NRS 240A.240 Prohibited acts by registrant; exceptions; penalties.

644 words·~3 min read·/nv/chapter-240a-document-preparation-services/240a-240·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. A registrant shall not:

(a)After the date of the last service performed for a client, retain any fees or costs for services not performed or costs not incurred.

(b)Make, orally or in writing:

(1)A promise of the result to be obtained by the filing or submission of any document, unless the registrant has some basis in fact for making the promise;

(2)A statement that the registrant has some special influence with or is able to obtain special treatment from the court or agency with which a document is to be filed or submitted; or

(3)A false or misleading statement to a client if the registrant knows that the statement is false or misleading or knows that the registrant lacks a sufficient basis for making the statement.

(c)Except as otherwise provided in subsection 3, in any advertisement or written description of the registrant or the services provided by the registrant, or on any letterhead or business card of the registrant, use the term “legal aid,” “legal services,” “law office,” “notario,” “notario publico,” “notary public,” “notary,” “paralegal,” “legal assistant,” “licensed,” “licenciado,” “attorney,” “lawyer” or any similar term, in English, Spanish or any other language, which implies that the registrant:

(1)Offers services without charge if the registrant does not do so;

(2)Is an attorney authorized to practice law in this State; or

(3)Is acting under the direction and supervision of an attorney.

(d)Represent himself or herself, orally or in writing, as a paralegal or legal assistant which implies that the registrant is acting under the direction and supervision of an attorney licensed to practice law in this State.

(e)Except as otherwise provided in subsection 2, negotiate with another person concerning the rights or responsibilities of a client, communicate the position of a client to another person or convey the position of another person to a client.

(f)Except as otherwise provided in subsection 2, appear on behalf of a client in a court proceeding or other formal adjudicative proceeding, unless the registrant is ordered to appear by the court or presiding officer.

(g)Except as otherwise provided in subsection 2, provide any advice, explanation, opinion or recommendation to a client about possible legal rights, remedies, defenses, options or the selection of documents or strategies, except that a registrant may provide to a client published factual information, written or approved by an attorney, relating to legal procedures, rights or obligations.

(h)Engage in the business of a document preparation service as an employee or independent contractor for an entity that is not covered by a cash bond or surety bond filed pursuant to NRS 240A.123 or under a sole proprietorship or business entity unless the registrant is covered by a cash bond or surety bond filed pursuant to NRS 240A.124 .

(i)Seek or obtain from a client a waiver of any provision of this chapter. Any such waiver is contrary to public policy and void.

2. The provisions of paragraphs (e),

(f)and

(g)of subsection 1 do not apply to a registrant to the extent that compliance with such provisions would violate federal law.

3. A registrant who is also a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State may, in any advertisement or written description of the registrant or the services provided by the registrant, use the term “notary public.”

4. If the Secretary of State finds a registrant in violation of the provisions of subsection 1, the Secretary of State may:

(a)Suspend the registration of the registrant for not less than 1 year.

(b)Revoke the registration of the registrant for a third or subsequent offense.

(c)Assess a penalty of not more than $1,000 for each violation.