MATTER OF THE AMENDMENT OF SUPREME COURT RULE 118, ADKT 448 (Nev. 4-6-2011)

IN THE MATTER OF THE AMENDMENT OF SUPREME COURT RULE 118 REGARDING APPOINTMENT OF COUNSEL TO PROTECT CLIENT’S INTEREST.

No. ADKT 448.Supreme Court of Nevada.
April 6, 2011.

ORDER AMENDING SUPREME COURT RULE 118
MICHAEL L. DOUGLAS, Chief Justice.

WHEREAS, the Board of Governors of the State Bar of Nevada filed a petition in this court seeking amendment of Supreme Court Rule (SCR) 118; and

WHEREAS, this court held a public hearing on the proposed amendment; and

WHEREAS, this court has determined that amendment of SCR 118 is warranted, accordingly,

IT IS HEREBY ORDERED that Rule 118 of the Supreme Court Rules shall be amended and shall read as set forth in Exhibit A.

IT IS FURTHER ORDERED that this rule amendment shall be effective 30 days from the date of this order. The clerk of this court shall cause a notice of entry of this order to be published in the official publication of the State Bar of Nevada. Publication of this order shall be accomplished by the clerk disseminating copies of this order to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the clerk of this court as to the accomplishment of the above described publication of notice of entry and dissemination of this order shall be conclusive evidence of the adoption and publication of the foregoing rule amendments.

Dated this 6th day of April, 2011.

MICHAEL A. CHERRY Associate Justice
MARK GIBBONS Associate Justice
JAMES W. HARDESTY Associate Justice
NANCY M. SAITTA Associate Justice
KRISHNA PICKERING Associate Justice
RON D. PARRAGUIRRE Associate Justice.

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EXHIBIT A AMENDMENTS TO SUPREME COURT RULE 118 Rule 118. Appointment of counsel to protect client’sinterest.
1. Judicial action; compensation; right of reimbursement.
Whenever an attorney has been transferred to disability inactive status, abandoned his or her practice, resigned, died, or been suspended or disbarred, and there is evidence that the attorney has not complied with Rule 115, and a responsible person capable of conducting the attorney’s affairs cannot be found, the chief or presiding judge, or designee in the judicial district(s) in which the attorney maintained his or her practice, upon application by bar counsel, the state bar [or the board ofcontinuing legal education,] may appoint a disinterested attorney(s) to examine and inventory the attorney’s files and to take such action as is necessary to protect the interests of the attorney and the attorney’s clients. An appointed attorney may petition the [district court] board of governors for reasonable compensation[,which, ifapproved, shall be submitted to the board of governors for paymentin whole or in part]. The board of governors may seek reimbursement from the attorney, out of the attorney’s property, or from the attorney’s clients whose interests are served under this rule.

2. Confidentiality. An attorney appointed under this rule shall not disclose any information contained in the files examined or inventoried without the consent of the client for whom the file was maintained, except as necessary to carry out the order of the court which appointed the attorney.

3. Immunity. Any attorney appointed pursuant to this rule shall be absolutely immune from civil liability for any act or omission in connection with, or in the course of, duties performed pursuant to the appointment.

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