Revision: March 27, 2014, midnight
HB 590 – AS AMENDED BY THE HOUSE
8Jan2014… 0785h
2013 SESSION
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
This bill allows a person who is not authorized to practice law but who is a member, trustee or employee of a limited liability company, corporation, or partnership, which has 5 or fewer members, to represent the entity on civil matters in the circuit court of New Hampshire.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Jan2014… 0785h
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.
I. 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.
II. Notwithstanding paragraph I, a person of good character who is not approved to practice law in New Hampshire, but is a member or employee of a limited liability company, corporation, or partnership, which has 5 or fewer members, shall, with the proper written authorization from the organization, be authorized to represent the entity on civil matters in the circuit court of New Hampshire; provided that each such appearance shall require a new written authorization.
3 Effective Date. This act shall take effect 60 days after its passage.