Revision: Dec. 18, 2025, 2:02 p.m.
HB 1825-FN-A - AS INTRODUCED
2026 SESSION
26-3236
04/09
HOUSE BILL 1825-FN-A
SPONSORS: Rep. Sabourin dit Choiniere, Rock. 30; Rep. Bernardy, Rock. 36; Rep. Comtois, Belk. 7; Rep. DeRoy, Straf. 3; Rep. Granger, Straf. 2; Rep. D. Kelley, Hills. 32; Rep. Corcoran, Hills. 28; Rep. Moffett, Merr. 4; Rep. Tom Mannion, Hills. 1; Rep. Bailey, Straf. 2
COMMITTEE: Judiciary
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ANALYSIS
This bill restructures the regulation of legal practice in New Hampshire.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-3236
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Sections; Freedom to Practice Law. Amend RSA 311 by inserting after section 1 the following new sections:
311:1-a Freedom to Practice Law.
I. In this chapter:
(a) "Bar examination" means the uniform examination administered to test knowledge of New Hampshire and federal law.
(b) "Board" means the legal licensing board established under RSA 311:3.
(c) "Good moral character" means the presumptive status of all persons unless demonstrated otherwise through clear and convincing evidence of conduct incompatible with the practice of law.
(d) "Legal apprenticeship" means a structured study and practice of law under the supervision of a licensed attorney or judge according to standards established by the board.
(e) "Practice of law" means the application of legal principles and judgment to the circumstances or objectives of another person or entity, including but not limited to:
(1) Representation of another before a court or administrative body;
(2) Preparation of legal documents that affect legal rights for compensation;
(3) Provision of legal advice for compensation; or
(4) Negotiation on behalf of another in legal matters.
(f) "Supervised practice" means the practice of law under the direct supervision and responsibility of a licensed attorney or judge according to the standards established by the board.
311:1-b Public Access to the Bar Examination.
I. Any member of the public may apply to sit for the New Hampshire bar examination without regard to educational background, professional experience, or intent to practice law.
II. The examination shall test knowledge of:
(a) New Hampshire statutory and common law;
(b) Federal constitutional law;
(c) Professional responsibility and ethics; and
(d) Core areas of legal practice as determined by the board.
III. Passing the examination shall not confer the right to practice law but may be:
(a) Publicly disclosed by the examinee;
(b) Used as a credential for academic, employment, or advocacy purposes; or
(c) Considered as one element of eligibility for licensure under RSA 311:5.
IV. The board shall issue certificates documenting bar passage to any person who passes the examination and requests such documentation.
V. Being under the age of 18 shall not preclude a person from taking the bar examination.
VI. The board may charge reasonable fees to cover the cost of examination administration.
2 Attorneys and Counselors; License to Practice. Amend RSA 311:2 to read as follows:
311:2 [Admission] License to Practice. – Any [citizen] person of the age of 18 years, of good moral character and suitable qualifications, on application to [the supreme court] the legal licensing board shall be [admitted] licensed to practice as an attorney in accordance with the provisions of this chapter.
3 Legal Licensing Board Established. RSA 311:3 through 311:13 is repealed and reenacted to read as follows:
311:3 Legal Licensing Board Established.
I. There is hereby established an independent legal licensing board consisting of 12 members appointed as follows:
(a) Two members appointed by the New Hampshire supreme court, at least one of whom shall be a retired justice or judge;
(b) Two members appointed by the governor with consent of the executive council;
(c) Two members appointed by the speaker of the house of representatives;
(d) One member appointed by the president of the senate; and
(e) Five public members who have never been licensed to practice law, appointed by the governor from a list of at least 10 nominees selected through a public application process administered by the secretary of state.
II.(a) Members shall serve staggered four-year terms, except initial appointees who shall serve terms as follows: 4 members for 2 years, 4 members for 3 years, and 4 members for 4 years, as designated by lot at the first meeting.
(b) Members may be removed only for cause by the appointing authority after notice and opportunity for hearing.
(c) No member may serve more than 2 consecutive full terms.
III.(a) The board shall elect a chair and vice-chair annually from among its members.
(b) Seven members shall constitute a quorum.
(c) The board shall meet at least quarterly and may hold additional meetings as necessary.
(d) Members shall receive per diem compensation and reimbursement for necessary expenses incurred in the performance of their duties, in accordance with RSA 94:1-a and applicable state travel policies.
IV.(a) No member may participate in any matter in which they have a direct financial interest.
(b) Members who are licensed attorneys may not represent clients before the board for two years after their service ends.
311:4 Board Authority.
I. The board shall have exclusive authority to:
(a) Grant, deny, renew, suspend, and revoke licenses to practice law in New Hampshire;
(b) Establish and enforce educational and experiential requirements for licensure;
(c) Determine character and fitness standards;
(d) Administer the bar examination;
(e) Maintain public records of all licensed attorneys; and
(f) Establish fees necessary to support its operations.
II. The board shall determine competence based on:
(a) Educational or training standards;
(b) Examination results;
(c) Supervised practice experience; and
(d) Other factors demonstrating legal knowledge and skill as established by rule.
III. The board shall assess ethical fitness based on:
(a) Background investigations;
(b) Moral character evaluation;
(c) History of professional conduct; and
(d) Other relevant factors as established by rule.
IV. Discipline and disbarment shall be administered pursuant to RSA 311:9 through RSA 311:11 of this subdivision.
V. The board shall adopt rules pursuant to RSA 541-A within 180 days of its formation.
311:5 Licensure Eligibility.
I. An applicant may qualify for licensure through any one of the following pathways, provided they also satisfy character and fitness requirements established by the board:
(a) Traditional path:
(1) Juris doctor degree from an American Bar Association (ABA)-accredited law school; and
(2) Passage of the New Hampshire bar examination.
(b) Apprenticeship path:
(1) Four years of supervised legal study in a law office or judge's chambers under a structured program approved by the board; and
(2) Passage of the New Hampshire bar examination.
(c) Direct examination path with supervision:
(1) Passage of the New Hampshire bar examination without formal law school or apprenticeship; and
(2) Completion of between one and 2 years of supervised practice under a licensed attorney, with the specific duration determined by the board based on examination performance and other relevant factors.
(d) Reciprocity path:
(1) Active license in good standing in another United States jurisdiction for at least 2 years; and
(2) Such other requirements as the board may establish by rule.
(e) Foreign legal education path:
(1) Degree from a foreign law school; and
(2) Additional requirements as established by board rules to ensure equivalent competence.
311:6 Terms of Licensure.
I. Every attorney licensed to practice shall take and subscribe the oaths to support the constitution of this state and of the United States, and the oath of office in the following form:
You solemnly swear or affirm that you will do no falsehood, nor consent that any be done in the court, and if you know of any, that you will give knowledge thereof to the justices of the court, or some of them, that it may be reformed; that you will not wittingly or willingly promote, sue or procure to be sued any false or unlawful suit, nor consent to the same; that you will delay no person for lucre or malice, and will act in the profession of an attorney according to the best of your learning and discretion, and with all good fidelity as well to the court as to your client. So help you God or under the pains and penalty of perjury. The legal licensing board shall have authority to determine by administrative rule the manner in which the oaths shall be administered.
II. Once licensed, an attorney in good standing shall have a perpetual right to practice law in New Hampshire, subject only to:
(a) Disciplinary action for professional misconduct; or
(b) Voluntary inactive status.
III. No licensed attorney shall be required to:
(a) Pay mandatory annual dues or fees beyond initial licensure and optional renewal fees;
(b) Join or maintain membership in any bar association or professional organization; or
(c) Participate in any activities not directly related to maintaining competence and ethical standards.
IV. Attorneys may voluntarily place their license in inactive status and reactivate it upon demonstration of continued competence as determined by board rule.
311:7 Voluntary Bar Associations.
I. The New Hampshire bar association and any other professional legal associations shall operate as private, voluntary membership organizations.
II. Such associations may:
(a) Offer continuing legal education programs;
(b) Provide networking opportunities;
(c) Issue voluntary certifications;
(d) Engage in advocacy and public service;
(e) Publish legal resources; and
(f) Provide member benefits and services.
III. Membership or non-membership in any bar association:
(a) Shall have no bearing on licensure or the right to practice law;
(b) May be publicly disclosed by attorneys as they choose; and
(c) Shall not be a factor in any disciplinary proceedings.
IV. Attorneys may market themselves as members of professional associations or explicitly as independent practitioners.
311:8 Relationship Between Licensure and Court Practice.
I. Licensure by the board under this chapter constitutes authorization to engage in the general practice of law in New Hampshire, including but not limited to:
(a) Providing legal advice and counsel;
(b) Drafting legal documents;
(c) Negotiating on behalf of clients; and
(d) Representing clients in administrative proceedings.
II. The supreme court retains exclusive authority to determine who may practice before the courts of this state. The court may by rule:
(a) Accept board licensure as sufficient qualification for court practice;
(b) Establish additional requirements for court practice; or
(c) Maintain separate admission standards for court practice.
III. Nothing in this chapter shall be construed to limit the supreme court's inherent authority to regulate practice before the courts or to discipline attorneys for misconduct in judicial proceedings.
311:9 Discipline.
I. For purposes of general licensure under this chapter, the board shall establish and maintain a professional conduct committee consisting of members appointed pursuant to rules adopted under RSA 541-A, including both attorneys and public members.
II. This professional conduct committee shall investigate and make recommendations to the board regarding:
(a) Violations of professional conduct rules;
(b) Fitness to maintain licensure under this chapter; and
(c) Complaints regarding the general practice of law.
III. The board shall make final determinations on disciplinary matters within its jurisdiction, subject to appeal to the supreme court.
IV. The supreme court may maintain its own professional conduct procedures for matters involving practice before the courts. In the interest of efficiency and consistency, the court may by rule:
(a) Adopt the board's disciplinary procedures and findings;
(b) Delegate certain disciplinary functions to the board's professional conduct committee; and
(c) Maintain concurrent or exclusive jurisdiction over specified matters.
V. Any felony conviction shall result in automatic suspension of licensure pending board review, with disbarment required unless extraordinary circumstances exist.
311:10 Effect of Suspension.
No person while suspended from practice pursuant to RSA 311:9, or until the person's restoration to office, shall be permitted to practice as an attorney before any court or magistrate, or elsewhere; and any writ or other process made by such person for another, while thus disqualified, shall be void.
311:11 Appeals and Judicial Review.
I. Any person aggrieved by a board decision regarding licensure or discipline may appeal to the New Hampshire supreme court within 30 days.
II. The supreme court shall review board decisions as follows:
(a) Constitutional and legal questions shall be reviewed de novo;
(b) Factual findings shall be upheld if supported by substantial evidence; and
(c) The court shall give appropriate deference to the board's interpretation of licensure statutes and rules within its expertise.
III. The supreme court retains inherent and exclusive authority to:
(a) Regulate practice and procedure before all courts of this state;
(b) Admit attorneys pro hac vice for specific cases;
(c) Discipline attorneys for misconduct occurring in judicial proceedings; and
(d) Determine final admission to practice before the courts, which may include accepting or rejecting board licensure.
311:12 Practice by Corporations Prohibited.
I. No corporation shall practice or appear as an attorney in any court in the state or before any judicial body or hold itself out to the public or advertise as being entitled to practice law, and no corporation shall draw agreements, or other legal documents not relating to its lawful business, or draw wills, or practice law, or give legal advice or legal information as an attorney, or hold itself out in any manner as being entitled to do any of the foregoing acts, by or through any person orally or by advertisement, letter, or circular; provided that the foregoing prohibition shall not prevent a corporation from employing an attorney in regard to its own affairs or in any litigation to which it is or may be a party. Any person other than a natural person violating any provisions of this section shall be guilty of a felony. Any natural person, including every officer, agent, or employee of any such corporation, who, on its behalf, directly or indirectly engages in any of the acts herein prohibited or assists such corporation to do such prohibited acts shall be guilty of a misdemeanor. The word “corporation” as used in this section shall not include a corporation of attorneys organized as a professional association under the provisions of RSA 294-A.
II. Nothing in this section shall be construed to prohibit representation under RSA 503:11.
311:13 Permissible Enforcement Against Unauthorized Practice of Law.
I. The attorney general may, upon receiving a credible complaint or on the attorney general’s own initiative, file a petition in the superior court or supreme court for injunctive relief against any person who:
(a) Knowingly and falsely represents themselves to be a licensed attorney;
(b) Knowingly and falsely claims to be authorized to engage in the practice of law; or
(c) Appears on behalf of another person before any court, tribunal, or quasijudicial body without legal authorization to do so, except as otherwise permitted by law.
II. Nothing in this section shall be construed to prohibit non-lawyers from providing assistance with legal forms, legal information, or other services related to the legal system, provided that:
(a) They do not knowingly misrepresent their qualifications; and
(b) They do not hold themselves out as attorneys or licensed legal representatives.
III. Any organized bar association in the state may, for good cause shown, intervene in
any action brought under this section.
311:14 Permissive Lien on Proceeds of Representation.
I. An attorney representing a client in any civil, administrative, or other legal proceeding may, with the client’s informed written consent, include in the terms of their engagement or fee agreement a provision granting the attorney a lien for reasonable fees and expenses. If such a lien is agreed to in writing, it shall attach to:
(a) The client’s legal claims or causes of action;
(b) Any judgment, decree, order, or settlement in the client’s favor; and
(c) Any proceeds derived therefrom.
II. Such a lien shall be enforceable in accordance with its terms, and may be determined and enforced upon petition by either the client or the attorney in the court where the proceeding is pending. If the matter is not before a court, the superior court shall have jurisdiction to determine and enforce the lien.
III. Nothing in this section shall be construed to create a lien in the absence of a written agreement, nor shall it apply to matters arising under RSA 282-A, or to any proceeding in which the method for determining attorneys’ fees is otherwise expressly governed by statute.
311:15 Attorney General Investigations.
I. The attorney general may investigate any alleged violation of this section. In the course of such investigation, the attorney general or their designee may:
(a) Subpoena witnesses;
(b) Compel the attendance of witnesses and the production of documents; and
(c) Examine witnesses under oath.
II. All provisions of law relating to civil subpoenas, witness attendance, and witness fees shall apply to investigations under this section.
III. If a person fails to comply with a subpoena or refuses to testify, the superior court may, upon application by the attorney general, issue an order compelling compliance. Failure to obey such order may be punished as contempt of court.
IV. Upon request, public officers and employees shall cooperate with the attorney general’s office in investigations under this section.
V. Investigations under this section shall remain confidential, except as required for enforcement or in the discharge of official duties. Any person who knowingly discloses confidential investigative information without lawful authority shall be guilty of a misdemeanor.
VI. Any person who is the subject of an investigation under this section shall be provided:
(a) A written summary of the specific issues under inquiry; and
(b) A reasonable opportunity to respond and to present evidence.
311:16 Severability.
If any provision of this act or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
311:17 Constitutional Savings Clause.
If any portion of this chapter is found to violate Part II, Article 73-a regarding the supreme court's inherent authority over court practice, such finding shall not invalidate the remainder of this chapter, which shall continue to govern licensure for the general practice of law outside of court proceedings.
I. Board Formation:
(a) Appointments to the board shall be made within 60 days of this act's effective date.
(b) The board shall hold its first meeting within 30 days of all appointments being made.
(c) The secretary of state shall provide temporary administrative support until the board establishes its own operations.
II. Existing Practitioners:
(a) All persons currently admitted to practice law in New Hampshire as of January 1, 2027, shall automatically be deemed licensed under this act without reapplication or additional fees.
(b) Such persons shall receive a license certificate from the board upon request.
II-A. Existing paraprofessionals. Any person authorized to provide legal services under the paraprofessional provisions in effect prior to January 1, 2027, may continue to provide such services and shall be deemed enrolled in the apprenticeship path pursuant to RSA 311:5, I(b), with credit for time already served.
III. Pending Applications:
(a) Applications for admission pending on January 1, 2027, shall be transferred to the board for processing under the new system.
(b) Applicants may elect to have their applications processed under the prior system if they make such election within 30 days of notice from the board.
IV. Transfer of Records:
(a) The supreme court shall transfer all records relating to attorney admission to the board within 90 days of the board's formation.
(b) The professional conduct committee shall retain all disciplinary records.
V. Rulemaking:
(a) The board shall adopt initial rules within 180 days of formation.
(b) Until such rules are adopted, current supreme court rules regarding bar admission shall remain in effect as board regulations.
VI. Mandatory Bar Association Membership:
(a) Any requirement of membership in the New Hampshire bar association as a condition of practicing law shall cease on January 1, 2027.
(b) Attorneys may terminate their membership without penalty as of that date.
(c) The bar association shall refund any prepaid dues for periods after January 1, 2027, upon request.
VII. Funding:
(a) The board shall operate using funds appropriated under Section 7 until June 30, 2029.
(b) Beginning July 1, 2029, the board shall be self-sustaining through licensure and examination fees, except that the board may continue to receive additional funding as appropriated by the legislature.
VIII. Judicial Coordination:
(a) The chief justice and the board chair shall meet within 90 days of the board's formation to coordinate implementation of this act.
(b) The supreme court is encouraged to promulgate rules recognizing board licensure as qualification for court practice, while retaining its constitutional authority over judicial proceedings.
(c) Until the supreme court acts by rule, persons licensed by the board shall be authorized to engage in the general practice of law as defined in this chapter.
IX. Existing Disciplinary Structures: Nothing in this act shall be construed to abolish or supersede existing attorney disciplinary structures maintained by the judicial branch, which may continue to operate within their constitutional authority.
5 Appropriation; General Fund.
I. The sum of $500,000 is hereby appropriated from the general fund for fiscal year 2027 for the establishment and initial operations of the legal licensing board. This appropriation:
(a) Shall not lapse until June 30, 2029;
(b) May be used for staff, office space, equipment, and operational expenses; and
(c) Shall be administered by the secretary of state until the board establishes independent operations.
II. The governor is authorized to draw a warrant for said sum from any money in the treasury not otherwise appropriated.
6 Effective Date. This act shall take effect January 1, 2027.
26-3236
12/17/25
HB 1825-FN-A- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Revenue Fund(s) | General Fund | |||||
Expenditures* | $0 | Indeterminable Increase $1,000,000+ | Indeterminable Increase $1,000,000+ | Indeterminable Increase $1,000,000+ | ||
Funding Source(s) | General Fund | |||||
Appropriations* | $0 | $500,000 | $0 | $0 | ||
Funding Source(s) | General Fund | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
The Office of Legislative Budget Assistant is unable to provide a complete fiscal note for this bill, as introduced, as it is awaiting information from the Department of State. The Department was originally contacted on 11/21/25 for a fiscal note worksheet. When completed, a revised fiscal note will be forwarded to the House Clerk's Office
METHODOLOGY:
This bill establishes an independent Legal Licensing Board to regulate the general practice of law. The bill creates new licensure pathways, authorizes the board to administer the bar examination, and provides for attorney discipline through a professional conduct committee, while maintaining the Judicial Branch’s constitutional authority over admission to practice before the courts and attorney discipline. The bill appropriates $500,000 from the General Fund to the Department of State in FY 2027 for the establishment and initial operations of the Legal Licensing Board, with funding not lapsing until June 30, 2029.
The cost to administer the independent Legal Licensing Board and to implement the new “freedom to practice law” provisions is unknown at this time. While the bill appropriates $500,000 from the General Fund in FY 2027 for the establishment and initial operations of the board, the level of ongoing expenditures that will be required once the board is fully operational is unknown. The bill states that beginning July 1, 2029, the board shall be self sustaining through licensure and examination fees, except that the board may continue to receive additional funding as appropriated by the legislature. Because the fee structure, number of applicants, and ongoing administrative and enforcement responsibilities are not yet defined, the fiscal impact on State expenditures beyond the initial appropriation as well as the impact on State revenues from fees cannot be determined.
The Judicial Branch states this bill would increase State expenditures by an indeterminable amount beginning in FY 2027 and continuing in FY 2028 and FY 2029. Under current law, the Judicial Branch administers attorney admission and discipline programs that are cost neutral, as these programs are fully supported by bar application fees, annual assessments paid by licensed attorneys, and reimbursements associated with disciplinary actions. This bill would establish a parallel attorney licensure and discipline system while the Judicial Branch would continue to operate its existing admission and disciplinary functions pursuant to its constitutional authority. The Judicial Branch states that while the bill appropriates $500,000 from the General Fund in FY 2027 for the establishment and initial operations of the legal licensing board, the bill also eliminates mandatory annual fees for licensed attorneys beyond initial licensure and optional renewal fees. As a result, there is no identified ongoing revenue source to support a parallel attorney discipline system. The Judicial Branch assumes that while initial licensing and examination fees may be sufficient to support the operations of the new licensing board through FY 2029, those fees are unlikely to cover the substantially higher costs associated with attorney discipline functions.
The Judicial Branch states that the attorney discipline system is significantly more resource intensive than the bar admissions process. In State Fiscal Year 2024, actual expenditures for the Attorney Discipline Office for 9.5 employees were approximately $1,560,000, while the Office of Bar Admissions for two employees incurred approximately $327,000 in expenditures. The bill would require the Judicial Branch to continue to cover the costs for the parallel discipline system related to staffing, office space, equipment, hearing expenses such as transcripts and stenographers, and the transfer and maintenance of thousands of existing disciplinary records. The bill would also require the creation and maintenance of a new digital disciplinary records system and would increase staff time needed to support the parallel system. Because it is unknown how many attorneys would pay initial licensing or examination fees, how responsibilities would be divided between the Judicial Branch and the new licensing board, and how the parallel discipline systems would function in practice, the Judicial Branch states the fiscal impact cannot be precisely determined. However, the Judicial Branch estimates that additional expenditures could exceed $1,000,000 and be up to $2,500,000 per fiscal year beginning in FY 2027 for Judicial Branch Expenditures.
The $500,000 appropriation funds the new Legal Licensing Board. The Judicial Branch fiscal impact reflects additional unfunded costs the courts believe they would incur by continuing to operate attorney admission and discipline systems in parallel with the new board, not the cost of running the new board itself.
AGENCIES CONTACTED:
Judicial Branch and Department of State