State Bar of Nevada Ethics Opinion 40, April-24-2007

• Jurisdiction: Nevada
• Opinion Number: 40
• Date: 24 April 2007
• Subject Matter: Unauthorized Practice of Law

STATE BAR OF NEVADA

STANDING COMMITTEE ON

ETHICS AND PROFESSIONAL RESPONSIBILITY

Formal Opinion No. 40

March 7, 2008

Background

The Committee has received a request for an opinion from a lawyer admitted in another

state but not in Nevada whether his representation of social security claimants in Nevada,

without first being admitted to the practice of law in Nevada, would constitute the

unauthorized practice of law in violation of the Supreme Court Rules or Rules of

Professional Conduct. The Social Security Act and the Social Security Administration’s

regulations under that act permit the representation of claimants by attorneys who are not

admitted to practice in the state in which they reside and provide such representation

Question Presented

Whether an attorney admitted to practice in another state but not in Nevada violates

Supreme Court Rule 42 and/or Rule of Professional Conduct 5.5 by representing

claimants in proceedings before the Social Security Administration conducted within the

State of Nevada.

Answer

No. The representation is permitted as an express exception to the Supreme Court Rules

and Rules of Professional Conduct generally prohibiting the unauthorized practice of law

in Nevada, but subject to the limitations prescribed thereby.

Authorities

Supreme Court Rule 42

Rule of Professional Conduct 5.5

42 U.S.C.A. § 406 (1999)

Discussion

Nevada Rule of Professional Conduct 5.5(b) provides:

A lawyer who is not admitted in this jurisdiction, but who is admitted and in good

standing in another jurisdiction of the United States, does not engage in the

unauthorized practice of law in this jurisdiction when: