Legal Question in Constitutional Law in Nevada
homestead
Hello and thank you for your time and efforts.
My question is : Is it true that the town office employees
may not give away legal forms such as a homestead form.
I understand that by doing so they are basicly ''providing legal advice'' and they are not licensed to do so.
Thank you very much
Sincerely.
1 Answer from Attorneys
Re: homestead
NRS 7.285 makes it a crime to engage in the unauthorized practice of law, with penalties ranging from a misdemeanor for the first conviction to a class E felony for a third conviction within seven years.
You may wonder how simply providing a homestead form might be consrtued as the "practice of law".
In years past, a homestead had legal implications solely between married homeowners and their creditors.
More recently, the Nevada Supreme Court decided a case, found here:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=nv&vol=117NevAdvOpNo45&invol=2
in which one Justice wrote:
"While I do not quarrel with the result reached by the majority in this case, I believe it raises many more questions than it answers. The filing of a homestead exemption which was once an innocuous act designed to protect property will now be sufficiently complicated by legal consequences that consumers will be wise not to seek the exemption without first seeking the advice of a qualified attorney."