Membership in state bar; classes; resignation; membership fees; penalties for nonpayment of fees; register of members

[Effective through December 30, 2027.] 1. Classes. Members of the state bar shall be divided into four classes: (a) Active members admitted to practice in any jurisdiction 5 years or more. (b) Active members who are also members of the federal judiciary, regardless of years of admission to practice in any jurisdiction. (c) Active members admitted to practice in any jurisdiction less than 5 years. (d) Inactive members. 2. Active practice in Nevada. Every person actively engaged in the practice of law in this state shall enroll as an active member. Every active member admitted shall, within 4 weeks, enroll in the Transitioning into Practice (TIP) program, certify exemption from TIP, or request deferment. Completion of TIP, pursuant to the guidelines established by the Standing Committee on Transitioning into Practice, shall be by December 31 of the first full calendar year following admission. (a) Exemption. Members may certify exemption from TIP based on prior practice in another jurisdiction, full-time employment as a staff attorney at a court for a period of not less than 5 years, or current residency as set forth in the Mentor Program Manual. (b) Deferral. Active members who are unemployed, staff attorneys at a court, or judicial law clerks may request deferral from TIP until they begin practicing, at which time they must enroll in the next available TIP cycle, unless exempt from TIP under Rule 93(2)(a). The Standing Committee on Transitioning into Practice may grant deferrals for judicial law clerks for up to 2 years from the date of admission. (c) Penalty for noncompliance. An attorney subject to this rule who fails to timely comply with its provisions shall be subject to suspension and a $250 fine upon order of the board of governors from membership in the state bar until compliance with the requirements of this rule is met. (d) Conflicts and confidentiality in outside mentoring. An outside mentoring relationship exists when the mentoring lawyer and new lawyer are not members of the same law firm or organization. (1) The mentoring lawyer may provide, or the new lawyer may seek, short-term limited guidance or counsel, within the mentoring relationship, without expectation by either lawyer or the new lawyer’s client(s) that a lawyer-client relationship has been formed or that representation is being provided in the matter by the mentoring attorney. (2) Where practical, the mentoring lawyer and the new lawyer shall discuss client-specific issues in hypothetical terms. If hypothetical terms are not practical under the circumstances as determined by the lawyers, Nevada Rule of Professional Conduct 1.6(b)(4) applies. 3. Active practice in other jurisdictions. Members of the state bar residing in other jurisdictions and engaging in the practice of law therein may enroll as inactive members of the state bar if they are not actively engaged in the practice of law in this state. 4. Inactive status. Any member of the state bar who is not actively engaged in the practice of law in this state, upon written request, may be enrolled as an inactive member. No member of the state bar actively engaged in the practice of law in this state, or holding any judicial office in this state, or occupying a position in the employ of or rendering any legal service for an active member, or occupying a position where he or she is called upon to give legal advice or counsel or examine the law or pass upon the legal effect of any act, document or law in this state, shall be enrolled as an inactive member. Law clerks and staff attorneys of the supreme court, and law clerks and legal assistants employed by the state and federal courts, who are precluded by their employers from actively engaging in the practice of law, may enroll as inactive members. Active members who retire from practice shall be enrolled as inactive members at their request. Inactive members shall not be entitled to hold office or vote. They may, on application and payment of all registration fees required, become active members. Inactive members shall have such other privileges, not inconsistent with these rules, as the board of governors may provide. 5. Resignation. (a) By members in general. Any member of the state bar who is not actively engaged in the practice of law in this state, upon written application on a form approved by the state bar, may resign from membership in the state bar if the member: (1) has no discipline, fee dispute arbitration, or clients’ security fund matters pending; and (2) is current on all membership fee payments and other financial commitments relating to the member’s practice of law in Nevada. Such resignation shall become effective when filed with the state bar, accepted by the board of governors, and approved by the supreme court. (b) By members with pending disciplinary charges. A member of the state bar against whom disciplinary charges are pending may tender a written application resigning from membership in the state bar and relinquishing the right to practice law. No such resignation shall become effective unless and until ordered by the supreme court after consideration and recommendation by bar counsel. (c) Resignation is irrevocable. A member who has resigned may return to the practice of law in Nevada by making application as a new admittee, subject to the provisions of these rules and applicable law, including the requirements that the resigned member: (1) demonstrates that he or she is of good moral character and willing and able to abide by the high ethical standards required of attorneys and counselors at law; and (2) takes and passes the Nevada State Bar Examination. (d) State bar’s continuing jurisdiction. The state bar shall retain jurisdiction to investigate and take action with respect to matters involving a past member’s conduct prior to the member’s resignation from the state bar. (e) Notice. An attorney who resigns must comply with Rule 115. If the attorney fails to do so, then the state bar shall proceed under Rule 118. The state bar shall also comply with Rule 121.1. 6. Transfer from active to inactive member. An active member, if in good standing, may be enrolled as an inactive member upon written request, and there shall be no rebate of any membership fee after March 1 of the year in which such request is filed. 7. Transfer from inactive to active member. An inactive member, if in good standing, may be enrolled as an active member upon written request. Upon the filing of such request and the payment of a $1 registration fee and the full annual membership fee for an active member, for the current calendar year, less any membership fee paid by him or her as an inactive member for such year, the applicant shall be immediately transferred from the inactive to the active roll. 8. Rights of inactive members. An inactive member may attend the annual and special meetings and participate in any debates at such meetings, may be appointed by the board of governors upon any committee other than a local administrative committee, and may be employed in a clerical position by the state bar. 9. Membership fees. Subject to approval by the supreme court, the board of governors shall have the power to fix annual membership fees. The annual membership fees are: Active members admitted to practice in any jurisdiction 5 years or more. $450 Active members who are also members of the federal judiciary, regardless of years of admission to practice law in any jurisdiction...................................................................................................... $100 Active members admitted to practice in any jurisdiction less than 5 years $250 Inactive members................................................................................................. $125 10. Payment of fees. Membership fees cover the calendar year and shall be due on January 1 of each year and shall be payable by those already members of the state bar on or before March 1 in each year. Membership fees shall be due and payable by those admitted to practice at the time of admission and registration. No part of the membership fee shall be apportioned to fractional parts of the year, and no part of the membership fee shall be rebated by reason of death, resignation, suspension or disbarment. 11. Delinquent fees. On March 2 of each year, a penalty shall attach to all delinquent membership fees as follows: Membership Category Penalty Amount Active............................................................................................................... $100.00 Inactive............................................................................................................... $50.00 12. Suspension for failure to pay fees. Any member, active or inactive, failing to pay any fees after the same become due, and after 2 months’ written notice of his or her delinquency, must be suspended from membership in the state bar, but may be reinstated upon the payment of accrued fees and such penalties as may be imposed by the board of governors, not exceeding double the amount of the delinquent fees. All fees shall be paid into the treasury of the state bar, and when so paid shall become part of its funds. Upon the expiration of a period of 70 days after the date of mailing the notice provided in these rules, the executive director shall deliver to the board of governors a list of all members who have failed to make the required payment, with proof of the mailing of the notice to them. The board of governors shall make an order suspending the delinquent members, and a certified copy of such order thereupon shall be filed with the clerk of the supreme court and with the county clerk of each county. A member who is suspended for failure to pay dues must comply with Rule 115. If the member fails to comply with Rule 115, then the state bar shall proceed under Rule 118. The state bar shall also comply with Rule 121.1. 13. Reinstatement after fee suspension. Whenever a member so suspended for nonpayment of membership fees has paid all accrued fees and penalties, the executive director may reinstate him or her as a member of the state bar, and shall thereupon certify his or her reinstatement to the clerk of the supreme court and to the county clerk of each county. The state bar shall also comply with Rule 121.1. 14. Membership records. The state bar under the direction of the executive director shall maintain a database and other records of the membership of the state bar. In appropriate places therein, entries shall be made showing the address of each member, date of admission and category of membership, date of transfer from one category to another, if any, date and period of suspension, if any, and such other useful data as the board of governors may from time to time require each member to furnish. Every member shall at a minimum furnish the following information to the state bar in whatever form requested: (a) Surname and given name or names. (b) All information and disclosures required by Rule 79. (c) When admitted to practice in Nevada, giving date. (d) Places and dates of practice prior to admission in Nevada (city and state). (e) Date and place of birth. If not born in the United States, stating when and where naturalized. (f) If admitted to U.S. District Court, U.S. Circuit Court of Appeals, or U.S. Supreme Court. (g) Membership, if any, in bar associations, giving name of each. (h) Whether ever disbarred, and if so, when and where, and when readmitted. (i) Whether any disbarment or other proceedings of a like nature have ever been instituted against him or her, or whether by resignation, withdrawal or otherwise the member has terminated or attempted to terminate his or her office as an attorney, and, in either or any of the cases above referred to, giving full particulars. 15. Exemption from payment of fees. A person licensed to practice law in this state who has reached the age of 70 years, shall be exempted from the payment of annual membership fees commencing with the calendar year succeeding the year in which the member reaches age 70. [Amended; effective July 1, 2021.]