Limited scope representation

1. “Limited scope representation” may be commenced either by: (a) An attorney entering into a private agreement with a person involved in a court proceeding that creates an attorney-client relationship where the attorney and the person seeking legal services have agreed that the scope of legal services will be limited to specific tasks that the attorney will perform for the person. The creation of a limited scope agreement shall be in writing and shall not bind the court or limit the court’s ability to deny a request to withdraw as attorney except as provided by this rule; or (b) An attorney seeking leave of court to engage in limited scope representation in the permitted cases described in subsection 2 may do so as long as the appearance meets all of the requirements of this rule. The attorney engaging in limited scope representation shall clearly and with particularity describe the specific tasks that the attorney will perform on the record. If consent is given orally on the record in court, the limited scope attorney shall file the Notice of Limited Scope Representation no later than 48 hours after the hearing. 2. Limited scope representation shall be permitted in the following areas: divorce, annulments, dissolution of domestic partnerships, separate maintenance, child custody, paternity, child support, minor name change petitions, guardianships pursuant to NRS Chapter 159 or NRS Chapter 159A , and protection orders issued pursuant to NRS Chapter 33 . 3. An attorney who contracts with a person involved in a court proceeding to limit the scope of representation shall: (a) File a Notice of Limited Scope Representation, in a form substantially similar to Form 1 in the Appendix of Forms, signed by both the attorney and the limited scope party, with the court stating: (1) The scope of the limited representation with particularity, including a list of the specific services the attorney will perform; (2) That any other party or their attorney is authorized and required to serve the limited scope party directly with any pleadings or papers filed with the court; and (3) That the opposing party or their attorney may communicate directly with the limited scope party for matters not stated in the scope of representation to the extent not otherwise prohibited. (b) Notify the court of that limitation at the beginning of each hearing in which the attorney appears and identify pleadings filed on behalf of the limited scope party in the signature block that the attorney is acting in a limited scope representation. 4. Service of all papers after the filing of a notice of limited scope appearance as provided in this rule must be made upon both the attorney making such limited scope appearance and the party on whose behalf the appearance is made. The limited scope party must be added to any electronic filing system utilized by the court and included in any electronic service list for service of papers or pleadings. The attorney must take all necessary steps to notify the court or register the party for electronic service to effectuate the requirements of this provision. 5. The court may make any further additions or revisions to the limited scope representation as necessary to conclude or resolve any matter or hearing subject to the limited scope representation. 6. An attorney who contracts with a party to limit the scope of representation, or is given leave by the court to act in a limited capacity, shall be permitted to withdraw only upon order of the court. (a) The attorney shall file a Notice of Completion of Services in Limited Scope Representation, in a form substantially similar to Form 2 in the Appendix of Forms, containing a statement that: (1) All services required by the agreement and the court are complete, including any post-hearing settlement discussions and preparation or review of the hearing order; (2) Lists all the services completed; (3) Identifies the name of successor counsel or the address, email address, and telephone number of the party acting in proper person; and (4) Notifies the party subject to the limited scope representation and all other interested parties that they shall have 7 days to file an objection to withdrawal stating the reasons for the objection and requesting a hearing. (b) The party subject to the limited scope representation and all other interested parties shall have 7 days to file an objection to withdrawal stating the reasons for the objection and requesting a hearing. (c) The Notice of Completion of Services in Limited Scope Representation must be served upon the party subject to the limited scope representation and all other parties to the action. (d) The limited scope attorney shall then be allowed to withdraw from the matter if no objection is filed and the court determines the services in the limited scope representation are complete. 7. If the attorney fails to comply with these requirements: (a) The attorney shall be deemed to have made a general appearance and shall be responsible for all aspects of the case until order of the court. (b) The court may, on motion or on its own, order sanctions, including a requirement that the party failing to comply pay the reasonable expenses, including attorney fees, caused by the failure, unless the failure was substantially justified or other circumstances make an award of expenses unjust. 8. Nothing in this rule shall prevent an attorney acting in a limited scope from otherwise withdrawing on order of the court pursuant to RPC 1.16 prior to the completion of the limited scope of services. 9. These rules are adopted to facilitate a pilot program with respect to the provision by attorneys of unbundled legal services in Nevada. These rules take effect November 1, 2022, and shall expire on November 1, 2024, unless further extended by the court. 10. The provisions of these pilot rules apply in every judicial district; to the extent a district has preexisting rules concerning unbundled representation, those rules do not apply to representation undertaken after and during the effective period of these pilot rules. To that extent, D.C.R. 5 is suspended. [Added; effective November 1, 2022.]