Legal Question in Legal Malpractice in Nevada

Are Rule Law?

If a lawyer intentionally (willfully) breaks the Professional Rules of conduct promulgated by the Supreme Court of the state, is this breaking the law?


Asked on 4/12/02, 1:44 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: Are Rule Law?

Not necessarily -- at least, not automatically. Nevada Supreme Court Rules 39 through 228 govern lawyer conduct in the state. The specific "Rules of Professional Conduct" are SCR 150 through 203.5. As stated in Rule 39, they are "the exclusive rules for the governing of the legal profession in Nevada."

If, however, a violation of the rules was also a violation of criminal law (what most folks are referring to when they say "breaking the law"), the attorney would also be subject to criminal prosecution, just as would any other citizen. If you mean could he/she be civily liable for misconduct, that is a separate matter (professional negligence or "malpractice"), but I find nothing that would preclude using evidence of disciplinary proceedings by the State Bar as supportive evidence of such malpractice.

The foregoing is just an overview, and without specific facts of the alleged misconduct, I could not conclude what result would be likely. If you wish to discuss this further, my practice includes Elko, and I would be happy to consult with you. Call or email if you would like to pursue it further.

Rick D. Williams

775-358-1958

mailto:[email protected]

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Answered on 4/12/02, 3:08 pm


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