the State Bar of Nevada filed a petition in this court to amend Nevada Rules of Professional Conduct 1.0, 1.6, 1.18, and 4.4; and ... the isolated lawyer is obligated to protect under these Rules or other law. (1) "Substantial" when used in reference to degree or extent denotes a
Nevada asset protection trust statutes provide some of the strongest domestic asset protection available. Professionals commonly call such trusts Nevada spendthrift trusts. The Nevada Spendthrift Trust Act allows for the provision of self-settled spendthrift trusts. The cost of a Nevada trust formation typically runs $2995 to $3995. In addition, the trustee fees start at …
The senior population is the fastest growing population in the state of Nevada and the Nevada Attorney General’s Office is stepping up its efforts to protect our seniors. Our Senior Protection Unit combines several different divisions in our office, which come together to with one goal in mind: to educate and protect seniors and to prosecute ...
Sep 14, 2017 · Landlord is obligated to maintain premises in habitable condition. Tenant has the right to "repair and deduct" if landlord fails to make important repairs. Landlord must provide 24 hours' advance notice before entering unit, unless in case of emergency. Tenant can't unreasonably withhold permission for landlord to enter.
The Attorney General represents the people of Nevada in civil and criminal matters before trial, appellate and the supreme courts of Nevada and the United States. The Attorney General also serves as legal counsel to state officers and, with few exceptions, to state agencies, boards and commissions.
Consequently, the legal definition of the Nevada crime of the “unauthorized practice of law” is when someone practices law under either of the following conditions: The person is disbarred as an attorney by the Nevada State Bar.
A concurrent conflict of interest exists if: (1) The representation of one client will be directly adverse to another client; or (2) There is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person ...
The Sixth Amendment requires that legal counsel must be provided to indigent (poor) criminal defendants in all felony cases in both federal and state courts.
DiMarco | Araujo | Montevideo attorneys maintain licenses to practice law in both California and Nevada. Few other firms can offer Californians legal representation across state lines for incidents involving the Nevada court system.
Anyone has the right to appear in a civil case in federal court without an attorney, or appear “pro se.” 28 USC § 1654. However, there are some exceptions such as: Corporations and partnerships must be represented by an attorney. A pro se litigant cannot represent a class in a class action.
conflict of interest. n. a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties.
The right to speak to a lawyer does not include the right to have a lawyer present during police questioning. However, the lawyer can be present if everyone agrees to it. People detained or arrested can give up the right to speak to a lawyer, but they must be fully aware of all consequences of this decision.
The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
In Roe v. Flores-Ortega , the U.S. Supreme Court rules that when a criminal defendant enters a guilty plea and is informed of the right to appeal, the Sixth Amendment does not require the defense counsel to file an appeal unless the defendant specifically asks him to do so.
That is, when someone sues the husband and wins, the judgment creditor can seize the assets of both the husband and wife. It is the same when someone obtains a judgment against the wife. So, with the extra risks, it is important to know the Nevada asset protection strategies. Plus if you are a non-Nevada resident, you may be able to take advantage of Nevada asset protection statutes. State legislature adopted the laws in order to generate revenue in the form of filing fees payable to the State.
Nevada asset protection trusts work by prohibiting the ability of the beneficiary to assign their interest in the trust. Spendthrift trusts are irrevocable. Even in cases where the settlor is also a beneficiary and a trustee, they are not in control of distributions. The distributions are controlled by the co-trustee.
As of this writing, there are 17 states in the US which allow for domestic asset protection trusts. Nevada asset protection trust statutes provide some of the strongest domestic asset protection available. Professionals commonly call such trusts Nevada spendthrift trusts.
The co-trustee must have discretion over the distribution of assets held in the trust. A co-trustee is also often called a distribution trustee or may also be a trust protector.
This is a unique benefit. In other states, as of this writing, a lawsuit against a shareholder means the shareholder can easily lose his or her shares in a corporation. In Nevada, however, a judgment debtor gets to hold onto his or her corporate stock. This is the case even if the corporation only has one stockholder. In other states, this is only available for LLCs.
That trustee must have powers which include maintaining records and preparing income tax returns. Alternatively, a trust company legally operating in Nevada or a bank which legally operates in Nevada may be used. Nevada law requires that all or part of the administration of the trust be performed in Nevada.
Nevada also statutorily protects one’s membership in an LLC, even if the LLC only has one member. As of this publication, this benefit is only available in Nevada, Wyoming and Delaware. In other states, one must have a two or more member LLC or else the judgment creditor can seize one’s interest in the LLC.
Administrative law is the practice of law before federal and state governmental administrative agencies, dealing with the creation and operation of those agencies and interpretation of the regulations they generate.
What do administrative law attorneys do? Administrative law attorneys help individuals, businesses, and groups comply with and/or challenge administrative agency as well as federal, local, and state government department rules, regulations, and orders.
Sanctions After formal adjudication, an administrative agency can issue punishments when it finds that an individual or business has violated a rule. This punishment is called “sanctions.” All sanctions must be provided for in the applicable statue. “Sanctions” can take the form of a fine or assessment, or an order to do or not do a certain thing.
Under Nevada law, landlords must make certain disclosures to tenants (usually in the lease or rental agreement), such as the purpose of any nonrefundable fees, and the penalties for maintaining a nuisance. Landlords must also comply with required federal disclosures regarding lead-based paint on the property, or face hefty financial penalties.
Security deposits are among the biggest sources of dispute between landlords and tenants. To avoid problems, be sure you know state rules, such as the deposit limit (maximum three months' rent in Nevada), and the deadline for the landlord returning the deposit (30 days after the tenant has moved out). Using a landlord-tenant checklist ...
Before you advertise a vacant apartment, it is crucial that you understand fair housing laws and what you can say and do when selecting tenants. This includes how you advertise a rental, the questions you ask on a rental application or when interviewing potential tenants, and how you deal with tenants who rent from you.
It is illegal to retaliate in Nevada —for example, by attempting to raise the rent or evict a tenant for complaining about an unsafe living condition . To avoid problems, or counter false retaliation claims, establish a good paper trail to document how you handle repairs and other important facts of your relationship with your tenant.
You are legally required to keep rental premises livable in Nevada, under a legal doctrine called the "implied warranty of habitability.". If you don't take care of important repairs, such as a broken heater, tenants in Nevada may have several options, including the right to withhold rent or to "repair and deduct.".
The rental agreement or lease that you and your tenant sign sets out the contractual basis of your relationship with the tenant, and is full of crucial business details, such as how long the tenant can occupy the rental and the amount of the rent. Taken together with federal, state, and local landlord-tenant laws, your lease or rental agreement sets out all the legal rules you and your tenant must follow.
In addition to the hundreds of articles on the Nolo, including state-by-state charts of landlord-tenant law, Nolo publishes many books for landlords, as well as online leases and rental agreements.
Employees are entitled to earn the full minimum wage per hour as set by federal or state law. Currently, the federal minimum wage is $7.25 an hour. The minimum wage in Nevada is $7.25 if the employer provides health benefits; otherwise, the minimum wage is $8.25.
The basic rule of tips, under federal law and state law, is that they belong to the employee, not the employer. Employers may not require employees to hand over their tips unless one of these exceptions applies: 1 State law allows the employer to take a tip credit. Some states allow the employer to count all or part of an employee's tips towards its minimum wage obligations. Although the employer doesn't technically "take" the employee's tips, the employer gets to count some tips as if the employer had paid them directly to the employee. Nevada does not allow employers to take a tip credit, however. 2 The employee is part of a valid tip pool. Under federal law and in most states, employees can be required to pay part of their tips into a tip pool to be shared with other employees.
Under federal law and in most states, employers may pay tipped employees less than the minimum wage, as long as employees earn enough in tips to make up the difference.
Some restaurants tack a "mandatory service charge" on to bills for large tables of diners, private parties, or catered events. Under federal law and in most states, this isn't considered a tip. Even if the customer thinks that money is going to you and doesn't leave anything extra on the table, your employer can keep any money designated as a "service charge." The law generally considers this part of the contract between the patron and the establishment, not a voluntary acknowledgment of good service by an employee. Many employers give at least part of these service charges to employees, but that's the employer's choice: Employees have no legal right to that money.
This is called a "tip credit.". The credit is the amount the employer doesn't have to pay, so the applicable minimum wage (federal or state) less the tip credit is the least the employer can pay tipped employees per hour.
Tip Pooling. Many states, including Nevada, allow employers to require tip pooling or "tipping out.". All employees subject to the pool have to chip in a portion of their tips, which are then divided among a group of employees. The employee must be able to keep at least the full minimum wage.
If the customer pays in cash and tipping is voluntary, whatever amount the customer leaves over and above the charge for products or services (plus tax) is a tip. However, if the employer imposes a mandatory service charge, or the customer pays by credit card, the rules might be different.
It is the policy of the State of Nevada to provide for the cooperation of law enforcement ocials, courts of competent jurisdiction and all appropriate state agencies providing human services in identifying the abuse, neglect, exploitation, isolation and abandonment of older and/or vulnerable persons through the complete reporting of abuse, neglect, exploitation, isolation and abandonment of older and/or vulnerable persons.
Nevada’s definition of elder abuse mirrors the one used by the National Center on Elder Abuse: “any knowing, intended, or careless act that causes harm or serious risk of harm to an older person (age 60 or older) - physically, mentally, emotionally, or financially.” Crimes against elderly victims are similar to other types of domestic violence and frequently go unreported. Many victims are not able to report abuse due to physical or mental limitations, isolation, emotional or financial dependency, mental illness, substance abuse, or general desire to protect loved ones with whom they reside. It is particularly important for first responders to be aware of the different types and definitions of elder abuse, so appropriate intervention is possible when encountering an older adult in the field. Please be aware that many elder abuse victims experience more than one type of abuse.
Exploitation is any act taken by a person who has trust and confidence, and/or use of a Power of Attorney or guardianship to obtain control or convert money, assets or property, through deception, intimidation, or undue influence with the intention of permanently depriving the older and/or vulnerable person of their ownership, use, benefit or possession of their money, assets or property. Undue influence means the improper use of power or trust in a way that deprives a person of his or her free will and substitutes the objectives of another person. The term does not include the normal influence that one member of a family has over another.
Exploitation means any act taken by a person who has the trust and confidence of an older and/or vulnerable person or any use of the power of attorney or guardianship of an older and/or vulnerable person to obtain control, through deception, intimidation or undue influence, over the older person’s or vulnerable person’s money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property;. This may also include converting money, assets or property of the older and/or vulnerable person with the intention of permanently depriving the older and/or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property.
power of attorney is a legal document used by someone (the principal) to give someone else (the agent) authority to act for the principal. A principal must have decision-making capacity to sign a power of attorney. An agent’s authority ends when the principal revokes that authority or when the principal dies. A durable power of attorney stays in effect even if the principal loses decision-making capacity. Sample Power of Attorney templates are readily available on the internet. It is dicult to check the validity of a power of attorney document without further investigation. If the document originated from a legal oce, contact that oce for confirmation the document is still valid. Financial institutions can also be checked for signature matches and other document details. If you suspect elder abuse, neglect or exploitation, contact Aging and Disability Services Division/Elder Protective Services (775-687-4210).
Physical abuse is the infliction of pain or injury on an older and/or vulnerable person. Physical abuse could also include serious or unexplained injury, inappropriate physical or chemical restraint, medication abuse (over or under medicating), deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older and/or vulnerable person. Perming any of the acts described above also is considered abuse.
Nonconsensual sexual contact is defined as an act that the older and/or vulnerable person is unable to understand or to which this person is unable to communicate his or her objection. Sexual abuse also includes intentional touching either directly or through the clothing. Anytime nonconsensual sexual contact is alleged, law enforcement must be contacted immediately. A report to Elder Protective Services must also be made.