Nevada UPL Statute Summary

NRS 7.285. Unlawful practice of law; criminal penalties; initiation of civil action by State Bar of Nevada.

  1. A person shall not practice law in this state if the person:
    1. Is not an active member of the State Bar of Nevada or otherwise authorized to practice law in this state pursuant to the rules of the Supreme Court; or
    2. Is suspended or has been disbarred from membership in the State Bar of Nevada pursuant to the rules of the Supreme Court.
  2. A person who violates any provision of subsection 1 is guilty of:
    1. For a first offense within the immediately preceding 7 years, a misdemeanor.
    2. For a second offense within the immediately preceding 7 years, a gross misdemeanor.

For a third and any subsequent offense within the immediately preceding 7 years, a category E felony and shall be punished as provided in NRS 193.130.

  1. The State Bar of Nevada may bring a civil action to secure an injunction and any other appropriate relief against a person who violates this section. (Added to NRS by 1963, 385; A 1999, 1333)       

Mindful that the term “notario publico” is marketed to Hispanic residents in Nevada, advertising or communicating the provision of services to the public as a notary public in any form and in any other language than English requires that the following message also be conspicuously advertised:

I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT LICENSED TO GIVE LEGAL ADVICE. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE.

(NRS § 240.085, Sec. 2, added to NRS by 1983, 307; A 1985, 1206; 2005, 68). One violation results in at least a one year license suspension of the violator’s authorization by the Secretary of State, and a third violation results in revocation. Criminal prosecutions carry an additional fine of $1-2,000 under this section.

Licensing Agency UPL Awareness

The State Attorney general and Nevada Bar Counsel are aware that UPL is a problem in the state, and NRS §240A has created a private cause of action to address it. There remains uncertainty among the immigrant community, however, as to whether they are allowed to pursue these claims and whether it is safe to do so if their immigration status is fragile.

Enforcement Mechanisms/Complaint Processes for UPL

Under NRS §240A, complaints are made to the Nevada Secretary of State either through a designated telephone number or by online registration. Victims may file a complaint with the State Bar of Nevada here.  

The requirement of a $50,000 bond and a private right of action with attorney’s fees and double damages provides tangible incentives for enforcement through litigation. Given the continued federal policy of prosecutorial discretion, it is hoped that meritorious suits will not provide grounds for ICE action.

Contact Information for Relevant Agencies

State Bar of Nevada:

Las Vegas
State Bar of Nevada Office of Bar Counsel
3100 W. Charleston Blvd.
Las Vegas, NV 89102
Tel: (702) 382-2200
Fax: (702) 385-2878
Reno
State Bar of Nevada Office of Bar Counsel
9456 Double R Blvd, Suite B
Reno, NV 89521
Tel: (775) 329-4100
Fax: (775) 329-0522
Email: complaint@nvbar.org

Secretary of State:

Nevada State Capitol Building
101 North Carson Street, Suite 3
Carson City, NV 89701
Tel: 775-684-5708
Fax: 775-684-5725
Email: sosmail@sos.nv.gov                    

Office of the Attorney General:

Carson City Office:
Office of the Attorney General
100 North Carson Street
Carson City, NV 89701
Telephone: 775-684-1100
Fax: 775-684-1108
Reno Office:
Office of the Attorney General
5420 Kietzke Lane, Suite 202
Reno, NV 89511
Telephone: 775-687-2100
Fax: 775-688-1822
Las Vegas Office:
Office of the Attorney General
Grant Sawyer Building
555 E. Washington Avenue, Suite 3900 
Las Vegas, NV 89101
Telephone: 702-486-3420
Fax: 702-486-3768

 Consumer Protection Hotline: (702) 486-3132, Toll-free:  (888) 434-9989.

Reporting Ineffective Assistance of Counsel

To report ineffective assistance of counsel in Nevada, you must use the instructions and complaint form from the State Bar of Nevada, available here.

Becoming a Notary Public

Before you may become a notary public, you must meet the following qualifications:

  • be a U.S. citizen or a lawfully admitted permanent resident;
  • Be at least 18 years of age; 
  • Be a resident of the state; 
  • Possess your civil rights (a felon cannot be a notary); and 
  • Have never had your notary commission revoked in another state.
  • You must attend a 3-hour online notary training class through the Secretary of State’s Notary Division and pass an exam.
  • You must also enter into a bond to the State of Nevada in the sum of $10,000. The bond is filed with the county clerk of the county in which you reside.
  • You are then given your oath of public office and the clerk gives you a filing notice.
  • You must submit a notary application, filing notice, certificate of online course completion and an application fee of $35 to the Secretary of State. The Secretary of State will then issue a Certificate of Appointment.

The application process for becoming a notary public in Nevada can be accessed here. You may access the Notary Public webpage on the Nevada Secretary of State site.