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    When can the Nevada State Bar impose discipline and suspend your license?

    Licensed attorneys face disciplinary action by the Nevada State Bar for:

    If you are accused of misconduct, you have the right to a trial-like hearing in front of the Bar’s Disciplinary Board. If the Board finds against you, the Board can impose either:

    • a reprimand,
    • a fine,
    • a license suspension, or
    • disbarment

    You may have your own legal counsel represent you at disciplinary hearings. The Nevada Supreme Court automatically reviews the case if the Board recommends a reprimand, suspension, or disbarment.

    In this article, our Las Vegas criminal defense attorneys discuss:

    Male attorney next to scale of justice

    Attorneys accused of committing malpractice face disciplinary action by the State Bar.

    1. How does the Nevada State Bar Disciplinary Board work?

    The Nevada State Bar has two Disciplinary Boards tasked with conducting disciplinary hearings and imposing penalties. The Northern Nevada Disciplinary Board usually meets in Reno, and the Southern Nevada Disciplinary Board usually meets in Las Vegas.

    Each disciplinary board consists of at least 35 licensed Nevada attorneys and at least 12 non-lawyers, all appointed by the Board of Governors. These board members may serve up to four terms of three years each.1

    2. Can I apply to be a Nevada attorney with a criminal record?

    Yes, though the Bar may deny admission to you depending on the nature of your criminal records. The Bar does not specify which crimes — if any — automatically bar you from becoming a lawyer.

    The Bar requires applicants to disclose their entire criminal history, including arrests that did not result in a conviction. Predictably, the more serious the offense, the more likely the Bar will deny admission. The Bar may also request additional information to determine whether the applicant has been rehabilitated.2

    3. What crimes or misconduct trigger disciplinary action?

    Two categories of misbehavior can trigger disciplinary actions against you by the State Bar:

    1. Any criminal conviction;
    2. And any alleged violation of Nevada’s Rules of Professional Conduct for attorneys.

    3.1. Crimes

    The Nevada State Bar distinguishes between “serious crimes” and non-serious crimes. Serious crimes include:

    • felonies,
    • any crime less than a felony that adversely reflects on your fitness to practice law, or
    • any crime less than a felony that involves either:
      • improper conduct as an attorney,
      • interference with the administration of justice,
      • false swearing,
      • misrepresentation,
      • fraud,
      • willful failure to file an income tax return,
      • deceit,
      • bribery,
      • extortion,
      • misappropriation,
      • theft, or
      • an attempt or a conspiracy or solicitation of another to commit a “serious crime.”

    If an attorney gets convicted of a “serious crime,” the Nevada State Bar can summarily suspend an attorney’s license upon filing a petition with the Nevada Supreme Court. (The Court can reverse the suspension if the accused attorney shows “good cause.”) The Bar will also schedule a disciplinary hearing to determine the extent of discipline to be imposed.

    If an attorney gets convicted of a non-serious crime, the state supreme court has the discretion to refer the matter to the Disciplinary Board. If the non-serious crime pertains to the accused attorney’s fitness to practice law, the Supreme Court can issue an order to show cause: This would require the accused attorney to demonstrate why the Court should not impose an immediate temporary suspension pending the disciplinary hearing.

    (Go down to section 5 for more information about disciplinary hearings.)

    3.2. Misconduct

    The Nevada Rules of Professional Conduct have hundreds of rules. Examples of professional misconduct that could trigger disciplinary actions include:

    • neglecting to follow fee-splitting procedures with other attorneys,
    • violating the Bar’s advertising rules,
    • charging a contingency fee in a criminal defense case or a family law case,
    • violating client confidentiality,
    • representing a client even though there is a conflict of interest, and the client did not give informed consent in writing, and
    • sending targeted advertisements to personal injury victims in violation of the Rules of Professional Conduct (“ambulance-chasing”)

    If you are convicted of any crime other than minor traffic violations, you are required to inform the bar within 30 days of the conviction. Failing to inform the bar within the required time frame is itself misconduct and grounds for disciplinary action.3

    When the Bar learns of your alleged misconduct, it will commence disciplinary proceedings. Scroll down to the next section to learn more.

    4. What happens if there is a complaint made against me?

    The Nevada State Bar’s Office of Bar Counsel reviews all informal complaints (“grievance files”) made against attorneys, usually within 10 business days of receipt. Bar Counsel may then contact you requesting you to respond in writing to the allegations within another 10 business days.

    Depending on your response, Bar Counsel may initiate an investigation. The length of the investigation turns on the circumstances of the allegations. Once the investigation is concluded, Bar Counsel may make either of the following six recommendations:

    1. issuing a dismissal with prejudice (meaning that the Bar is dropping the matter against you for good),
    2. issuing a dismissal without prejudice (meaning that the Bar is dropping the matter against you but may reconsider the matter if new evidence is presented),
    3. referring you to a diversion or mentoring program (such as rehabilitation for drugs or alcohol),
    4. issuing a letter of caution,
    5. issuing a letter of reprimand, or
    6. filing a written complaint for further, formal proceedings

    All Bar Counsel decisions are automatically reviewed by one of the Disciplinary Board’s “screening panels,” comprised of two lawyers and one non-lawyer. By majority they approve, reject, or modify the recommendation.

    If you are issued letters of reprimand, you have 14 days to reply with an objection. If you object, then the Board will set the matter for a hearing. If you do not respond in time, then the reprimand is final and may not be appealed.4

    4.1. Formal Complaints

    Formal complaints by the Bar against you must clearly enumerate all the charges as well as the underlying conduct supporting the conduct. In most cases, you are allowed to keep your bar license pending the resolution of the matter.

    Once the Bar serves the complaint on you, you have 20 days to answer it. You may have an additional 20 days to answer it for good cause shown or if the Bar stipulates to the extension. You may hire private legal counsel to help compose the response.

    In the event that you never answer the complaint, the Bar will deem that you admitted to the charges. However, you can later attempt to set aside the judgment if you can show the reason was

    • mistake,
    • inadvertence,
    • surprise, or
    • excusable neglect.

    Within 30 days of receiving your response (or of the deadline for receiving the response), the Bar will assign the manner to a hearing panel. The panel must then hold a disciplinary hearing within 45 days and give you 30 days’ notice of the date, time, and location. For good cause shown, the hearing panel may postpone the hearing for up to 90 more days.

    Scroll down to the next section for information on State Bar disciplinary hearings.5

    Attorney behind laptop looking upset

    Attorneys must inform the bar if they are convicted of a crime other than a minor traffic violation.

    5. What happens at a State Bar disciplinary hearing?

    Disciplinary hearings by a Nevada State Bar Disciplinary Board resemble trials:

    • You may be represented by another lawyer;
    • both you and the Office of Bar Counsel may present arguments and evidence; and
    • both you and the Office of Bar Counsel may cross-examine witnesses.

    The Disciplinary Board’s hearing panel can have either three or five members. When the hearing is over, the hearing panel will deliberate. The standard of proof in disciplinary hearings is “by clear and convincing evidence.” (This is a little lower than the standard of proof in criminal trials, which is “beyond a reasonable doubt.”)

    A majority of the hearing panel members must find against you in order to impose discipline. So if the hearing panel has three members, two must find against you by clear and convincing evidence. If the panel has five members, three must find against you by clear and convincing evidence.

    The hearing panel must render a written decision within 30 days of the hearing. Though if you or Bar Counsel requests post-hearing briefs, then the deadline to render a decision is extended to 60 days.6

    5.1. Forms of Discipline

    If the hearing panel finds against you, it may impose the following forms of discipline:

    • disbarment
    • suspension of your bar license (a suspension of 6 months or less does not require proof of rehabilitation in order to get reinstated; a suspension of more than 6 months does require proof of rehabilitation to be demonstrated in order to get reinstated);
    • temporary restraining orders regarding funds;
    • public reprimand or letter of reprimand, with or without conditions, including but not limited to restitution, a fine, or both a reprimand and a fine; or
    • letter of caution, which is a dismissal but cautions you regarding specific conduct and/or disciplinary rules.

    5.1.1. Aggravating circumstances

    When determining what level of discipline to impose, the hearing panel may consider aggravating circumstances. Possible aggravating circumstances that may justify harsher discipline include:

    • you acted in bad faith, dishonestly, or selfishly,
    • you had prior disciplinary offenses,
    • the victim was vulnerable,
    • you refused to take responsibility,
    • you submitted false evidence, and/or
    • you had substantial legal experience and should have known better

    5.1.2. Mitigating circumstances

    When determining what level of discipline to impose, the hearing panel may also consider mitigating circumstances. Possible mitigating circumstances that may justify laxer discipline include:

    • you had no prior disciplinary record, or the prior offenses were remote,
    • you acted in good faith,
    • you had personal or emotional problems,
    • you were inexperienced in practicing law,
    • you had a good reputation,
    • you showed remorse, and/or
    • you suffered from addiction

    Note that it is not a mitigating circumstance if the victim in the case withdrew their grievance, never complained, or recommended a lax sanction, or if you resigned prior to the hearing.

    5.1.3. Prior convictions

    Note that if the hearing concerns a serious crime that you have already been convicted of, the hearing panel cannot dismiss the matter. Instead, it will only deliberate about the extent of the appropriate disciplinary punishments.7

    5.2. Appealing the Bar’s decision

    After the Nevada Bar serves you with the hearing panel’s decision, you have 30 days to appeal the decision to the Nevada Supreme Court. However, the Supreme Court automatically reviews any decisions recommending a public reprimand, suspension, or disbarment.

    If the hearing panel recommended disbarment, you may be able to petition for only a temporary suspension of your license pending the Supreme Court’s decision.

    Once the Supreme Court receives the record of the case from the State Bar, you have 30 days to submit an opening brief, and the court may schedule an oral argument. If you do not file a brief, the Court will consider the matter without briefs or an oral argument.8

    6. Can I go to jail for practicing law without a license?

    It is a possibility, though judges typically impose only a fine for a first offense. The penalties increase with each successive offense of the unauthorized practice of law:9

    Unauthorized Practice of Law in Nevada

    Penalties
    1st offense within 7 years misdemeanor:

    • up to $1,000 in fines, and/or
    • up to 6 months in jail
    2nd offense within 7 years gross misdemeanor:

    • up to $2,000 in fines, and/or
    • up to 364 days in jail
    Subsequent offense within 7 years category E felony:

    Probation and suspended sentence, though the judge may impose the following if you have at least two prior felony convictions:

    • 1 – 4 years in Nevada State Prison, and
    • up to $5,000 in fines (at the judge’s discretion)

    If you are accused of practicing law with no license, you may also face related charges such as obtaining money by false pretenses or federal bank fraud. You may also face civil suits from alleged victims. Depending on the case, potential causes of action include:

    • breach of contract,
    • fraud,
    • unjust enrichment, and/or
    • legal malpractice

    Learn more in our article on the unlawful practice of law.

    7. Other occupational licenses in Nevada

    7.1. Contractors (Builders)

    Licensed contractors face disciplinary actions for doing substandard work or engaging in unprofessional conduct or criminal activity. Learn more in our article on disciplinary proceedings and license revocations for contractors.

    7.2 Real Estate Brokers and Salespeople

    The Nevada Real Estate Commission can suspend or revoke the licenses of real estate brokers or salespeople who commit certain crimes or types of misconduct. Learn more in our article on disciplinary proceedings and license revocations for real estate brokers and salespeople.

    7.3 Nursing

    Nurses and nursing assistants are disciplined by the Nevada Nursing Board for committing crimes or misconduct. Learn more about Nursing license revocations and suspensions.

    7.4. Doctors

    The Nevada Board of Medical Examiners adopts regulations, holds disciplinary hearings, and imposes penalties for misconduct by doctors, physician assistants, and respiratory care specialists. Learn more about medical license revocations and suspensions.

    7.5. Dentists

    The Nevada Dental Board can revoke the licenses of dentists and dental hygienists for crimes of moral turpitude or unprofessional conduct. See more in our article on license revocations or suspensions for dentists.

    7.6. Accountants

    CPAs jeopardize their licenses for committing certain crimes or professional misconduct. Learn more in our article about disciplinary proceedings and license suspensions for accountants.

    7.7. Social Workers

    Social workers may be disciplined by the State Board of Examiners for Social Workers as punishment for having a serious criminal record or committing misconduct. Go to our article about suspending or revoking social worker’s licenses.

    7.8 Teachers

    Nevada educators can have their license suspended or revoked for convictions of felonies, crimes involving moral turpitude, or sex offenses with pupils. Go to our article about disciplinary actions against teachers.

    Attorney exiting courtroom after victory

    Accused attorneys may have an attorney represent them at Nevada disciplinary hearings.

    Additional resources

    For more information re. attorney discipline in Nevada, refer to the following:

    Legal References:

    1. Disciplinary Rules of Procedure.
    2. Nevada Supreme Court Rule 52.
    3. Nevada Supreme Court Rule 11.
    4. Nevada Supreme Court Rule 105.
    5. Id.
    6. Id.
    7. Nevada Supreme Court Rule 102, 102.5, 111.
    8. Nevada Supreme Court Rule 105.
    9. NRS 7.285.

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