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Bar News - April 4, 2003 Special Admission Rule Applies to All Vermont Lawyers Clarifying NH's Reciprocity Rules Editor's Note: The accompanying map is based on a list of states with reciprocal admission provisions considered "comparable" to New Hampshire's Rule 42 (10). The map published in the March 21 issue of Bar News was based on a list compiled by the National Conference of Bar Examiners. The National Conference's list diverges significantly from the list of states that the New Hampshire Supreme Court has determined have admission provisions similar to New Hampshire. THE GOOD NEWS for New Hampshire attorneys is that they do not have to fulfill the three-month "supervision" requirement to be admitted on motion to practice in Vermont. And for Vermont attorneys seeking admission to New Hampshire, the process is both easier and more difficult under the NH Supreme Court's new admission by motion provisions. Under NH Supreme Court Rule 42 (11), Vermont attorneys with three years or more experience may be admitted on motion without taking the NH Bar exam. That's a lower standard of experience than the five years required under most states' admission by motion rules. However, attorneys seeking admission under Rule 42 (11) must meet a requirement of at least 15 hours of continuing legal education in New Hampshire practice and procedure (NHBA CLE programs meeting this requirement are denoted by a Vermont's corresponding special admission by motion rule for New Hampshire attorneys also lowers the experience level from five years or more to three years or more, and drops the three months of "supervision" (informally referred to as the "clerkship") by a Vermont attorney required of any new admittee to that state. (See text of rule.) The special admission by motion provision for New Hampshire attorneys, Vermont Rule §7 e, does require 15 hours of CLE on Vermont law, corresponding to NH's special provision for Vermont attorneys. Both states disqualify anyone who has taken their state's exam and failed from making use of admission by motion. The NH Supreme Court has made a preliminary determination that there are presently 15 states and the District of Columbia that have "comparable" admission by motion provisions to New Hampshire's rule. Court officials in New Hampshire are awaiting word from their New York counterparts as to whether New Hampshire's reciprocity rule is "comparable" to New York's. David Peck at the NH Supreme Court said New Hampshire believes New York's rule is comparable to New Hampshire's, but both jurisdictions must agree to reciprocity. He said that the court's web site at www.courts.state.nh.us will be updated once New York's response has been received. Also, Maine is expected to eventually approve its own special rule for admission on motion for New Hampshire, which will then activate New Hampshire's Rule 42 (12) which lowers the experience level required for applicants from Maine to three years and imposes the 15-hour NHP CLE requirement. The NH Supreme Court has published on its Web site at www.courts.state.nh.us/nhbar/index.htm a list of states which it has determined have "comparable" reciprocal provisions to New Hampshire. Vermont's Reciprocity Rule for NH Attorneys Rule §7 (e) Notwithstanding any other provisions of these rules relating to the admission of applicants licensed to practice law in other jurisdictions of the United States, the following special requirements shall apply exclusively to applicants licensed to practice law in New Hampshire. (1) Lawyers who are active members of the New Hampshire state bar, have been actively engaged in the practice of law in New Hampshire for no less than three years immediately preceding their application for admission under this rule, are currently members in good standing in all jurisdictions where admitted, and are not under suspension or revocation nor currently subject to any disciplinary matter in any jurisdiction may be admitted to the practice of law in this state upon motion and without examination. (2) Each applicant under this section must at the time of admission satisfy the requirements of §11 relating to moral character and fitness, §9(a) & (b) relating to application procedures and fees, and §6(f) relating to minimum age, citizenship, and college education. (3) In lieu of the requirements of §7(d) (three months of study in the office and under the supervision of an attorney practicing in this state), an applicant under this section may complete and certify prior to admission that he or she has attended at least fifteen hours of continuing legal education on Vermont practice and procedure in courses approved by the Board of Continuing Legal Education and certified by the Board of Bar Examiners as satisfying the requirements of this section. 
Source: NH Supreme Court. Map by Ryan Roberts.
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