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Know Your Rights as a Client

As a client do I have to sign the disclosure statement and does the document preparation service/registrant need to provide me a copy?

Yes, you as the client are required to read and sign the disclosure, acknowledging that you have read and understand it. You must be provided a copy to retain.

Is the document preparation service/registrant required to make any disclosures to me before engaging in service?

Yes. Before providing any services to a client or presenting a client with the required contract, a document preparation service must provide the client with a written form of disclosure containing the following the requirements:

  • The full name, business address and telephone number and registration number of the registrant. 
  • The name and business address of the registrant’s agent for service of process, if any, in this State. 
  • A statement that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person. 
  • Unless the registrant is an attorney licensed to practice in another state or other jurisdiction, a statement that any communication between the client and the registrant is not protected from disclosure by any privilege. 
  • A statement that the registrant has posted or filed with the Secretary of State a cash bond or surety bond, stating the amount of the bond and any identifying number of the bond. 
  • The expiration date of:
    • The state business license issued to the registrant or the registrant’s employer, as applicable, by the Secretary of and any business license issued to the registrant or the registrant’s employer, as applicable, by a local government in this State.
  • The disclosure must be written in English and, if different, the language in which the registrant transacts business with the client.

Is a document preparation service/registrant required to enter into a contract with a client?

Yes. NRS 240A.190 requires that be a registrant provide any services to a client the registrant and client must enter into a written contract. The registrant must provide the client with a copy of the contract.

What does the contract require?

The contract must:

  • Be written in English and, if different, in the language in which the registrant transacts business with the client, and be printed or typewritten in not less than 12-point type. 
  • Explain the services to be performed by the registrant and state the total price to be paid by the client for all such services. 
  • With respect to any document to be prepared by the registrant:
    State the estimated date by which the document is to be completed; identify the court or agency with which the document is to be filed or submitted; and if applicable, identify any associated deadlines or hearing dates of the court or agency with which the document is to be filed or submitted. 
  • Include on the first page of the contract a statement in boldface type that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person. 
  • Include a statement that any complaint concerning the registrant may be directed to:
    (1) If the complaint involves an alleged violation of this chapter, the Secretary of State; or
    (2) If the complaint involves an allegation that the registrant is engaged in the unauthorized practice of law, the office of Bar Counsel of the State Bar of Nevada, with the toll-free telephone number and Internet address for making the complaint. 
  • State the date of the client’s signature on the contract, if the client agrees to the terms of the contract.

Is a contract ever voidable?

A contract between a document preparation service/registrant and a client that does not comply with any requirement of NRS 240A.190 is voidable by the client.

Is there a standard contract or contract template that the document preparation services/registrant can use?

No. The State does not provide a standard contract or template. It is the responsibility of the document preparation service to develop a contract that meets the statutory requirements. It is recommended that a as client you review the contract carefully before signing to make sure it contains the information required by law.

What if the document preparation service/registrant does not comply with the contract requirement?

If you believe that a document preparation service/registrant has not complied with contract requirements, you should file a complaint with the Secretary of State.

If there is a dispute over fees or costs between the document preparation service/registrant and the client, can the document preparation service/registrant retain the client’s documents?

No, the duties of a document preparation service as they pertain to a client’s documents are not affected by a dispute existing between the registrant and the client over the document preparation service’s fees or costs.

Is the document preparation service/registrant required to provide any information on documents prepared for me as the client?

Yes, NRS 240A.200 requires that any document prepared by a registrant for a client must contain the registrant’s name, business address and telephone number and registration number and be placed below any required signature of the client.

Does a document preparation service/registrant need to display his or her Certificate of Registration?

Yes. Each registrant must display conspicuously in his or her place of business a copy of his or her certificate of registration and a written notice. The notice must be:

  • Be not less than 12 by 20 inches in size, and each character of text in the notice must be not less than 1 inch in height and 1 inch in width. 
  • Be written in English and in each other language in which the registrant transacts business with the registrant’s clients. 
  • Contain a statement that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person. 
  • Contain the full name of the registrant or, if more than one registrant is providing services at that place of business, the full name of each such registrant. 
  • Contain a list of the services provided by the registrant and the fee charged for each such service. 
  • Contain a statement that the registrant has filed with the Secretary of State a cash bond or surety bond, stating the amount and any identifying number of the bond.

Does a document preparation service/registrant have to display the state business license?

Yes, each registrant must display conspicuously in the place of business a copy of the State business license issued to the registrant or the registrant’s employer, as applicable, by the Secretary of State and any business license issued to the registrant or the registrant’s employer, as applicable, by a local government in this State.

How do I verify if a business providing document preparation services is registered?

The Secretary of State’s website, nvsos.gov contains a public search for document preparation services that have been approved and issued a certificate of registration.

How do I check to see if a registrant is suspended or revoked?

The Secretary of State’s website, nvsos.gov contains a public search for document preparation services that have been approved and issued a certificate of registration. It also contains the status of a registrant that will list if a registration is suspended or revoked.

Are document preparation services allowed to provide legal advice?

No, a document preparation service cannot provide legal advice unless the person is a licensed attorney in the State of Nevada.

Can a document preparation service/registrant use or advertises services as a Notario?

No, not unless the person providing the document preparation services is a licensed attorney in the State of Nevada.

Can a notary public use the term Notario?

NRS 240.085 states that a notary public who is not an attorney licensed to practice law in this State shall not use the term “notario,” “notario publico” or any other equivalent non-English term in any form of communication that advertises his or her services as a notary public, including, without limitation, a business card, stationery, notice and sign.

Can a document preparation service/registrant who is also notary public advertise his or her services as a notary in a language other than English?

NRS 240.085 requires that any notary public who is not an attorney licensed to practice law in this State and who advertises his or her services as a notary public in a language other than English by any form of communication, except a single plaque on his or her desk, shall post or otherwise include with the advertisement a notice in the language in which the advertisement appears. The notice must be of a conspicuous size, if in writing, and must appear in substantially the following form:

I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT LICENSED TO GIVE LEGAL ADVICE. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE

Does the Secretary of State provide a list of person appointed a notary public in this State?

The Secretary of State maintains a list of Suspended, Cancelled or Revoked notary appointments. You can view this list by clicking here.

How do I check to verify a person is a notary public?

You can contact the Secretary of State’s office at 775-684-5708 or 1-800-450-8594. Or by emailing the notary division at nvnotary@sos.nv.gov.  

How do I check to see if a How do I check to find out if a document preparation service/registrant is a licensed attorney?

The State Bar of Nevada has a free web search on its website at http://www.nvbar.org/find-a-lawyer.
 
Does the Secretary of State’s directory of registrants tell me if someone is a licensed attorney in the State of Nevada?

No, the State Bar of Nevada posts a search directory of licensed attorneys on its website at http://www.nvbar.org/find-a-lawyer. Please check the State Bar website to determine if a registrant is licensed to practice law in Nevada.

What do I do if I think a document preparation service is engaging in the unauthorized practice of law?

If you believe that a person is or has engaged in the unlicensed practice of law, you can file a complaint with the State Bar of Nevada. A complaint form is available by clicking on this link http://www.nvbar.org/sites/default/files/UPL%20Complaint%20Form.pdf.

Can the Secretary of State’s office represent me in court?

No, the State of Nevada does not represent individuals. We can bring an action for a violation of the law but we cannot give you legal advice or provide representation.

Last updated: 2/27/2014 5:53:39 PM