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Bar News - November 19, 2004 Court Proposes Rules on Multijurisdictional Practice, Other Areas THE SUPREME COURT has posted for public comment a number of rules changes approved by the Advisory Committee, affecting all levels of the courts and the Rules of Professional Conduct. The court is seeking comments by Dec. 17 before considering whether to adopt the rules. (Also, the Advisory Committee on Rules has posted another set of rules to be considered at a public hearing on Dec. 8, including rules establishing a new, more independent entity to hear judicial discipline complaints. These rule changes are at an earlier stage of review than the rules posted for comment by the court itself. See below.) Rules Proposed for Adoption - Limited Admission Among the more significant changes among the rules being posted by the court for public comment is a new Rule 5.5 that would permit attorneys licensed and in good standing in other jurisdictions to "provide legal services on a temporary basis in this State" that, generally "are reasonably related" to a matter arising in the lawyer’s regular area of practice. If a lawyer solely represents his or her employer and intends to practice regularly in New Hampshire, the attorney must obtain a "limited certificate of admission" and must:
Continuances - Scheduling Conflicts Also, the court approved a new Superior Court rule 49-a regarding continuances in the event of court scheduling conflicts, providing consistency with rules for the district and probate courts. The rule reads: Superior Court Rule 49-A: Where a trial has been scheduled in one case prior to the scheduling of another matter in another court, or elsewhere, where an attorney or party has a conflict in date and time, the case first scheduled shall not be subject to a continuance because of the subsequently scheduled matter which is in conflict as to time and date except as follows:
(b) Unusual circumstances causing the respective courts to agree that an order of precedence other than the above shall take place. Records Research Fees The court has also revised fees for records research, to provide more realistic fees for records searched electronically. See the entire Supreme Court order at http://www.courts.state.nh.us/supreme/orders/ordr2004003.htm Proposals for Rules Committee Hearing on Dec. 8 The Court’s Advisory Committee on Rules, in advance of its semi-annual public hearing on Wednesday, Dec. 8, 2004 at 1 p.m., will consider number of rules proposals, including a new Commission on Judicial Conduct based on recommendations made by members of the current Judicial Conduct Committee, designed to make the judicial discipline process more independent from the courts. Its membership would include members appointed by the governor, legislative leaders, and the Bar Association. The committee also will be considering proposals to create a category of licensed "legal consultants" for lawyers admitted to practice in foreign countries. Another proposal would enable certain applicants to be admitted to the Bar without examination. Such applicants would be have been enrolled in a special program at Franklin Pierce Law Center, to be called the Webster Scholar Program, that would require mastery of certain practical tasks along with the traditional law school curriculum. More on these rules in a future issue of Bar News. See http://www.courts.state.nh.us/supreme/orders/r20041108.htm.
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