The Nevada Supreme Court affirmed the district court’s decision to strike the second amended complaint and reversed the decision to dismiss the remaining malpractice claim with prejudice. According to Nevada’s Uniform Power of Attorney Act, the Court held a non-lawyer agent working under a power of attorney regarding claims and litigation could not litigate an action pro se in place of the principal or engage in the practice of law on the principal’s behalf. The trial court correctly held that the appellant’s non-lawyer agent under a power of attorney was engaged in the unauthorized practice of law. The decision to dismiss the action with prejudice after the appellant failed to timely file a proper amended complaint amounted to a sanction for the appellant’s failure to comply with a court order.
Sargsian, Davit, "Eby v. Johnston Law Office, P.C., 138 Nev. Adv. Op. 56 (Sep. 08, 2022)" (2022). Nevada Supreme Court Summaries. 1538.