a) The complexity of a case or the number of its factual or legal issues;

      (b) The severity of the offense;

      (c) The time necessary to provide an adequate defense; or

      (d) Other special circumstances,

Ê deems it appropriate to grant a fee in excess of the applicable maximum, the payment must be made, but only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the presiding judge of the judicial district in which the attorney was appointed, or if there is no such presiding judge or if he or she presided over the court in which the representation was rendered, then by the district judge who holds seniority in years of service in office.

      5.  The magistrate, the district court, the Court of Appeals or the Supreme Court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings, but the total amount of fees granted to all appointed attorneys must not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.

      [1:86:1875; A 1911, 318; 1945, 103; 1943 NCL § 11357] + [2:86:1875; BH § 2421; C § 2456; RL § 7541; NCL § 11358]—(NRS A 1963, 510; 1964, 8; 1965, 598; 1967, 1468; 1969, 478; 1973, 168; 1975, 1153; 1977, 419, 875; 1981, 874; 1983, 109, 1095; 1985, 1023, 1024; 1987, 1295; 1991, 2077; 1993, 2465; 2003, 442; 2013, 1731, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 7.135  Reimbursement for expenses; employment of investigative, expert or other services.  The attorney appointed by a magistrate or district court to represent a defendant is entitled, in addition to the fee provided by NRS 7.125 for the attorney’s services, to be reimbursed for expenses reasonably incurred by the attorney in representing the defendant and may employ, subject to the prior approval of the magistrate or the district court in an ex parte application, such investigative, expert or other services as may be necessary for an adequate defense. Compensation to any person furnishing such investigative, expert or other services must not exceed $500, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is:

      1.  Certified by the trial judge of the court, or by the magistrate if the services were rendered in connection with a case disposed of entirely before the magistrate, as necessary to provide fair compensation for services of an unusual character or duration; and

      2.  Approved by the presiding judge of the judicial district in which the attorney was appointed or, if there is no presiding judge, by the district judge who holds seniority in years of service in office.

      (Added to NRS by 1975, 1155; A 1981, 875; 1983, 110; 2003, 443)

      NRS 7.145  Claim for compensation and expenses.

      1.  A claim for compensation and expenses made pursuant to NRS 7.125 or 7.135 must not be paid unless it is submitted within 60 days after the appointment is terminated to:

      (a) The magistrate in cases in which the representation was rendered exclusively before the magistrate; and

      (b) The district court in all other cases.

      2.  Each claim must be supported by a sworn statement specifying the time expended in court, the services rendered out of court and the time expended therein, the expenses incurred while the case was pending and the compensation and reimbursement applied for or received in the same case from any other source. Except as otherwise provided for the approval of payments in excess of the statutory limit, the magistrate or the court to which the claim is submitted shall fix and certify the compensation and expenses to be paid, and the amounts so certified must be paid in accordance with NRS 7.155.

      (Added to NRS by 1975, 1156; A 1977, 420; 1987, 1296)

      NRS 7.155  Payment of compensation and expenses from county treasury or money appropriated to State Public Defender.  The compensation and expenses of an attorney appointed to represent a defendant must be paid from the county treasury unless the proceedings are based upon a postconviction petition for habeas corpus, in which case the compensation and expenses must be paid from money appropriated to the Office of State Public Defender, but after the appropriation for such expenses is exhausted, money must be allocated to the Office of State Public Defender from the reserve for statutory contingency account for the payment of such compensation and expenses.

      (Added to NRS by 1975, 1155; A 1991, 90, 1750, 1825)

      NRS 7.165  Payment of compensation and expenses by defendant.  If at any time after the appointment of an attorney or attorneys the magistrate or the district court finds that money is available for payment from or on behalf of the defendant so that the defendant is financially able to obtain private counsel or to make partial payment for such representation, the magistrate or the district court may:

      1.  Terminate the appointment of such attorney or attorneys; or

      2.  Direct that such money be paid to:

      (a) The appointed attorney or attorneys, in which event any compensation provided for in NRS 7.125 shall be reduced by the amount of the money so paid, and no such attorney may otherwise request or accept any payment or promise of payment for representing such defendant; or

      (b) The clerk of the district court for deposit in the county treasury, if all of the compensation and expenses in connection with the representation of such defendant were paid from the county treasury, and remittance to the Office of State Public Defender, if such compensation and expenses were paid partly from moneys appropriated to the Office of State Public Defender and the money received exceeds the amount of compensation and expenses paid from the county treasury.

      (Added to NRS by 1975, 1155; A 1977, 420)

      NRS 7.175  Compensation and expenses on new trial.  For the purposes of compensation and other payments authorized by NRS 7.125 to 7.165, inclusive, an order by a court granting a new trial shall be deemed to initiate a new case.

      (Added to NRS by 1975, 1156)

STATE BAR OF NEVADA

      NRS 7.275  Continuation as public corporation; powers; rules of Supreme Court.

      1.  The State Bar of Nevada, a public corporation heretofore created by statute, is hereby continued under the exclusive jurisdiction and control of the Supreme Court.

      2.  The State Bar of Nevada has perpetual succession and a seal and it may sue and be sued. It may, for the purpose of carrying into effect and promoting its objectives:

      (a) Make contracts.

      (b) Own, hold, use, manage and deal in and with real and personal property.

      (c) Do all other acts incidental to the foregoing or necessary or expedient for the administration of its affairs and the attainment of its purposes.

      3.  Rules for the government of the State Bar of Nevada shall be made by the Supreme Court pursuant to NRS 2.120.

      (Added to NRS by 1963, 385)

      NRS 7.285  Unlawful practice of law; criminal penalties; initiation of civil action by State Bar of Nevada.

      1.  A person shall not practice law in this state if the person:

      (a) Is not an active member of the State Bar of Nevada or otherwise authorized to practice law in this state pursuant to the rules of the Supreme Court; or

      (b) Is suspended or has been disbarred from membership in the State Bar of Nevada pursuant to the rules of the Supreme Court.

      2.  A person who violates any provision of subsection 1 is guilty of:

      (a) For a first offense within the immediately preceding 7 years, a misdemeanor.

      (b) For a second offense within the immediately preceding 7 years, a gross misdemeanor.

      (c) For a third and any subsequent offense within the immediately preceding 7 years, a category E felony and shall be punished as provided in NRS 193.130.

      3.  The State Bar of Nevada may bring a civil action to secure an injunction and any other appropriate relief against a person who violates this section.

      (Added to NRS by 1963, 385; A 1999, 1333)