Rule 225 - Advisory Opinions1. The Board of Governors shall establish procedures for the formal publication of advisory opinions, including but not limited to procedures for soliciting and responding to public comment at least 30 davs prior to publication.2. Prior to or upon filing, the court has the authority to review the opinion and to consider anv objections to it.3. All opinions issued by the committee express only the judgment of the committee and are advisory only. Each formal opinion shall include the following statement: This opinion is issued by the standing committee on ethics and professional responsibility of the State Bar of Nevada, pursuant to S.C.R. 225. It is advisory only. It is not binding upon the courts, the State Bar of Nevada, its board of governors, any persons or tribunals charged with regulatory responsibilities, or any member of the state bar.
4. The committee shall not act on requests for opinions when any of the following circumstances exist: (a) There is a pending state bar complaint, investigation, proceeding, or litigation concerning the subject of the request. (b) The request constitutes a complaint against a member of the state bar. (c) The request involves procedures employed by the bar in processing complaints against members of the state bar. (d) The request involves activities, the propriety of which depends principally on a question of law unrelated to legal ethics. (e) Where it is known that the request involves the propriety of sanctions within the purview of the courts, such as contempt. (f) The committee has by majority vote determined that it would be inadvisable to respond to the request and has specified in writing its reasoning to the person who requested the opinion. A copy of the committee's response shall be sent to the executive director of the state bar. 5. At any time after a request for an opinion has been assigned for drafting, but before actual publication, if any of the circumstances enumerated in sections 4(a) through (f) of this rule arise, the committee shall decline to act further on the request and no opinion shall be published. In such event, the committee shall follow the procedure set forth in section 4(f) of this rule. 6. All formal advisory opinions shall be numbered and maintained on file at the state bar office and shall be available to any member of the bench or bar upon request. A reasonable charge to defray the costs of reproduction of such opinions and postage may be fixed by the board of governors. 7. The committee shall maintain in confidence: (a) the identity of the formal advisory opinion requester: and (b) committee work product created prior to public comment or publication.Added; effective 6/24/1985; amended effective 4/2/2021.