Nevada § 240A.240 - Prohibited acts by registrant; exceptions; penalties

§ 240A.240. Prohibited acts by registrant; exceptions; penalties

1. A registrant shall not: (a) After the date of the last service performed for a client, retain any fees or

costs for services not performed or costs not incurred. (b) Make, orally or in writing: (1) A promise of the result to be obtained by the filing or submission of any document,

unless the registrant has some basis in fact for making the promise; (2) A statement that the registrant has some special influence with or is able to

obtain special treatment from the court or agency with which a document is to be filed

or submitted; or (3) A false or misleading statement to a client if the registrant knows that the statement

is false or misleading or knows that the registrant lacks a sufficient basis for making

the statement. (c) Except as otherwise provided in subsection 3, in any advertisement or written

description of the registrant or the services provided by the registrant, or on any

letterhead or business card of the registrant, use the term “legal aid,” “legal services,”

“law office,” “notario,” “notario publico,” “notary public,” “notary,” “paralegal,”

“legal assistant,” “licensed,” “licenciado,” “attorney,” “lawyer” or any similar term,

in English, Spanish or any other language, which implies that the registrant: (1) Offers services without charge if the registrant does not do so; (2) Is an attorney authorized to practice law in this State; or (3) Is acting under the direction and supervision of an attorney. (d) Represent himself or herself, orally or in writing, as a paralegal or legal assistant

which implies that the registrant is acting under the direction and supervision of

an attorney licensed to practice law in this State. (e) Except as otherwise provided in subsection 2, negotiate with another person concerning

the rights or responsibilities of a client, communicate the position of a client to

another person or convey the position of another person to a client. (f) Except as otherwise provided in subsection 2, appear on behalf of a client in

a court proceeding or other formal adjudicative proceeding, unless the registrant

is ordered to appear by the court or presiding officer. (g) Except as otherwise provided in subsection 2, provide any advice, explanation,

opinion or recommendation to a client about possible legal rights, remedies, defenses,

options or the selection of documents or strategies, except that a registrant may

provide to a client published factual information, written or approved by an attorney,

relating to legal procedures, rights or obligations. (h) Seek or obtain from a client a waiver of any provision of this chapter. Any such waiver is contrary to public policy and void. 2. The provisions of paragraphs (e), (f) and (g) of subsection 1 do not apply to a

registrant to the extent that compliance with such provisions would violate federal

law. 3. A registrant who is also a notary public appointed by the Secretary of State pursuant

to chapter 240 of NRS and in good standing with the Secretary of State may, in any advertisement or written

description of the registrant or the services provided by the registrant, use the

term “notary public.” 4. If the Secretary of State finds a registrant in violation of the provisions of

subsection 1, the Secretary of State may: (a) Suspend the registration of the registrant for not less than 1 year. (b) Revoke the registration of the registrant for a third or subsequent offense. (c) Assess a penalty of not more than $1,000 for each violation.