Nev. Sup. Ct. R. 49.3

1. Eligibility. Application for limited practice for law students or graduates may be made by:

(a) Students working on pro bono cases or for governmental or not-for-profit entities if enrolled in or graduated from a law school approved by the American Bar Association and supervised by a member of the State Bar of Nevada who meets the requirements of subsection 5;

(b) Students participating in a clinical or externship program while enrolled in, or completing assignments pursuant to enrollment in, a law school approved by the American Bar Association; or

(c) Students or graduates engaging in the supervised practice program as part of the comprehensive licensing examination.

2. Requirements for law students. A student applying for limited certification under this rule shall:

(a) Be certified by the dean of the student’s law school, on a form to be furnished or approved by the state bar, as being in good academic standing and having successfully completed the minimum credit hours set out in subsection 2(b).

(b) Have successfully completed legal studies amounting to:

(1) At least thirty semester credit hours, or the equivalent, to participate in the activities described in subsection 6 (“level 1 certification”); or

(2) At least forty-two semester credit hours, or the equivalent, to participate in the activities described in subsection 7 (“level 2 certification”).

(c) Apply for certification pursuant to this rule on a form to be furnished by and filed with the state bar. The application shall include the student’s written certification that the student has read and is familiar with the Model Rules of Professional Conduct of the American Bar Association and the Rules of Professional Conduct of this court and will abide by the same in the activities permitted by this rule. The filing of an application pursuant to this rule is deemed a consent by the student to be subject to all disciplinary processes of the court and the state bar. Any offense that would subject a lawyer admitted to practice law in this state to suspension or disbarment may be punished by suspension or forfeiture of the student’s privilege of taking the components of the comprehensive licensing examination and being licensed to practice law in this state.

3. Requirements for graduates. Applicants for admission to the State Bar of Nevada who have graduated from law school and who seek certification to complete the supervised practice program shall submit an official transcript showing satisfactory completion of:

(a) A J.D. degree at a law school accredited by the American Bar Association; or

(b) An equivalent law degree, as well as an application substantially similar to the one described in subsection 2(c).

4. Certification.

(a) Unless sooner withdrawn or terminated, certification under this rule shall remain in effect as long as the student or graduate remains eligible to participate in the activities permitted under this rule.

(b) For students, the certification may be withdrawn by the dean or an assistant or associate dean at any time without notice or hearing and without any showing of cause. The certification shall be withdrawn if the student ceases to be duly enrolled as a law student prior to the student’s graduation. Notice of a withdrawal of certification shall be filed with the state bar and sent to the student and the supervising lawyer.

(c) For students and graduates, the certification may be terminated by the state bar at any time without notice or hearing and without any showing of cause by sending a notice of such termination to the student or graduate, the supervising lawyer, and the student’s law school dean.

(d) For students certified under subsection 1(a) or 1(b), the certification terminates automatically six months after graduation.

(e) For students and graduates certified under subsection 1(c), certification under this rule shall remain in effect as long as the student or graduate is satisfying the requirements of the supervised practice program or is completing the cases or matters begun while participating in that program.

5. Supervision.

(a) For students certified under subsection 1(a) or 1(b), a “supervising lawyer” shall mean a lawyer or law professor licensed or certified to practice in Nevada who is:

(1) Employed by the William S. Boyd School of Law in a clinical or externship program;

(2) Affiliated with an externship program maintained by the William S. Boyd School of Law at a governmental or not-for-profit entity;

(3) Employed by a governmental or not-for-profit entity; or

(4) In private practice.

(b) For students and graduates certified under subsection 1(c), a supervising lawyer shall mean a lawyer or law professor licensed or certified to practice in Nevada who is:

(1) Employed by the William S. Boyd School of Law in a clinical or externship program;

(2) Affiliated with an externship program maintained by the William S. Boyd School of Law at a governmental or not-for-profit program;

(3) Employed by a legal aid program approved by the Access to Justice Commission or a governmental office; or

(4) In private practice if working on a pro bono case provided by an approved Access to Justice legal aid office in the State of Nevada.

(c) A supervising lawyer shall:

(1) Personally assume professional responsibility for all work undertaken by the student or graduate while under the lawyer’s supervision.

(2) Assist and counsel the student or graduate in the activities permitted by this rule and review such activities with the student or graduate, to the extent necessary for the proper training of the student or graduate and protection of the client.

(3) Read, approve, and personally sign any pleadings, briefs, or other papers prepared by the student or graduate before filing; read and approve any documents prepared by the student or graduate for execution by any person before submission to that person; and read and approve any correspondence prepared by the student or graduate before mailing.

(4) Be present for any appearance by a student or graduate before a court or administrative tribunal.

(d) In addition to the above, a supervising lawyer who is a member of the state bar in private practice shall:

(1) Be an active resident member of the state bar, and, before supervising the activities specified in subsection 7, shall have actively practiced law in Nevada as a full-time occupation for at least five years.

(2) Supervise not more than two students or graduates concurrently.

(3) Be continuously personally present throughout the activities that involve interaction with a client, or on behalf of a client involving a third party.

(4) Before commencing supervision of any student or graduate, file with the state bar a notice in writing and signed by the supervising lawyer that states the name of the student or graduate and the period during which the lawyer expects to supervise the activities of the student or graduate.

(5) Notify the state bar in writing promptly whenever supervision of the student or graduate pursuant to this rule ceases.

(e) A supervising lawyer who is employed by the William S. Boyd School of Law, a legal aid program approved by the Access to Justice Commission, or a governmental office may share supervising responsibilities with other lawyers in their organization and may supervise more than two students or graduates concurrently in doing so, so long as each such student or graduate receives the same experience as if the supervision were not shared and the supervising lawyer remains primarily responsible for all the activities of the student or graduate conducted under this rule.

6. Activities permitted under level 1 certification. A student with level 1 certification under this rule may engage in the following activities with the written consent of the client on whose behalf the student is performing the activities, and with the approval and under the supervision of a supervising lawyer:

(a) Conduct investigations and interview witnesses.

(b) Interview and counsel clients.

(c) Represent clients before legislative and administrative bodies.

7. Activities permitted under level 2 certification. A student with level 2 certification under this rule may engage in the following activities with the approval and under the supervision of a supervising lawyer:

(a) Appear in any court or before any administrative tribunal in this state on behalf of any client.

(b) Counsel and give legal advice to clients.

(c) Negotiate and mediate the settlement of claims and disputes.

(d) Prepare documents to be filed in court or with a legislative or administrative body.

(e) Prepare transactional documents such as contracts, incorporation papers and by-laws, and filings required by a state, federal, or other governmental body.

In all instances under this rule, a student or graduate and supervising attorney must have the written or electronic consent of a client on whose behalf the student or graduate is performing the activities. In civil court-referred cases such as dependency and guardianship, the consent requirement may be satisfied by the supervising attorney advising the client that a certified law student or graduate may represent them during the pendency of the case and by the supervising attorney filing a Notice of Appearance with the court noting the appearance of the supervising attorney and the student or graduate.

8. Activities permitted for law graduates. A graduate certified under subsection 1(c) of this rule may engage in the activities listed under section 7 (level 2 certification) with the approval and under the supervision of a supervising lawyer.

9. Use of student’s or graduate’s name. The name of a student or graduate certified under this rule may properly be:

(a) Signed and printed or typed on briefs, pleadings, and other similar documents on which the student or graduate has worked under the direction of the supervising lawyer if the student or graduate is clearly identified as a student or graduate certified under this rule.

(b) Signed to letters written on the supervising lawyer’s letterhead that relate to the student’s or graduate’s supervised work if the student or graduate is clearly identified as a student or graduate certified under this rule.

10. Limitations.

(a) A law student or graduate may neither ask for nor receive any compensation or remuneration of any kind directly from the client on whose behalf the law student or graduate renders service. Nor may a supervising lawyer charge a client an amount greater than that customarily charged for the lawyer’s services. This shall not prevent a lawyer, law firm, organization having an established legal department, nonprofit organization rendering legal aid to indigent persons, or public agency from paying to a law student or graduate compensation not otherwise prohibited under these rules.

(b) Nothing in this rule shall affect the right of any law student or graduate who is not admitted to practice law to engage in any legal-related services the law student or graduate might lawfully do otherwise.

11. Place of filing. All documents required to be filed with the state bar by this rule shall be filed with the admissions director of the state bar.