Nevada Judiciary

The Nevada Supreme Court issued an order Monday, Sept. 26, permitting attorneys displaced by Hurricane Katrina to continue the practice of law from temporary offices in Nevada for the next six months.

The "Emergency Order Allowing Temporary Practice of Law" affects lawyers from Louisiana, Mississippi and Alabama whose offices or judicial facilities were devastated by the disaster.

"Having a functioning justice system is vital to the recovery of those states hard hit by Hurricane Katrina, because it provides a needed sense of normality, and a venue to address grievances," said Chief Justice Nancy Becker. "Allowing attorneys displaced by the storm to temporarily practice law from Nevada is a simple step on our part that can assist their justice systems and preserve the rights and liberties of their citizens."

"Nevadans already have contributed heavily to the Hurricane Katrina relief efforts, both in materials, money and personnel," Chief Justice Becker continued. "The Supreme Court is proud to have an opportunity to add to these contributions."

The order was signed by all seven justices.

Nevada joins several other states that also are providing temporary authority for displaced lawyers to help preserve the legal rights of disaster victims.

The Supreme Court's order was issued at the request of the Nevada State Bar Association, which will oversee the displaced attorneys' practices. The temporary measure also was advocated by the American Bar Association in a letter sent by ABA President Michael Greco.

"The legal systems in some areas of those three states - particularly in New Orleans - are in shambles," said State Bar President Vince Consul. "By proposing a temporary rule change, the State Bar hopes to assist in the continued operation of those justice systems and in maintaining the rule of law."

The Supreme Court order, states, "In view of Hurricane Katrina's displacement of lawyers in Louisiana, Mississippi and Alabama, making it impossible to practice law in the affected areas, this court temporarily suspends the applicable provisions of the Supreme Court Rules Governing the Legal Profession."

Attorneys in good standing from the three states may represent only "existing or new clients who have been displaced from the attorney's state of licensure by Hurricane Katrina, and any other clients with whom the attorney has an ongoing attorney-client relationship," according to the order, which is in effect through March 15, 2006.

States from Texas to Indiana to Ohio already have issued similar emergency orders, and other states are still considering the action.

Mr. Greco stated in his letter that displaced lawyers "need and want to continue their law practices, but due to the devastation in their home jurisdictions are unable to do so."

Mr. Greco also noted, "at least some of the affected states have taken prompt action to suspend rules of court regarding statutes of limitations and similar matters during this time of crisis."

Many court facilities in the storm-ravaged areas were damaged and some courthouses will not be able to reopen for months.

Court operations in some jurisdictions have been moved to nearby cities. Recovering records and rescheduling hearings for litigants who have been displaced to other states is expected to hamper justice systems for months.