When to Refer a Client to a Civil Attorney: A Guide for Nevada Therapists

Clinicians hear things no one else hears. A client mentions, almost in passing, the crash that still keeps them off the freeway. Another describes the "therapeutic boarding school" in Utah they were sent to at fifteen. Another finally names what happened at work, or at church, years ago.

Your work is the healing. Sometimes, though, part of what a client is carrying is also a legal question. This guide is written for Nevada marriage and family therapists, clinical social workers, clinical professional counselors and psychologists who want a simple, respectful way to think about when a civil attorney might be worth a client's time.

The short answer: A referral to a civil attorney may be worth mentioning when a client's trauma traces to something another person or institution did, such as a crash, abuse in a program or institution, or assault at work or school. Nevada privilege law has a patient-litigant exception, mandated reporting is a separate duty, and claims against a perpetrator of childhood sexual abuse have no time limit in Nevada, while some related claims do. You can raise the topic gently and leave the decision with your client.

Signs a Nevada Client's Trauma May Be Legally Actionable

Most painful experiences are not lawsuits, and you are not being asked to screen for them. These are simply patterns where a client may benefit from a conversation with a lawyer:

• Car, truck or pedestrian crashes with lingering trauma. Anxiety while driving, startle responses, sleep disruption or depression that began after a crash someone else caused. Emotional injuries can be part of an injury claim, and clients often don't realize that.
• Abuse inside an institution. Schools, churches, youth sports, camps, group homes and other places where adults had authority and access.
• Troubled-teen programs. Wilderness programs, residential treatment centers and therapeutic boarding schools, in Nevada or elsewhere, where clients describe isolation, restraint, humiliation or sexual abuse.
• Workplace or institutional sexual assault. Especially where the client reported it and the institution failed to respond, or responded by punishing the client.

How to Raise a Referral Without Pressure

Clients who were harmed by people in authority can be sensitive to anyone steering them. A light touch protects the therapeutic relationship:

• Offer information, not a recommendation. Something like: "Some people in your situation choose to talk with a lawyer, just to understand their options. That's entirely up to you."
• Let the client set the pace. Some clients are ready right away; others come back to it months later; many never do. All are fine.
• Keep your role clinical. You don't need to evaluate whether a claim is strong, and you don't need to become an advocate.
• Give them a resource they control. A phone number or website they can contact on their own time keeps the choice in their hands.

If you'd like to talk through a general question first, you are welcome to call without client identifiers. Please don't share names or identifying details. And to be clear: No referral fees are paid. Nothing of value is offered for referrals.

Nevada Psychotherapist Privilege and the Patient-Litigant Exception

Nevada's privilege rules are in NRS Chapter 49, with separate sections for each profession. Each gives the client the privilege to refuse to disclose, and to prevent others from disclosing, confidential communications made for diagnosis or treatment.

| Profession | Privilege sections | Treatment-as-element exception | |---|---|---| | Psychologists | NRS 49.207 to 49.213 | NRS 49.213(3) | | Marriage and family therapists | NRS 49.246 to 49.249 | NRS 49.249(4) | | Clinical professional counselors | NRS 49.2502 to 49.2508 | NRS 49.2508(4) | | Social workers | NRS 49.251 to 49.254 | Not in the same words; see below |

For psychologists, MFTs and CPCs, the statutes say there is no privilege for communications relevant to an issue of the client's treatment in a proceeding in which the treatment is an element of a claim or defense. This is commonly called the patient-litigant exception. In practice, when a client brings a lawsuit that puts their emotional injuries and treatment at issue, relevant treatment records may be requested in the case.

The social worker exceptions in NRS 49.254 are worded differently and do not include that same "element of a claim or defense" language. They do include an exception where disclosure is otherwise required by law. How social work records are handled in a given case is a good question for the client's attorney.

What this means for you:

• Privilege belongs to the client. You may claim it on the client's behalf, but the client decides whether to waive it.
• Clients should know the trade-off. A client considering a claim deserves to hear, from their attorney, that their therapy may become part of the case. That conversation is the lawyer's job, not yours.
• Keep documenting as you normally would. Clear, contemporaneous, clinical notes serve your client well. Never alter a record after a legal matter begins.
• When a subpoena or records request arrives, consult your licensing board guidance, your professional liability carrier or your own counsel before responding.

Mandated Reporting Is a Separate Duty (NRS 432B.220)

A client's choice about a civil case has nothing to do with your reporting obligations. Under NRS 432B.220, people licensed under chapters 641 (psychologists), 641A (marriage and family therapists and clinical professional counselors) and 641B (social workers) of NRS are among the mandated reporters. When such a person, in a professional capacity, knows or has reasonable cause to believe that a child has been abused or neglected, the person must report to a child welfare agency or law enforcement as soon as reasonably practicable, and no later than 24 hours.

NRS 432B.250 adds that a mandated reporter may not invoke the Chapter 49 privileges for failing to make a report, when cooperating with a child welfare agency, or in certain child protection proceedings.

When an adult client discloses abuse from their own childhood, whether a report is required can depend on the facts, such as whether other children may currently be at risk. Your licensing board, supervisor or own counsel is the right resource for that judgment. A civil attorney represents the client and can't advise you on your reporting duties.

Nevada Childhood Sexual Abuse Claims: Time Limits Under NRS 11.215

Many clinicians assume an adult survivor's window has closed. In Nevada, that's often not true. NRS 11.215, as amended in 2021, provides:

• Claims against the perpetrator. An action for injury arising from sexual abuse or sexual exploitation that occurred before age 18 may be brought against the alleged perpetrator, or a person convicted of the abuse, at any time after the abuse occurred. If the injury came from a series of acts, the survivor doesn't have to identify which act caused it.
• Claims against those who knowingly benefited. NRS 41.13965 allows claims against a person who knowingly benefited from participation in a venture that the person knew or should have known engaged in sexual abuse or exploitation. Under NRS 11.215(3), those claims must be filed within 20 years after the plaintiff turns 18.

Claims against institutions on other theories, such as negligent supervision or hiring, may be governed by different and potentially shorter deadlines. That's one reason an early conversation helps, even if the client isn't ready to decide anything.

For survivors abused as adults, a separate statute added in 2023, NRS 11.217, allows an action against the alleged perpetrator of a sexual assault at any time.

FAQ

When should a Nevada therapist refer a client to a civil attorney?

Consider mentioning it when a client's trauma traces to something another person or institution did, such as a crash, abuse in a school, church or youth program, or a sexual assault at work. The goal is simply to let the client know a legal option may exist. The decision always stays with the client.

Does a lawsuit waive therapist-client privilege in Nevada?

For psychologists, marriage and family therapists and clinical professional counselors, Nevada law has an exception for communications relevant to the client's treatment when that treatment is an element of a claim or defense. So when a client sues over emotional injuries, relevant therapy records may be requested. The social worker statute is worded differently, so the client's attorney should address that question.

Does a Nevada therapist's mandated reporting duty change if the client wants to sue?

No. Mandated reporting under NRS 432B.220 is a separate legal duty that applies regardless of any civil case. Nevada licensed psychologists, MFTs, CPCs and social workers must report known or reasonably suspected child abuse or neglect within 24 hours. Questions about a specific situation should go to your licensing board, supervisor or own counsel.

Is there a time limit for childhood sexual abuse lawsuits in Nevada?

Under NRS 11.215, a survivor of childhood sexual abuse may sue the alleged perpetrator at any time. Claims under NRS 41.13965 against people who knowingly benefited from a venture involved in the abuse must be filed within 20 years after the survivor turns 18. Claims against institutions on other theories may have different deadlines.

Do Nevada attorneys pay referral fees to therapists?

No referral fees are paid, and nothing of value is offered to therapists for referrals. A referral should be made only because it may help the client.

Can I call a lawyer to ask a general question about a client's situation?

Yes, a general question is fine as long as you leave out names and any identifying details. Speak in hypotheticals, and let the client decide whether to reach out directly.

For wills, estate plans, record sealing and other legal paperwork, Frank's flat-fee practice is at signature.law.

Next step

If a client might benefit from a confidential conversation about their options, they can contact Frank Stucki, Esq., MBA directly at bornandraisedlaw.com or 702.702.BORN (702-702-2676), or start at frankstucki.com/start. Clinicians are welcome to call with a general question, without client identifiers. No referral fees are paid.

Frank Stucki, Esq., MBA is licensed in California, Nevada, Washington and Utah; cases in other states are handled with local co-counsel licensed there.

This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising.

Sources

• https://www.leg.state.nv.us/NRS/NRS-049.html (NRS 49.207 to 49.213; 49.246 to 49.249; 49.2502 to 49.2508; 49.251 to 49.254)
• https://www.leg.state.nv.us/NRS/NRS-432B.html (NRS 432B.220, 432B.250)
• https://www.leg.state.nv.us/NRS/NRS-011.html (NRS 11.215, 11.217)
• https://www.leg.state.nv.us/NRS/NRS-041.html (NRS 41.13965)