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Bar News - November 22, 2002 Special Admission-on-Motion Rules Apply for Attorneys in Northern NE States By: Lisa Segal Further Details of Tri-State Reciprocity THE RECENTLY APPROVED rule change that allows lawyers to be admitted to the NH Bar upon motion includes a special reciprocity agreement with Vermont and the opportunity for a similar agreement with Maine. (See the Nov. 8, 2002 issue of Bar News for an overview of the rule change.) The special reciprocity agreement with Vermont means that NH attorneys actively practicing law in three of the past five years and meeting certain requirements (detailed below) will be allowed to waive into the Vermont Bar and vice versa. Although the NH admission-on-motion rule also establishes similar provisions for Maine attorneys, Maine does not currently allow attorneys from any state to be admitted to its Bar upon motion. Unless Maine’s Supreme Judicial Court (sometimes called the Law Court) approves a reciprocal agreement with NH, therefore, attorneys admitted only in Maine will not benefit from the special provisions set up in the NH rule. According to John Logan, president of the Maine State Bar Association, the Maine Supreme Judicial Court is in the "very early stages" of considering some sort of reciprocity agreement . The court asked the Maine Bar Association to informally poll its Board of Governors and members on how they feel about the idea, and according to Logan, "the response has not been overwhelming, but it is generally favored." "As far as I know, the Law Court is not actively considering an actual rule, but is just testing the waters," said Logan. The Vermont rule creating reciprocity with NH will go into effect when the NH rule does, on March 1, 2003. It mirrors the NH rule applying to Vermont attorneys. Granite State lawyers wishing to be admitted upon motion to the Vermont Bar must: complete at least 15 hours of continuing legal education on Vermont practice and procedure; have been actively practicing for three of the past five years; be members in good standing in all jurisdictions where admitted; and not be under suspension, revocation or subject to any disciplinary matters in any jurisdiction. Under Vermont’s Rules of Admission, any attorney wishing to be admitted on motion must do a three-month full-time clerkship under a practicing Vermont attorney. Under the special reciprocal agreement with NH, however, that clerkship requirement is waived. According to Vermont BarNews, the content of the 15 hours of CLE required of NH attorneys under the admission rule is still being worked out by the Board of Bar Examiners. "The Vermont Bar Association is working with Justice James Morse and Richard Cassidy, chair of the Board of Bar Examiners, to develop a curriculum to meet the requirements of the new rule. The VBA plans to offer programs next spring that will deliver this curriculum and will work with the New Hampshire Bar Association in the development of similar programming for Vermont attorneys seeking admission to the New Hampshire Bar," Vermont BarNews reports. NH’s Rule for Vermont, Maine The NH admission-on-motion rule lowers the threshold of experience for attorneys from Maine (if and when reciprocity is offered there) and Vermont; they must have been actively practicing during three of the last five years. For all other states offering reciprocity, attorneys are required to have been in active practice for five of the last seven years. Like the Vermont rule, NH’s rule requires applicants from Vermont and Maine to complete at least 15 hours of continuing legal education on New Hampshire practice and procedure in courses approved by the New Hampshire Minimum Continuing Legal Education Board within one year preceding the application. The rule states that applicants "must be certified by the NHMCLE Board as having satisfied this requirement." David S. Peck, the Supreme Court’s reporter of decisions and secretary of its Rules Committee, believes it is up to the NHMCLE Board to determine which CLE courses will count toward this requirement. At press time, the board planned to discuss the matter at its next meeting, according to NHMCLE Administrator Lee Jones. All attorneys wishing to waive into the NH Bar must take the NHBA’s Practical Skills Course, which provides an introduction to NH procedures and practice, within two years of admission. For Vermont and Maine attorneys, this is in addition to the 15 hours of CLE. The CLE courses have to be taken prior to application for admission on motion; the Practical Skills Course must be taken within two years of being admitted to the NH Bar. A link to the text of the New Hampshire admission-on-motion rule can be found in the About the Bar section of, under "Admission to the NH Bar." For text of the Vermont BarNews article on Vermont’s approval of the admission rule for NH attorneys, visit http://vtbar.org/article/articleview/1512, and for updates on the Vermont rule, visit the VBA Web site at www.vtbar.org. Visit the Maine Bar Association Web site at www.mainebar.org. For updates on admission rules by state, visit www.crossingthebar.com.
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