NV Bar cheat sheet

The Nevada Bar Exam's written component (the Foundational Law Examination, sometimes called the essay/PT day) tests Nevada-specific and general law through essays and a performance test; MBE subjects are tested on the multiple-choice day, not here.

Nevada follows the majority rule unless a statute or case says otherwise; when a question implicates a Nevada statute (e.g., community property, water law, gaming), apply the statute even if it diverges from the common law.

Nevada is a community property state: property acquired during marriage is presumptively community; separate property can be transmuted only by clear agreement or joint titling, and the court divides community property equally absent compelling reasons.

Nevada's water law follows prior appropriation (first in time, first in right) rather than riparian rights; beneficial use and compliance with permit procedures determine priority.

Nevada's gaming statutes impose strict licensing and suitability requirements; a client's gaming license status is a threshold issue in contracts, employment, and administrative matters.

For essay answers, use IRAC: state the issue, the governing rule (Nevada statute or case first), apply facts element-by-element, and conclude; unmade arguments earn no points.

The performance test is closed-universe: all needed law and facts are in the file and library; do not import outside rules, and cite only the provided authorities by name.

Time allocation on essays is roughly proportional to the number of call questions; a missed sub-question costs more than a slightly thin analysis on a covered one.

The performance test evaluates lawyering skills (fact analysis, legal analysis, organization, drafting) rather than substantive knowledge; the library supplies the controlling rules and the file supplies the facts.

Common task types include objective memoranda, persuasive briefs, client letters, and contracts/statutes analysis; identify the requested document format before reading the library.

Read the task memo first to set purpose and audience, then the library for rules, then the file for facts; this order prevents irrelevant fact collection.

Every legal rule used must come from the library; citing an outside case or statute is an error even if the rule is correct.

Facts must be cited to the file (by document name or page) and rules to the library; unsupported assertions lose credit.

For a persuasive brief, frame facts favorably but never misstate them; for an objective memo, include contrary authority and assess likely outcomes.

Organize by the elements of the controlling rule, not by the order facts appear in the file; headings should track the rule's elements.

Budget time: outline before writing, reserve minutes to proofread, and prioritize completing all requested sections over polishing one.

Nevada's Supervised Practice Program (SPP) allows eligible law graduates to practice under attorney supervision before full licensure; eligibility and supervision requirements are set by Nevada Supreme Court rule and State Bar administration.

A supervising attorney must be licensed and in good standing in Nevada, and must accept responsibility for the supervised attorney's work; supervision must be direct and documented.

Supervised practice typically requires a written supervision plan, defined practice areas, and periodic reporting to the State Bar; deviations require approval.

The supervised attorney must identify supervised status to clients and courts where required, and may not practice outside the approved scope.

Supervision hours and meeting frequency are prescribed; the supervisor must review work product and be available for consultation.

The program is time-limited and tied to bar admission; failure to pass the bar or comply with reporting can terminate eligibility.

Confidentiality, conflicts, and trust-accounting rules apply fully to supervised attorneys; supervision does not relax the Rules of Professional Conduct.

Record-keeping of supervised matters and supervisor sign-offs is required; incomplete records can delay licensure.

The MPRE is a 60-question, two-hour multiple-choice exam (50 scored, 10 unscored pretest) on the ABA Model Rules, ABA Code of Judicial Conduct, and general professional responsibility principles; Nevada requires passing it for admission.

Conflicts: concurrent conflicts require informed consent confirmed in writing; former-client conflicts require informed consent, and imputation can be cured by screening in some cases.

Confidentiality under Model Rule 1.6 is broader than attorney-client privilege; disclosure is permitted to prevent reasonably certain death or substantial bodily harm, and to prevent or rectify financial harm in limited circumstances.

Fee rules: fees must be reasonable; contingent fees are prohibited in criminal and domestic-relations matters; advance fees must be held in trust and unearned portions refunded.

Trust accounting: client funds go in trust, earned fees in operating; commingling is prohibited, and records must be kept; negligent misappropriation can lead to discipline.

Candor to the tribunal (Rule 3.3) overrides client confidentiality in ex parte proceedings and when the lawyer's own conduct is at issue.

Advertising and solicitation: false or misleading statements prohibited; direct in-person solicitation of prospective clients for gain is generally prohibited, with exceptions for family, close friends, and former clients.

Judicial conduct: judges must avoid impropriety and the appearance of impropriety, recuse when impartiality is reasonably questioned, and comply with campaign-finance and reporting rules.