HB590 (2013) Detail

Relative to the unauthorized practice of law.


HB 590 – AS INTRODUCED

2013 SESSION

13-0641

01/10

HOUSE BILL 590

AN ACT relative to the unauthorized practice of law.

SPONSORS: Rep. Souza, Hills 43; Rep. Dumaine, Rock 4; Rep. Itse, Rock 10; Rep. Gagne, Hills?13; Rep. Weyler, Rock 13; Rep. Jones, Straf 24; Rep. Infantine, Hills 13

COMMITTEE: Judiciary

ANALYSIS

This bill allows persons who are not licensed by the supreme court to practice as attorneys to be the personal representatives for parties no more than 10 times in a calendar year.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0641

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to the unauthorized practice of law.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Right to Appear. Amend RSA 311:1 to read as follows:

311:1 Right to Appear, etc. A party in any cause or proceeding may appear, plead, prosecute or defend in his or her proper person, that is, pro se, or in accordance with RSA 311:7, may be represented by any citizen of good character. For the purposes of this section, a citizen shall be presumed to be of good character unless demonstrated otherwise.

2 Attorneys; Practice of Law. Amend RSA 311:7 to read as follows:

311:7 Prohibition. No person shall be permitted commonly to practice as an attorney in court unless he or she has been admitted by the court and taken the oath prescribed in RSA 311:6. The requirements of this section shall also apply to persons of good character representing a party when such persons, who are not members of the New Hampshire Bar, represent parties no more than 10 times in a calendar year. For the purposes of this section, a party shall include an entity in which the person representing the entity has an ownership interest.

3 Effective Date. This act shall take effect 60 days after its passage.