New Hampshire

Rule 5.5 MJP/UPL Current

(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

(b) A lawyer who is not admitted to practice in this jurisdiction shall not:

(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or

(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

(c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:

(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;

(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;

(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or

(4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

(d) A lawyer admitted in another United States jurisdiction or in a foreign jurisdiction, and not disbarred or suspended from practice in any jurisdiction or the equivalent thereof, may provide legal services through an office or other systematic and continuous presence in this jurisdiction that:

(1) are provided to the lawyer’s employer or its organizational affiliates; are not services for which the forum requires pro hac vice admission; and, when performed by a foreign lawyer and requires advice on the law of this or another U.S. jurisdiction or of the United States, such advice shall be based upon the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice; or

(2) are services that the lawyer is authorized by federal or other law or rule to provide in this jurisdiction.

(e)  For purposes of paragraph (d), the foreign lawyer must be a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent, and are subject to effective regulation and discipline by a duly constituted professional body or a public authority.

New Hampshire Rule 5.5

In-House Counsel Rule

See Rule 5.5(d).

Pro Hac Vice

Pro hac vice in New Hampshire is governed by Rule 33(1) of the Rules of Supreme Court of the State of New Hampshire, Rule 19 of the Superior Court of the State of New Hampshire, and Rule 1.3(c) of the District Courts of the State of New Hampshire. These rules allow pro hac vice admission on application if an attorney of the New Hampshire State Bar is associated.

Admission on Motion

New Hampshire allows for admission on the motion through Supreme Court Rule 42. The requirements for admission on motion, such as the reciprocity requirement, are set forth in Rule 42(11). Rule 42(11)(e) credits in house practitioners. Rule 42(11)(b) and (c) set forth different requirements for Vermont and Maine lawyers seeking admission on the motion in New Hampshire.

For further information and forms please see the New Hampshire Judicial Branch page on Admission on Motion.

Contact

The New Hampshire Bar Association
2 Pillsbury Street
Suite 300
Concord, NH 03301
Phone (603) 224-6942
Fax (603) 224-2910
Email: NHBAinfo@nhbar.org