Supreme Court Rules Table of Contents
(1) Unless otherwise provided in these rules, all admissions to the bar shall be by examination only. A board of bar examiners consisting of thirteen (13) or more members of the bar of the State will be appointed to examine persons desiring to be admitted to the bar. Appointments to the Board of Bar Examiners shall be for terms of three (3) years.
(2) There shall be two (2) complete examinations annually to be given at the Supreme Court Building in Concord or such other place as may be determined by the court. The examinations shall be in such form and length, and shall cover such subjects as the board of bar examiners may determine. One examination shall be held on the last Wednesday of February and the preceding day; and the second examination shall be held on the last Wednesday of July and the preceding day.
(3)(a) Any person domiciled in the United States of the age of 18 years shall be eligible to apply for examination provided he or she is possessed of the qualifications hereinafter provided.
(b) An applicant whose disability requires testing accommodations shall submit a written request to the clerk of the supreme court at the time that the applicant files the petition and questionnaire as provided in Rule 42(5)(e). A copy of the request shall be submitted at the same time to the chair of the board of bar examiners. The written request shall be submitted pursuant to the testing accommodations policy approved by the supreme court and shall describe:
(i) The type of accommodation requested; and
(ii) The reasons for the requested
accommodation, including medical documentation in a format set forth in the
policy referenced above.
No request for testing accommodations shall be accepted that is received after
4:30 p.m. on May 1 for the July examination, or after 4:30 p.m. on December 1
for the February examination.
(c) The request shall be ruled upon in the first instance by the chair of the board of bar examiners, and the applicant shall be notified of the decision. A denial or modification of a request for testing accommodations by the chair may be appealed to the board of bar examiners in accordance with the procedures set forth in the testing accommodations policy. The decision on appeal constitutes a final decision of the board. Review of the board's decision may be requested from the supreme court.
(4)(a) Every such applicant must furnish satisfactory proof that before beginning the study of law the applicant successfully completed at least three (3) years of work required for a bachelor's degree in an accredited college or received an equivalent education in the opinion of the court. An applicant who has not successfully completed at least three (3) years of work required for a bachelor's degree in an accredited college shall have the burden of proving that the requirements of this paragraph have been met. In addition to filing the petition and questionnaire for admission, any such applicant must submit information sufficient for the court to determine that the requirements of this paragraph have been met.
(b) Every such applicant must have graduated from a law school approved by the American Bar Association having a three (3) year course and requiring students to devote substantially all their working time to study, called a full-time law school, or from a law school approved by the American Bar Association having a course of not less than four (4) school years equivalent in the number of working hours to a three (3) year course in a full-time law school and in which students devote only part of their working time to their studies, called a part-time law school. A combination of study in full-time and part-time law schools will be accepted only if such law schools meet the above requirements, and the applicant shall have graduated from one or the other. Study in any law school which conducts its courses by correspondence or does not require attendance of its students at its lectures or classes shall not constitute compliance with the rule.
(c) Notwithstanding the foregoing paragraph, a person who has graduated from a law school in an English-speaking, common law country and who has pursued a course of study substantially equivalent to that of a law school approved by the American Bar Association shall be eligible to apply for examination provided that such person is a member in good standing of the bar of that country, and (a) the holder of a master's degree from a law school approved by the American Bar Association, or (b) a member of the bar of one of the States of the United States who was admitted after examination and is in good standing. Any person who seeks admission to practice law in the State of New Hampshire who is a graduate of a law school in a foreign country shall have the burden of proving that the requirements of this paragraph have been met. In addition to filing the petition and questionnaire for admission, any foreign law school graduate seeking admission must file an affidavit, signed under oath, attesting that the requirements of this paragraph have been met and submitting information sufficient for the court to determine that the requirements have been met.
(5)(a) All persons who desire to be admitted to practice law shall be required to establish their moral character and fitness to the satisfaction of the Standing Committee on Character and Fitness of the Supreme Court of New Hampshire in advance of such admission.
(b) The standing committee on character and fitness shall be appointed by the Supreme Court of New Hampshire. Its members shall be seven (7) in number and shall include (i) six (6) members of the New Hampshire Bar Association as follows: (a) one (1) member of the board of bar examiners; (b) one (1) member of the committee on professional conduct; (c) the attorney general of New Hampshire or his or her deputy; (d) the clerk of the supreme court or his or her deputy; and (e) two (2) other members of the New Hampshire Bar Association, one of whom shall be designated chair of the committee; and (ii) one (1) layperson.
(c) The terms of the attorney general and of the clerk of the supreme court as members of the standing committee on character and fitness shall be coterminous with their terms of office; and, in the absence of either the attorney general or the clerk of the supreme court, his or her deputy is authorized to act as an alternate, exercising all the powers of an appointed member of the committee. Each other member of the standing committee shall be appointed for a term of three (3) years and shall be eligible for reappointment. Members of the committee shall receive no compensation for their services, but their reasonable expenses shall be funded from the fee (hereinafter outlined) paid by those persons seeking admission to practice law in the State of New Hampshire.
(d) Each person shall be immune from civil liability for all of his or her statements made in good faith to the committee, the office of the attorney general or to this court or given in any investigation or proceedings pertaining to the application. The protection of this immunity does not exist as to statements made to others. The committee, its staff, counsel, investigators and any members of any hearing panels, shall be immune from civil liability for any conduct arising out of the performance of their duties.
(e) Persons seeking admission to the practice of law: (i) by examination shall, not later than May 1 of the year in which they intend to take a July examination and not later than December 1 next preceding the year in which they intend to take a February examination, and (ii) by motion shall, not later than the date upon which the motion for admission is filed with the supreme court, file with the committee on character and fitness and with the clerk of the supreme court the petition and questionnaire on a form to be furnished by the clerk. The questionnaire shall also contain a certificate signed by two (2) persons certifying the applicant's good moral character. The questionnaire shall be executed by the applicant under oath. The foregoing requirements as to the time of filing may be waived by the committee for good cause shown. If the applicant is applying for readmission, the administrator shall cause a notice to be published in a newspaper with general circulation, as well as in the New Hampshire Bar News, that the applicant has applied for readmission. The notice shall invite anyone to comment on the application by submitting said comments in writing to the administrator within twenty (20) days. All comments shall be made available to the applicant. Where feasible, the administrator shall give notice to the original complainant.
(f) Any person who seeks admission to practice law in the State of New Hampshire shall at all times have the burden of proving his or her good moral character before the committee on character and fitness, and the Supreme Court of New Hampshire. The failure of an applicant to answer any question on the petition and questionnaire or any question propounded by any member of the committee on character and fitness of the supreme court, or to supply any documentary material requested by them or any of them, shall justify a finding that the applicant has not met the burden of proving good moral character.
(g) Any person who seeks admission to practice law in the State of New Hampshire shall agree to waive all rights of privacy with reference to any and all documentary material filed or secured in connection with the applicant's application. The applicant shall also agree that any such documentary material, including the character questionnaire, may be offered into evidence, without objection, by the committee on character and fitness in any proceeding in regard to the applicant's admission to the practice of law.
(h) The petition and questionnaire filed by an applicant, with the exception of the applicant’s name and address, all matters referred to the committee for investigation, and all information relating to an applicant gathered by the committee shall be confidential. No member of the committee at any time, either while a member of the committee or thereafter, shall disclose any matter in any file, except at the request of the committee, or the supreme court or unless legally required to do so. All minutes or records circulated to members of the committee shall be kept confidential. All records relating to matters referred to the committee shall be retained in the committee's files.
(i) Upon receiving the petition and questionnaire, the committee on character and fitness shall promptly (a) verify such facts stated in the questionnaire, communicate with such references given therein, and make such further investigation as it may deem desirable or necessary; (b) if it deems necessary, arrange for a personal interview with the applicant; (c) consider the character and fitness of the applicant to be admitted to the practice of law; and (d) transmit to the supreme court a report of its investigation and its recommendation in regard to the character and fitness of the applicant for admission to the practice of law.
(j) If the recommendation of the committee on character and fitness is in favor of admission, the court may accept the recommendation and grant the application for admission or decline to accept the recommendation. If the court determines that the recommendation of the committee should not be accepted, it shall either remand the matter to the committee for further investigation and consideration or refer the matter to a referee for an evidentiary hearing during which the applicant shall have the burden of proving his or her good moral character and fitness. If the recommendation of the committee on character and fitness is against admission, the report of the committee shall set forth the facts upon which the adverse recommendation is based and its reasons for rendering an adverse recommendation. The committee shall promptly notify the applicant about the adverse recommendation and shall give the applicant an opportunity to appear before it and to be fully informed of the matters reported to the court by the committee, and to answer or explain such matters.
(k) If, following such appearance, the committee is still of the opinion that an adverse report should be made on the application, it shall first give the applicant the privilege of withdrawing the application. If the applicant elects not to withdraw the application, and the second report and recommendation of the committee to the court is against approval of the application, the court, upon receipt of the report with the adverse recommendation by the committee, may grant the application or shall require the applicant to show cause why the application should not be denied.
(l) The fee for the character and fitness investigation shall be in such amount as the supreme court shall from time to time determine. This sum shall be paid to the New Hampshire Supreme Court Character and Fitness Committee in addition to the fee paid to the clerk of the supreme court for the taking of the examination for admission to practice or for the filing of the motion for admission to practice without examination. Both fees shall be nonrefundable; provided, however, that if an application for admission on motion pursuant to Rule 42(10), 42(11), or 42(12) is denied by the court prior to the commencement of the character and fitness investigation by the Character and Fitness Committee, then one-half of the character and fitness investigation fee shall be refunded.
(m) The standing committee on character and fitness shall have the power to propose regulations setting forth standards to be applied by the committee in determining whether applicants have established their moral character and fitness. Such proposed regulations shall be referred to the advisory committee on rules.
(6) A person who fails twice in an examination for admission to the bar will not be permitted to take another examination until the court, upon special consideration of the case, shall make an order to that effect. Upon filing a motion requesting such permission and representing that a recognized bar review course will be taken prior to the next examination, a person who has failed the examination twice or three times will be granted permission to take it a third or fourth time, as the case may be. Such permission shall be conditional on the applicant's filing with the court, prior to sitting for the examination, an affidavit that the course has been successfully completed. A person who has failed four times will not be permitted to retake the examination. Provided, however, that any person who has failed four times prior to October 11, 2002, may be permitted to retake the examination one time after said date upon compliance with the requirements set forth above for a person who has failed twice. A person who has failed four times prior to said date and failed once after said date will not be permitted to retake the examination.
(7)(a) Each person seeking to practice law in New Hampshire is required to attend a practical skills course to be presented annually by the New Hampshire Bar Association. The course will assist new admittees in developing basic lawyering skills and in gaining practical knowledge of New Hampshire practice and procedures. Attendance is required and each new admittee will be required to execute an affidavit stating that he or she has attended each session of the course unless otherwise excused by the supreme court. A special committee of the New Hampshire Bar Association Continuing Legal Education Committee will administer the practical skills course but no test will be required. Each new admittee will be licensed to practice law subject to the condition that he or she complete the practical skills course within two years of the date of admission to the bar (unless the admittee satisfies the requirements of paragraph (b) or, in exceptional instances, a longer period is approved in writing by the court) or his or her license to practice shall be suspended.
(b) A new admittee's license to practice shall not be so suspended if, within two years after being admitted to the bar and before completing the practical skills course, he or she leaves New Hampshire on a military or other government service assignment for more than a brief period, intending later to satisfy the requirements of the rule, and promptly so notifies the court in writing; provided, however, he or she attends a practical skills course given within three years of the date of departure, and further provided that, if he or she shall have completed the assignment and returned to New Hampshire within the three-year period, the course taken shall be the first available course given after his or her return. The admittee shall notify the court promptly of his or her return within the three-year period. Upon written request in exceptional instances, the court may extend the three-year period following the date of departure within which the admittee must attend a practical skills course.
(c) Attendance at the practical skills course means, for all new admittees, personal attendance at all sessions of the course.
(d) Exemptions from the practical skills course requirements, or any portion thereof, shall be granted only upon written application filed with the court, setting forth the exceptional circumstances believed to justify the requested exemption.
(e) The practical skills course requirement shall apply to all persons admitted to practice after March 5, 1980, and the provisions of paragraphs (b), (c) and (d) hereof are expressly made applicable to all persons subject to such requirement.
(f) In addition to the other requirements of this rule, all persons who desire to be admitted to practice law shall produce evidence of satisfactory completion of the Multistate Professional Responsibility Examination. The Board of Bar Examiners shall determine the minimum score level which will establish satisfactory completion of the Multistate Professional Responsibility Examination, wherever such satisfactory completion may be required by these rules.
(g) Reinstatement of a license suspended under Rule 42(7)(a) shall be only by order, upon petition to this court following completion of the practical skills course, and upon such conditions as the court deems appropriate. If the petition to this court is filed more than one year after the date of the order suspending the person from the practice of law in this State, then the petition shall be accompanied by evidence of continuing competence and learning in the law, and evidence of continuing moral character and fitness. If the evidence of continuing competence and learning in the law, and evidence of continuing moral character and fitness, are satisfactory to the court, the court may order reinstatement upon such conditions as it deems appropriate.
If the evidence of continuing competence and learning in the law is not satisfactory to the court, the court shall refer the motion for reinstatement to the professional conduct committee for referral to a panel of the hearings committee. The hearing panel shall promptly schedule a hearing at which the attorney shall have the burden of demonstrating by a preponderance of the evidence that he or she has the competency and learning in law required for reinstatement. At the conclusion of the hearing, the hearing panel shall promptly file a report containing its findings and recommendations and transmit same, together with the record, to the professional conduct committee. The professional conduct committee shall review the report of the hearings committee panel, the record and the hearing transcript and shall file its own recommendations and findings, together with the record, with the court. Following the submission of briefs, if necessary, and oral argument, if any, the court shall enter a final order.
If the evidence of continuing moral character and fitness is not satisfactory to the court, the court shall order the applicant to file with the committee on character and fitness and with the clerk of the supreme court the petition and questionnaire referred to in Supreme Court Rule 42(5)(e). Further proceedings shall be governed by Rule 42.
(8) Except upon approval of the supreme court for good cause shown, the oath of admission required by RSA 311:6 must be administered within two years from the time the applicant has been notified of the successful passing of the bar examination or within two years of the date upon which the motion for admission without examination has been granted. If the oath of admission is not so administered, the examination must be taken again and passed or the applicant must file a new motion for admission without examination.
(9) All persons admitted to practice law shall notify the New Hampshire Bar Association immediately in writing of all changes of residence address and address of principal office.
(10)(a) An applicant who is domiciled in the United States, is of the age of 18 years, and meets the following requirements may, upon motion, be admitted to the practice of law without taking and passing the New Hampshire bar examination. The applicant shall:
(i) Have been admitted by bar examination to practice law in another state, territory, or the District of Columbia;
(ii) Have graduated from:
(A) a law school approved by the American Bar Association having a three (3) year course and requiring students to devote substantially all their working time to study, called a full-time law school; from a law school approved by the American Bar Association having a course of not less than four (4) school years equivalent in the number of working hours to a three (3) year course in a full-time law school and in which students devote only part of their working time to their studies, called a part-time law school. A combination of study in full-time and part-time law schools will be accepted only if such law schools meet the above requirements, and the applicant shall have graduated from one or the other. Study in any law school which conducts its courses by correspondence or does not require attendance of its students at its lectures or classes shall not constitute compliance with the rule; or
(B) a law school in an English-speaking, common law country and shall have pursued a course of study substantially equivalent to that of a law school approved by the American Bar Association. Any person who seeks admission to practice law in the State of New Hampshire who is a graduate of a law school in a foreign country: (1) shall have the burden of proving that the requirements of this subparagraph (B) have been met; and (2) must file an affidavit, signed under oath, attesting that the requirements of this subparagraph (B) have been met and submitting information sufficient for the court to determine that said requirements have been met;
(iii) Have been primarily engaged in the active practice of law in one or more states, territories, or the District of Columbia for five of the seven years immediately preceding the date upon which the motion is filed;
(iv) Have either:
(A) taken and passed the bar examination in another state, territory, or the District of Columbia that allows admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in this rule, provided that the applicant is currently a member in good standing of said jurisdiction and authorized to practice law therein; or
(B) been primarily engaged in the active practice of law, for five of the seven years immediately preceding the date upon which the motion is filed, in states, territories, or the District of Columbia that allow admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in this rule, provided that the applicant was a member in good standing of said jurisdictions and authorized to practice law therein throughout the aforesaid five-year period and is currently a member in good standing of said jurisdictions and authorized to practice law therein;
(v) Produce evidence that the Multistate Professional Responsibility Examination has been satisfactorily completed prior to the date upon which the motion is filed;
(vi) Establish that the applicant is currently a member in good standing in all jurisdictions where admitted;
(vii) Establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any jurisdiction;
(viii) Establish that the applicant possesses the character and fitness to practice law in New Hampshire; and
(ix) Designate the clerk of the supreme court for service of process.
(b) For the purposes of Rule 42, the "active practice of law" shall include the following activities:
(i) Representation of one or more clients in the private practice of law;
(ii) Service as a lawyer with a local, state, or federal agency, including military service;
(iii) Teaching law at a law school approved by the American Bar Association;
(iv) Service as a judge in a federal, state, or local court of record;
(v) Service as a judicial law clerk; or
(vi) Service as corporate counsel.
(c) For the purposes of Rule 42, the "active practice of law" shall not include work that, as undertaken, constituted the unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which the clients receiving the unauthorized services were located. For the purposes of Rule 42, an applicant's service as corporate counsel shall not constitute the unauthorized practice of law in New Hampshire provided that the applicant submits an affidavit certifying that:
(i) while serving as counsel, the applicant performed legal services solely for a corporation, association or other business entity, including its subsidiaries and affiliates;
(ii) while serving as counsel, the applicant received his or her entire compensation from said corporation, association or business entity; and
(iii) said corporation, association or business entity is not engaged in the practice of law or provision of legal services.
(11) An applicant who is domiciled in the United States, is of the age of 18 years, and meets the following requirements may, upon motion, be admitted to the practice of law without taking and passing the New Hampshire bar examination, provided that the State of Vermont allows admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in this rule. The applicant shall:
(a) Be licensed to practice law in the State of Vermont and be an active member of the Vermont bar;
(b) Have been primarily engaged in the active practice of law in Vermont for no less than three years immediately preceding the date upon which the motion is filed;
(c) Produce evidence that the Multistate Professional Responsibility Examination has been satisfactorily completed prior to the date upon which the motion is filed;
(d) Establish that the applicant is currently a member in good standing in all jurisdictions where admitted;
(e) Establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any jurisdiction;
(f) Establish that the applicant possesses the character and fitness to practice law in New Hampshire;
(g) Have completed at least fifteen hours of continuing
legal education on New Hampshire practice and procedure in courses approved by
the NHMCLE Board within one year immediately preceding the date upon which the
motion is filed and be certified by the NHMCLE Board as satisfying this
requirement; and
(h) Designate
the clerk of the supreme court for service of process.
(12) An applicant who is domiciled in the United States, is of the age of 18 years, and meets the following requirements may, upon motion, be admitted to the practice of law without taking and passing the New Hampshire bar examination, provided that the State of Maine allows admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in this rule. The applicant shall:
(a) Be licensed to practice law in the State of Maine and be an active member of the Maine bar;
(b) Have been primarily engaged in the active practice of law in Maine for no less than three years immediately preceding the date upon which the motion is filed;
(c) Have graduated from:
(A) a law school approved by the American Bar Association having a three (3) year course and requiring students to devote substantially all their working time to study, called a full-time law school; from a law school approved by the American Bar Association having a course of not less than four (4) school years equivalent in the number of working hours to a three (3) year course in a full-time law school and in which students devote only part of their working time to their studies, called a part-time law school. A combination of study in full-time and part-time law schools will be accepted only if such law schools meet the above requirements, and the applicant shall have graduated from one or the other. Study in any law school which conducts its courses by correspondence or does not require attendance of its students at its lectures or classes shall not constitute compliance with the rule; or
(B) a law school in an English-speaking, common law country and shall have pursued a course of study substantially equivalent to that of a law school approved by the American Bar Association. Any person who seeks admission to practice law in the State of New Hampshire who is a graduate of a law school in a foreign country: (1) shall have the burden of proving that the requirements of this subparagraph (B) have been met; and (2) must file an affidavit, signed under oath, attesting that the requirements of this subparagraph (B) have been met and submitting information sufficient for the court to determine that said requirements have been met;
(d) Produce evidence that the Multistate Professional Responsibility Examination has been satisfactorily completed prior to the date upon which the motion is filed;
(e) Establish that the applicant is currently a member in good standing in all jurisdictions where admitted;
(f) Establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any jurisdiction;
(g) Establish that the applicant possesses the character and fitness to practice law in New Hampshire;
(h) Have completed at least fifteen hours of continuing
legal education on New Hampshire practice and procedure in courses approved by
the NHMCLE Board within one year immediately preceding the date upon which the
motion is filed and be certified by the NHMCLE Board as satisfying this
requirement; and
(i)
Designate the clerk of the supreme court for service of process.
(13) An applicant who is domiciled in the United States, is of the age of 18 years, and meets the following requirements may be admitted to the practice of law after taking and passing a variant of the New Hampshire bar examination to consist of rigorous, repeated and comprehensive evaluation of legal skills and abilities, the criteria for which will be established by the supreme court, and which will amount to more than the twelve hours of testing required for the conventional bar examination. The applicant shall:
(a) Have, prior to admission, and within one year of the date upon which the application for admission is filed, successfully completed, to the satisfaction of the board of bar examiners, the Daniel Webster Scholar Honors Program offered at the Franklin Pierce Law Center in Concord, New Hampshire, and been certified by the board of bar examiners as satisfying this requirement;
(b) Prior to admission, produce evidence that the Multistate Professional Responsibility Examination has been satisfactorily completed;
(c) Establish that the applicant is currently a member in good standing in all jurisdictions where admitted, if any;
(d) Establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any jurisdiction;
(e) Establish that the applicant possesses the character and fitness to practice law in New Hampshire; and
(f) Designate the clerk of the supreme court for service of process.
An applicant seeking admission to the practice of law in accordance with this provision shall, not later than January 15 of the year in which the applicant intends to request admission, file with the clerk of the supreme court an application for admission pursuant to New Hampshire Supreme Court Rule 42(13), and two copies of the petition and questionnaire for admission to the bar. The questionnaire shall contain a certificate signed by two (2) persons certifying the applicant’s good moral character, and shall be executed under oath. The foregoing requirement as to the time of filing may be waived by the court for good cause shown. The application and petition shall be accompanied by the application fee payable to the State of New Hampshire, and the fee for character and fitness investigation, payable to the New Hampshire Supreme Court Character and Fitness Committee. Both fees shall be nonrefundable.
(14) An applicant who has failed the New Hampshire bar examination within five years of the date of filing a motion for admission without examination shall not be eligible for admission on motion. An applicant who is not permitted to retake the New Hampshire bar examination pursuant to Rule 42(6) shall not be eligible for admission on motion. An applicant who has resigned from the New Hampshire bar shall not be eligible for admission on motion, but may be eligible for readmission upon compliance with the requirements of Rule 37(15).
(15) In addition to anything required above, the supreme court may require
any applicant under this rule to complete such applications or submit such
information as it deems relevant.