Bar News - May 9, 2003
Maine Considers Northern NE Reciprocity
THE SUPREME JUDICIAL Court of Maine is considering proposed amendments to the Maine Bar admission rules that would implement reciprocal admission to the bars of Maine, New Hampshire and Vermont for qualified attorneys.
A public hearing on the proposal was held last month. The court has indicated it hopes to put the new arrangement into effect July 1, 2003.
Portions of Maine’s proposed rule applicable to NH Bar members are as follows:
Rule 11a.
Reciprocal Admission By Motion
(a) An applicant who is domiciled in the United States, is of the age of 18 years, and meets the following requirements may, upon motion, be admitted to the practice of law without taking and passing the bar examination required by Rule 10, provided that the state of New Hampshire...allows admission without examination of persons admitted to practice law in the state of Maine under circumstances comparable to those set forth in this rule. The applicant shall:
1. (A) Be licensed to practice law in the state of New Hampshire and be an active member of the New Hampshire bar;
2. (A) Have been engaged in the active practice of law in the state of New Hampshire for no less than three years immediately preceding the date upon which the motion is filed;
For the purposes of this rule, the "active practice of law" shall include the following activities:
(i) Representation of one or more clients in the private practice of law;
(ii) Service as a lawyer with a local, state, or federal agency, including military service;
(iii) Teaching law at a law school approved by the American Bar Association;
(iv) Service as a judge in a federal, state, or local court of record;
(v) Service as a judicial law clerk; or
(vi) Service as corporate counsel.
The "active practice of law" shall not include work that, as undertaken, constituted the unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which the clients receiving the unauthorized services were located.
3. Establish that the applicant is currently a member in good standing in all jurisdictions where admitted;
4. Establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any jurisdiction;
5. Establish that the applicant possesses the good moral character to practice law in the state of Maine; and
6. Have completed at least 15 hours of continuing legal education in Maine practice and procedure in courses approved by the Maine Board of Overseers of the Bar within one year immediately preceding the date upon which the motion is filed and be certified by the Maine Board of Overseers of the Bar as satisfying this requirement.
(b) An applicant who has failed the Maine bar examination within five years of the date of filing a motion for admission without examination shall not be eligible for admission on motion. An applicant who has resigned or who has been disbarred or suspended from the Maine bar shall not be eligible for admission under this rule.
(c) Any applicant for admission by motion shall comply with the application and good moral character requirements of Rules 5, 6 and 9 of the Maine Bar Admission Rules.
(d) Any applicant admitted to practice in accordance with this rule shall register as required by Rule 6 of the Maine Bar Rules and pay the annual fees required by Rule 10 of the Maine Bar Rules, and shall otherwise comply with the requirements of the Maine Bar Rules in the same manner as any other attorney admitted to active practice in the state of Maine.
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