Ethics Committee Formal Opinion #1988/9-18

Legal Intern Appearance Before State Appeals Board

March 9, 1989

ANNOTATIONS:

A lawyer may permit a legal assistant to represent a client in administrative proceedings, if authorized by statute, court rule or decision, administrative rule, or regulation or customary practice.  (RuleÊ5.5; Supreme Court Rule 35(Rule 2)).

A lawyer shall have a nonlawyer assistant act consistently with the Rules of Professional Conduct.  A lawyer is responsible for a nonlawyer assistant’s conduct.  (Rule 5.3).

QUESTION:

May the State Employees Association (SEA) legal intern present cases before the New Hampshire Personnel Appeals Board (Board)?

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