Nev. Sup. Ct. R. 102

As amended through July 7, 2023
Rule 102 - Types of Discipline

Misconduct is grounds for:

1. Irrevocable disbarment by the supreme court.
2. Suspension by the supreme court. A suspension of 6 months or less shall not require proof of rehabilitation; a suspension of more than 6 months shall require proof of rehabilitation to be demonstrated in a reinstatement proceeding under Rule 116.
3. Temporary restraining order regarding funds.
(a) On the petition of bar counsel, supported by an affidavit alleging facts personally known to the affiant which shows that an attorney appears to be causing great harm by misappropriating funds to his or her own use, a district court of this state in the county where the attorney resides, where he or she maintains an office, or where the alleged acts occurred, may issue an order, in the same manner and under the same provisions of the Nevada Rules of Civil Procedure, not inconsistent with this rule, as a temporary restraining order is issued, which restricts the attorney in the handling of funds entrusted to him or her or over which the attorney has the power of disposition.
(b) An order entered pursuant to the preceding paragraph may also prescribe the manner in which fees or other funds received from or on behalf of clients are to be handled during the existence of the order. When served on either the attorney or a depository in which the attorney maintains an account, the order is also an injunction against withdrawals from the account except in accordance with the terms of the order. In preparing such an order, due consideration shall be given to whether the account(s) affected by it are maintained by the attorney alone or whether there are other people whose right to withdraw funds may be affected.
(c) Unless it is deemed necessary by the district court, a bond shall not be required for an order under this rule. The duration of the order and proceedings to dissolve it are governed by Rule 65 of the Nevada Rules of Civil Procedure, unless the order is superseded by an order of the supreme court pursuant to the next paragraph of this rule.
4. Temporary suspension by the supreme court.
(a) Following a hearing and upon entry of a hearing panel's recommendation for disbarment pursuant to SCR 105(2)(e) and served upon the attorney in accordance with SCR 105(3)(a), bar counsel may file a petition with the supreme court requesting the immediate temporary suspension of the attorney. The decision of the hearing panel shall accompany the petition.
(b) On the petition of bar counsel, supported by an affidavit alleging facts personally known to the affiant, which shows that an attorney appears to be posing a substantial threat of serious harm to the public, the supreme court may order, with notice as the court may prescribe, the attorney's immediate temporary suspension or may impose other conditions upon the attorney's practice. If a petition is filed under subsection 3 of this rule, a separate petition under this subsection must be filed with the supreme court as soon thereafter as possible.
(c) A temporary order may restrict an attorney in the handling of funds entrusted to the attorney or over which the attorney has the power of disposition, or, if appropriate, direct the attorney to establish a trust account in accordance with conditions prescribed in the order. When served on either the attorney or a depository in which the attorney maintains an account, the order is also an injunction against withdrawals from the account except in accordance with the terms of the order. An order of the supreme court that restricts the handling of funds by an attorney supersedes an order entered by the district court pursuant to subsection 3 of this rule.
(d) An order of temporary suspension precludes the attorney from accepting new cases but does not preclude the attorney from continuing to represent existing clients during the first 15 days after service of the order unless the court orders otherwise. Fees and other funds received from or on behalf of clients during this 15-day period shall be deposited in a trust account from which withdrawals may be made only in accordance with the conditions imposed by the order.
(e) The attorney may request dissolution or amendment of the temporary order of suspension by petition filed with the supreme court, a copy of which shall be served on bar counsel. The petition may be set for immediate hearing before a hearing panel, to hear the petition and submit its report and recommendation to the court within 7 days of the conclusion of the hearing. Upon receipt of the report and recommendation, the court may modify its order, if appropriate, and continue such provisions of it as may be appropriate until the final disposition of all pending disciplinary charges against the attorney.
5. Public reprimand or letter of reprimand, with or without conditions, including but not limited to restitution, a fine, or both a reprimand and a fine, imposed by the supreme court.
6. Public reprimand or letter of reprimand, with or without conditions, including but not limited to restitution, a fine of up to $1,000, or both a reprimand and a fine, imposed by a hearing panel of the disciplinary board.
7. Letter of reprimand, with or without conditions, including but not limited to restitution, a fine of up to $1,000, or both a reprimand and a fine, imposed by a screening panel of the disciplinary board pursuant to Rule 105(1).
8. Letter of caution imposed by a hearing or screening panel of the disciplinary board and issued by bar counsel, or imposed by the supreme court, which is a dismissal but cautions the attorney regarding specific conduct and/or disciplinary rules. A letter of caution may not be used as an aggravating factor in any subsequent disciplinary proceeding.

Nev. Sup. Ct. R. 102

Added; effective 2/15/1979; last amended effective 10/5/2015.