Rule 42.5 - Group Legal Services Activities A lawyer shall not knowingly assist a person or organization that recommends, furnishes, or pays for legal services to promote the use of his services or those of his partners or associates. However, he may cooperate in a dignified manner with the legal service activities of any of the following, provided that his independent professional judgment is exercised in behalf of his client without interference or control by any organization or other person.
1. A legal aid office or public defender office: (a) Operated or sponsored by a duly accredited law school. (b) Operated or sponsored by a bona fide nonprofit community organization. (c) Operated or sponsored by a governmental agency. (d) Operated, sponsored, or approved by a bar association representative of the general bar of the geographical area in which the association exists. 2. A military legal assistance office. 3. A lawyer referral service operated, sponsored, or approved by a bar association representative of the general bar of the geographical area in which the association exists. 4. A bar association representative of the general bar of the geographical area in which the association exists. 5. Any other organization that recommends, furnishes, or pays for legal services to its members or beneficiaries, but only when and if the following conditions are met: (a) The lawyer shall not have solicited the use of his services by the organization or its members in violation of any disciplinary rule in the Code of Professional Responsibility. (b) The organization shall not derive a profit or commercial benefit from the rendition of legal services by the lawyer. (c) A written agreement between the lawyer and the organization is in force containing provisions insuring that: (1) Any member of the organization may obtain legal services independently of the arrangement from any attorney of his choice; (2) No unlicensed person will provide legal services under the arrangement; (3) Neither the organization nor any member thereof shall interfere or attempt to interfere with the lawyer's independent exercise of his professional judgment; (4) The member to whom the legal services are rendered, not the organization, is the client of the lawyer; (5) All parties agree that in providing legal services, the lawyer must comply with all the disciplinary rules contained in the code and all other rules of the court; (6) The nature and extent of the legal services to be rendered to the members of the group are fully disclosed; (7) Any publicity given by the organization to its members will not describe the lawyer beyond giving his name, address, and telephone number and such other information as may be required to facilitate the access of a member to the services of the lawyer; and any publicity disseminated by the organization to non-members will not identify the lawyer; and (8) The agreement will be terminated in the event of any substantial violation of the foregoing provisions. (d) Such written agreement has been filed with the Supreme Court of the State of Nevada and with the state bar. (e) The lawyer shall advise the supreme court of the State of Nevada and the state bar, on forms provided by the state bar, of the following matters: the name of the group, its address, whether it is incorporated, its primary purposes and activities, the number of its members and a general description of the types of legal services offered pursuant to the written agreement. Annually on January 31, he shall report to the supreme court and the state bar, on forms provided by the state bar, any changes in such matters and the number of members of the group to whom legal services are rendered during the calendar year. Each report filed pursuant hereto and the information contained therein, except the name and address of the group, the fact that it has a written agreement for the provision of legal services, and the names of the members of the state bar providing such services, shall be confidential. (f) In the case of such an organization created or operated solely or primarily for the purpose of providing legal services, the lawyer shall not render any legal services until there has been obtained from the supreme court of the State of Nevada a certificate stating that the operation of the legal services program complies with all applicable laws and court rules and with these disciplinary rules. The certificate shall provide that it will be revoked and the lawyer will terminate his services in the event of any substantial breach of this rule or of the agreement provided for herein. The supreme court may refer any application for such certificate to the State Bar of Nevada for review and comment. Added; effective 12/6/1977.