Nev. Sup. Ct. R. 106.5

1. Purpose. The board of governors may establish lawyer wellness programs to assist lawyers who are suffering from a psychological disorder or impairment; a drug, alcohol, gambling, or other addictive or compulsive disorder; or issues related to mental health.

2. Definitions.

(a) The Lawyers Concerned for Lawyers (LCL) program provides confidential peer-to-peer support. A lawyer’s participation in LCL is voluntary.

(b) The Nevada Lawyer Assistance Program (NLAP) provides clinical assessment, treatment, or therapy services. Services provided through NLAP may be sought on a voluntary basis or may be ordered on condition of a diversion agreement under SCR 105.5 or may be court ordered.

3. Privilege. Individuals who make a good faith report to LCL or NLAP; the board of governors and its members, bar counsel, and staff; and the coordinator, agents, or employees of the LCL or NLAP program shall be absolutely immune from civil liability for any activities related to the LCL or NLAP program, including, but not limited to, making referrals to a counselor, therapist, medical, psychological, or behavior health care provider. No action may be predicated upon the filing of a good faith report with the LCL or NLAP program or any action taken in connection with such a filing by the coordinator, agents, or employees of the LCL or NLAP program.

4. Limited use policy. All information obtained by the LCL program or as a result of voluntary services sought from NLAP, including the initial report and any subsequent information provided to the program thereafter, shall be confidential and shall not be admissible in any state bar disciplinary, admission, administrative, or other state bar proceeding.

(a) This rule is not meant to preclude the state bar from using evidence or information that is independently discovered from a source separate from the LCL or NLAP program.

(b) This rule is not meant to preclude the state bar from requiring participation in NLAP as part of a diversion program under SCR 105.5, in which case, the attorney is subject to the rules under SCR 105.5.