Las Vegas Sun

April 15, 2024

Lawyers with drug, alcohol problems get another chance

CARSON CITY -- Lawyers who have had alcohol or drug problems but have been clean for some time will get a chance to practice in Nevada on a probationary status.

Deena Trueblood, admissions director for the state Board of Bar Governors, says there aren't very many of these cases. But in the past, they would be denied permission to start their practice in the state.

The state Supreme Court last week adopted a formal rule setting up a "conditional admission" for attorneys with "character and fitness problems, which although serious, do not warrant denial of admission."

In the past, Trueblood said, attorneys with a history of behavioral problems were barred from ever getting a license in Nevada. But she said that rule has been changed so a person can re-apply in five years.

She said these lawyers probably will be placed on probation for two to five years "depending on how long they have been clean or sober."

They would have to undergo periodic drug testing and probably be required to attend meetings of rehabilitation groups.

The problem doesn't extend only to the veteran attorney but to those graduating from law school. Trueblood noted that many people are going into law as a career change.

A lawyer who completed the probationary period would be eligible for an unconditional admission to practice. If an attorney violates the condition of the probation, the bar could recommend to the Supreme Court the revocation of the temporary license.

Trueblood said the bar learns of past alcohol and drug problems through a check of criminal convictions and through information supplied by applicants, who must disclose if they have been under treatment for drug or alcohol abuse.

The court also adopted a new regulation on the responsibility of lawyers to provide free or discounted services to low-income people.

It said a lawyer may discharge his or her responsibility by providing 20 hours of free legal service to the poor, to charitable groups or to activities for improving the legal system.

Or he or she can give 60 hours a year at reduced fees to the poor or satisfy the requirement by donating $500 to a group that provides free legal services.

The court also filed an amended rule outlining what public comments can be made by lawyers before trials. The justices approved the regulation in January but are now making it formal.

It allows an attorney to make a statement that will be borne out by the evidence submitted at the trial or which reveals governmental corruption or abuse of power.

The lawyer also will be able to comment if the statement protects the public from substantial future harm or if the statement defends a client against negative publicity.

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