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New Hampshire


TITLE [30] XXX OCCUPATIONS AND PROFESSIONS (Includes Chapters 309 – 332-J)



311:7 Prohibition.

No person shall be permitted commonly to practice as an attorney in court unless he has been admitted by the court and taken the oath prescribed in RSA 311:6.

Source. RS 177:6. CS 187:6. GS 199:6. GL 218:6. PS 213:6. PL 325:7. RL 381:7.

311:7-a Petition for Injunction.

I. Upon the attorney general’s own information or upon complaint of any person, including any judge or any organized bar association in this state, the attorney general may maintain an action for injunctive relief in the supreme or superior court against any person who renders, offers to render, or holds himself or herself out as rendering any service which constitutes the unauthorized practice of the law. Any organized bar association in this state may intervene in the action, at any stage of the proceeding, for good cause shown.

II. The action may also be maintained by the bar association of the state of New Hampshire.

Source. 1967, 290:1. 1996, 117:4, eff. May 15, 1996.

311:7-b Investigation by Attorney General.

I. The attorney general may investigate any complaint of unauthorized practice of the law and the attorney general, or a deputy attorney general or an assistant attorney general designated by the attorney general, may subpoena witnesses, compel their attendance, examine them under oath, and require the production of any relevant documentary evidence.

II. The laws relating to the attendance of witnesses in civil actions and the payment of their fees and expenses to those witnesses shall apply to investigations made by the attorney general.

III. If a person fails or refuses to obey a subpoena or to testify as to any material matter regarding which the person may be interrogated, the superior court, upon application by the attorney general, may issue to the person an order requiring the person to appear before the attorney general, or a deputy attorney general or an assistant attorney general designated by the attorney general, to produce documentary evidence or testify. Failure to obey the order of the court may be punished by the court as a contempt of court.

IV. When requested, public officers, their assistants, clerks or employees shall furnish to the attorney general, the deputy or an assistant attorney general designated by the attorney general all information and assistance.

V. Investigations under this section shall be confidential. Any person participating in the investigation who, except as required in the discharge of the person’s official duties, discloses to any person, other than to a person under investigation, the name of any person under investigation or any witness examined, or any other information obtained in the investigation is guilty of a misdemeanor.

VI. Every person whose conduct is investigated under this section shall be furnished with a written specification of the issues which are to be considered, and shall be given an opportunity to present evidence and be heard upon the specified issues.

Source. 1967, 290:1. 1996, 117:4, eff. May 15, 1996.

311:7-c Remedies and Procedures Additional to Those Now Existing.

The remedies and procedures provided in this subdivision are in addition to and not in substitution for other available remedies and procedures.

Source. 1967, 290:1, eff. Aug. 26, 1967.

311:7-e Short Title.

This subdivision may be cited as the Model Act Providing Remedies for the Unauthorized Practice of Law.

Source. 1967, 290:1, eff. Aug. 26, 1967.

311:11 Practice by Corporations Prohibited.

No corporation shall practice or appear as an attorney in any court in the state or before any judicial body or hold itself out to the public or advertise as being entitled to practice law, and no corporation shall draw agreements, or other legal documents not relating to its lawful business, or draw wills, or practice law, or give legal advice or legal information as an attorney, or hold itself out in any manner as being entitled to do any of the foregoing acts, by or through any person orally or by advertisement, letter, or circular; provided that the foregoing prohibition shall not prevent a corporation from employing an attorney in regard to its own affairs or in any litigation to which it is or may be a party. Any person violating any provisions of this section shall be guilty of a felony. Any natural person, including every officer, agent or employee of any such corporation, who, on its behalf, directly or indirectly engages in any of the acts herein prohibited or assists such corporation to do such prohibited acts shall be guilty of a misdemeanor.

Source. 1935, 34:1. RL 381:11. RSA 311:11. 1973, 529:66, eff. Oct. 31, 1973 at 11:59 p.m.

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