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Bar News - September 5, 2003 Members' Input Sought on In-House Counsel Question IN THE COURSE of considering an application for admission on motion without examination [pursuant to New Hampshire Supreme Court Rule 42(10)], the Supreme Court asked for and received from an unnamed applicant a memorandum addressing the question whether the unnamed applicant’s current legal work as in-house counsel constitutes the unauthorized practice of law in New Hampshire. The Supreme Court has invited the Office of the Attorney General and the New Hampshire Bar Association to address the legal issue; the NHBA has until Oct. 1 to file memoranda. The Court’s July 2, 2003 order (note that the response date has been extended from 8/16/03 to 10/1/03) and unnamed applicant’s memorandum can be found under News Releases. The NHBA leadership will consider the Bar’s response to the Court at the Board of Governors Sept. 18, 2003 meeting, and is seeking comments from interested Bar members. The Bar’s response will likely reference pending ABA Model Rules 5.5 (c) & (d) (which have not been adopted in New Hampshire) and the relevant ABA comments, which can be found at the ABA’s Center for Professional Responsibility Web site at www.abanet.org/cpr. Look for the Model Rules of Professional Conduct, Rule 5.5. Interested members are asked to submit comments to the NHBA Board of Governors prior to Sept. 10 by e-mailing to: NHBAinfo@nhbar.org.
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