As amended through October 9, 2024
Rule 104 - State Bar Counsel1. State bar counsel shall perform all prosecutorial functions and have the following powers and duties: (a) To investigate all information coming to the attention of the agency that, if true, would be grounds for discipline or transfer to disability inactive status and investigate all facts pertaining to petitions for reinstatement; (b) To dismiss grievances that do not assert a violation of the Nevada Rules of Professional Conduct and to dismiss matters involving alleged misconduct with the approval of a screening panel or the chair of a formal hearing panel;(c) Prosecute all proceedings under these rules before all forums in the name of the State Bar of Nevada. (d) To file petitions with the supreme court with certified copies of proof of conviction demonstrating that attorneys have been convicted of serious crimes, as defined in SCR111;(e)To notify promptly the grievant and the respondent of the status and the disposition of each matter, including but not limited to providing to the grievant:(1) A copy of any written communication from the respondent to the bar counsel relating to the matter except information that is subject to the privilege of one other than the complainant; (2) A concise written statement of the facts and reasons a matter has been dismissed prior to a hearing and a copy of the written guidelines for dismissal, provided that the grievant shall be given a reasonable opportunity to rebut statements of the respondent before the grievance is dismissed; and(3) A notice of the date, time, and location of the hearing.(f) Maintain permanent records of all matters investigated under these rules except as otherwise required under under SCR121; and (g) To employ and supervise staff needed for the performance of the aforementioned duties.2. Bar counsel may meet with an attorney against whom a grievance has been received to informally resolve a matter involving minor misconduct, as defined in SCR 105.5(1)(d), including directing the attorney to participate in fee dispute arbitration, substance abuse counseling, obtain Continuing Legal Education credit(s), or other appropriate remedial measures.3. Bar counsel shall not render advisory opinions, either orally or in writing, although bar counsel may provide informal guidance on the Nevada Rules of Professional Conduct to callers through the ethics hotline. 4. In addition to complying with the Rules of Professional Conduct regarding successive government and private employment (RPC 1.11), a former bar counsel shall not personally represent a respondent in any proceeding governed by these rules for a period of 1 year following completion of the bar counsel’s service. 5. A grievance against bar counsel or bar counsel’s staff shall be investigated at the direction of the president of the state bar and heard by the board of governors. A decision of the board of governors against bar counsel may be appealed to the supreme court under the Nevada Rules of Appellate Procedure.Added; effective 1/2/1996; amended effective 3/1/2007; last amended effective 10/5/2015; amended effective 10/26/2023.