NH ATTORNEYS LOOKING to gain admission to another state's bar without going through the long, arduous process of taking another bar exam will benefit from a rule change recently approved by the NH Supreme Court that will allow for admission on motion to the NH Bar and, as a result, a reciprocal agreement with states that do the same.

The amendment to Rule 42 that allows for admission by motion was among a group of rules changes approved by the court Oct. 11.

The admission-on-motion rule will take effect March 1, 2003. The Supreme Court plans to finalize the forms and procedures for administering the new process by mid-February, according to David S. Peck, the Supreme Court's reporter of decisions and secretary of its Rules Committee. Although the forms will be available, the court will not accept applications for admission by motion until March 1, Peck said.

A link to the text of the admission-on-motion rule can be found in the About the Bar, under "Admission to the NH Bar."

Under the rule, attorneys admitted on motion to the NH Bar must have either passed the bar exam or been "primarily engaged in the active practice of law" for five of the last seven years in one or more states that offers reciprocity. (See the accompanying list identifying these states.) There is a lower threshold for Maine and Vermont, with which NH has reached a special reciprocity agreement. In those states, an attorney must have been actively practicing for only three of the last five years.

To be admitted by motion, attorneys must also complete the NHBA's Practical Skills Course, which provides an introduction to NH procedures and practice, within two years of admission. Applicants from Maine and Vermont must also complete at least 15 hours of continuing legal education on New Hampshire practice and procedure in courses approved by the NHMCLE Board within one year immediately preceding the application. Applicants must be certified by the NHMCLE Board as having satisfied this requirement.

Admission-on-motion applicants are subject to the same rules, discipline and fees as attorneys admitted after passing the bar exam. Applicants must:

• Have been admitted by bar examination in another state or the District of Columbia and passed the Multistate Professional Responsibility Examination;
• Have graduated from an ABA-accredited law school, with the exception of Vermont, which allows individuals to read for the law;
• Be in good standing in all jurisdictions where admitted, and not be subject to discipline or facing pending discipline in any state; and
• Meet the character and fitness standards of NH.

Admission by motion is not available to attorneys who otherwise meet the requirements, but failed the NH bar exam within the past five years, or who resigned from the NH Bar. (Those who resigned may be eligible for readmission by completing the requirements of Rule 37 (12-a).) Also, another part of Rule 42 indicates that those who have taken the NH bar exam four times without passing cannot take the exam again, nor can they be admitted on motion. (Those who failed the exam four times before the effective date of this rule will still be allowed a fifth chance to pass the exam.)

NH Supreme Court Justice Linda S. Dalianis, who was an integral part of developing the admission-by-motion rule, said that most importantly, the rule recognizes the reality of multi-jurisdictional practice. "What this rule is doing is acknowledging a reality that has been in existence for quite some time and giving the court better control over it," said Dalianis. "It allows the conduct machine to control the conduct of attorneys from other states who are practicing in New Hampshire."

Also, Dalianis said, there is the added - and obvious - benefit of NH attorneys being able to waive into the bars of other states with which NH now has reciprocity - something they couldn't do before. "They can be admitted in places they couldn't before," she said.

NH Bar President Martha Van Oot agreed that the rule will not only benefit NH attorneys through reciprocity, but will also protect the public. "I agree with the court that lawyers from other states are already practicing law in New Hampshire, and this rule allows the court to exercise its disciplinary power over those attorneys for the protection of New Hampshire clients," said Van Oot.

"Out-of-state attorneys who practice here without becoming familiar with New Hampshire laws will be subject to the same disciplinary rules that apply to New Hampshire lawyers who are not familiar with the law," she said.

"I believe that the rule recognizes the national trend towards multi-jurisdictional practice, which is an economic reality that we have to confront."

Attorney Todd Prevett, of Prevett & Prevett, Amherst, who spoke in opposition to the admission-by-motion proposal (see "Morning Mail" in the April 5, 2002 Bar News), said his concern is that allowing out-of-state attorneys to waive into the bar may change the complexion and "small-town feel" of law practice in New Hampshire. He fears that conduct that is acceptable to an out-of-state attorney but unacceptable in NH could become the norm. Now that the rule has been approved, Prevett urged his fellow Bar members to make sure that doesn't happen.

"I call on NH Bar members to ensure that their behavior and that of fellow counsel, whether from New Hampshire or out of state, is up to snuff," said Prevett. "Hopefully we can minimize any potential negative effect and maintain the congenial, professional environment of the New Hampshire Bar."

The new admission-by-motion rule will be especially beneficial to corporate counsel like Stanley Griffith, a NH Bar member and vice president and associate general counsel for Fidelity Investments Money Management, Inc., in Merrimack. Corporate attorneys frequently do inter-state work, and reciprocity will now enable them to waive into the bars of many of those states, Griffith said. And the companies these attorneys work for will have greater flexibility now that their in-house counsel doesn't have to sit for the bar exam.

Griffith agreed with Prevett that the "unique nature" of the NH Bar needs to be preserved in light of the admission-by-motion rule. "I have always enjoyed the congeniality and openness of NH Bar members, their willingness to mentor," said Griffith, who is admitted to practice law in four states. "We may have to work a bit harder to preserve that, but I'm confident that we can preserve the unique character of the Bar of this state."

Steven Blum, a NH Bar member since 1984 who is currently practicing in Pennsylvania and is on the faculty of the Wharton School of Business at the University of Pennsylvania, believes that the rule change will be of real benefit to many NH Bar members. "In particular, lawyers whose practice includes a significant amount of work relating to another state will enjoy greater opportunity to join the bars of other states," he said. "It is a step forward for us to get into harmony with many of our sister states and allow for reciprocity of practice."

Blum agreed with Dalianis and Van Oot that the rule also recognizes the reality of multi-jurisdictional practice and establishes some oversight of it in NH. "A growing portion of modern law practice (and of our clients' lives) involves work that touches on several jurisdictions simultaneously," Blum pointed out. "Despite legitimate feelings of regret, the idea of an insular New Hampshire Bar is no longer a realistic one. There is a world of opportunity for New Hampshire lawyers, and their clients, in setting our gaze beyond the land of Canaan."

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