Court ruling allows UNLV students, faculty to practice law

Monday, July 17, 2000 | 11:10 a.m.

CARSON CITY -- The Nevada Supreme Court has adopted new rules to allow faculty and students at the UNLV law school to practice law under certain conditions and without taking the Nevada bar examination.

The court said the regulation change would "promote the recruitment of the highest caliber of law faculty" and help in development of community service programs. Permitting the students to have a limited law practice would help give them hands-on experience and aid the school's clinical program.

The regulations become effective within 30 days of Friday's court order. It is another step forward for the school, which this month gained preliminary accreditation.

Students, under the new regulation, will be allowed to conduct investigations, interview witnesses, and interview and counsel clients. The work must be done under the supervision of a law professor or an active lawyer.

With the written consent of a client, students also may represent clients in court or before legislative and administrative bodies, negotiate and mediate settlement of claims and prepare documents to be filed in court or with a legislative or administrative body.

The regulations permit students also to write contracts, incorporation papers, by-laws and filings required by a government.

The students will not be able to collect any fees from clients, but the supervising lawyer can charge a client. The lawyer would be able to pay the students.

The supervising lawyer must assume professional responsibility for all work done by students, and the lawyer is required to read and approve all papers prepared by students before filing.

The dean, associate dean and regular full-time faculty of the law school will be admitted to practice if they have graduated from an approved law school, have been admitted to practice in another state and have passed the multistate professional responsibility examination or an equivalent course in ethics in the past five years.

Faculty members will be limited to eight hours a week of practice for which fees can be charged. They also will be subject to the same rules as other lawyers in the state.

Chief Justice Bob Rose noted many states allow students a limited practice. "It permits the law students to get courtroom experience under supervision, and it provides assistance to low-income people," he said.

As long as there is supervision and a mentoring program for the students, Rose said, "We have a high degree of confidence."

Permitting the professors to practice, Rose said, "is a modest advantage to the faculty members." He said this is "pretty standard in other law schools."

The program also will allow law firms that oversee students to set up pro bono, or free, programs for those who need legal help but who cannot afford it.

Richard Morgan, dean of the William S. Boyd School of Law, could not be reached for comment this morning.

The Supreme Court has approved a limited practice for the clinical law faculty at the school. They may practice law only for clients in the clinical law program, and they may not accept any fees.

The clinical faculty members will not be active members of the state Bar Association.