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Bar News - November 23, 2001


Relevant Statutes

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 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.

Source. RS 177:1. CS 187:1. GS 199:1. GL 218:1. PS 213:1. PL 325:1. RL 381:1. RSA 311:1. 1996, 117:2, eff. May 15, 1996. 1999, 251:1, eff. Jan. 1, 2000.

311:7 Prohibition. - No person shall be permitted commonly to practice as an attorney in court unless he has been admitted by the court and taken the oath prescribed in RSA 311:6.

Source. RS 177:6. CS 187:6. GS 199:6. GL 218:6. PS 213:6. PL 325:7. RL 381:7.

311:7-a Petition for Injunction. - I. Upon the attorney general's own information or upon complaint of any person, including any judge or any organized bar association in this state, the attorney general may maintain an action for injunctive relief in the supreme or superior court against any person who renders, offers to render, or holds himself or herself out as rendering any service which constitutes the unauthorized practice of the law. Any organized bar association in this state may intervene in the action, at any stage of the proceeding, for good cause shown.

II. The action may also be maintained by the bar association of the state of New Hampshire.

Source. 1967, 290:1, eff. Aug. 26, 1967. 1996, 117:4, eff. May 15, 1996.

311:11 Practice by Corporations Prohibited. - 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 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.

Source. 1935, 34:1. RL 381:11. RSA 311:11. 1973, 529:66, eff. at 11:59 P.M., Oct. 31, 1973.

311:11-a Exception. - The word "corporation" as used in RSA 311:11 shall not include a corporation of attorneys organized as a professional association under the provisions of RSA 294-A.

Source. 1970, 2:1, eff. June 8, 1970.

 

 

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