Nevada Revised Statutes 7.045 – Unlawful solicitation of legal business; monetary recovery by victim; penalty
1. Except as otherwise provided in this section, it shall be unlawful for a person to solicit a tort victim to employ, hire or retain any attorney at law:
Attorney's Note
Under the Nevada Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| category E felony | 1 to 4 years | up to $5,000 |
| gross misdemeanor | up to 364 days | up to $2,000 |
Terms Used In Nevada Revised Statutes 7.045
- Contract: A legal written agreement that becomes binding when signed.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(a) At the scene of a traffic crash that may result in a civil action;
(b) At a county or city jail or detention facility;
(c) At a medical facility or other location where a provider of health care performs health care services; or
(d) Within 72 hours after the tort occurred.
2. It is unlawful for a person to conspire with another person to commit an act which violates the provisions of subsection 1.
3. This section does not prohibit or restrict:
(a) A recommendation for the employment, hiring or retention of an attorney at law in a manner that complies with the Nevada Rules of Professional Conduct.
(b) The solicitation of motor vehicle repair or storage services by a tow car operator.
(c) Any activity engaged in by police, fire or emergency medical personnel acting in the normal course of duty.
(d) A communication by a tort victim with the tort victim’s insurer concerning the investigation of a claim or settlement of a claim for property damage.
(e) Any inquiries or advertisements performed in the ordinary course of a person’s business.
4. Any contract, agreement or obligation that is made, obtained, procured or incurred with a tort victim in violation of this section is void.
5. A tort victim who prevails in a civil action pursuant to this section:
(a) May recover:
(1) Twice the amount of actual damages he or she incurred from the violation of this section; and
(2) An amount equal to twice the amount of the financial obligation imposed upon the tort victim by the contract, agreement or obligation that was made, obtained, procured or incurred in violation of this section.
(b) Is entitled to reasonable attorney’s fees and costs.
6. A civil action pursuant to this section is subject to the limitation set forth in subsection 1 of NRS 11.190.
7. Any person who violates any of the provisions of this section:
(a) For the first offense, is guilty of a gross misdemeanor.
(b) For a second or any subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
8. As used in this section, ‘tort victim’ means a person:
(a) Whose property has been damaged as a result of any accident or motor vehicle crash that may result in a civil action, criminal action or claim for tort damages by or against another person;
(b) Who has been injured or killed as a result of any accident or motor vehicle crash that may result in a civil action, criminal action or claim for tort damages by or against another person; or
(c) A parent, guardian, spouse, sibling or child of a person who has died as a result of any accident or motor vehicle crash that may result in a civil action, criminal action or claim for tort damages by or against another person.