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Supreme Court Rules Table of Contents

RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

PROCEDURAL RULES 1 TO 34

Rule 33. Nonmember of the New Hampshire Bar.

(1) (a)  An attorney, who is not a member of the Bar of this State  [(a “Nonmember Attorney”)], shall not be allowed to enter an appearance in any case, except on application to appear pro hac vice, which may be granted if a member of the Bar of this State [(the “In-State Attorney”)] is associated with him or her and present at oral argument. 

    (b)  A Nonmember Attorney seeking to appear pro hac vice shall file a verified application with the court, which shall contain the following information:

         (1)  the applicant's residence and business address;

         (2)  the name, address and phone number of each client sought to be represented;

         (3)  the courts before which the applicant has been admitted to practice and the respective period(s) of admission;

         (4)  whether the applicant: (i) has been denied admission pro hac vice in this State; (ii) had admission pro hac vice revoked in this State; or (iii) has otherwise formally been disciplined or sanctioned by any court in this State.  If so, the applicant shall specify the nature of the allegations; the name of the authority bringing such proceedings; the caption of the proceedings, the date filed, and what findings were made and what action was taken in connection with those proceedings;

         (5)  whether any formal, written disciplinary proceeding has ever been brought against the applicant by any disciplinary authority in any other jurisdiction within the last five years and, as to each such proceeding: the nature of the allegations; the name of the person or authority bringing such proceedings; the date the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings;

         (6)  whether the applicant has been formally held in contempt or otherwise sanctioned by any court in a written order in the last five years for disobedience to its rules or orders, and, if so: the nature of the allegations; the name of the court before which such proceedings were conducted; the date of the contempt order or sanction, the caption of the proceedings, and the substance of the court's rulings (a copy of the written order or transcript of the oral rulings shall be attached to the application);

         (7)  the name and address of each court or agency and a full identification of each proceeding in which the applicant has filed an application to appear pro hac vice in this State within the preceding two years; the date of each application; and the outcome of the application; and

         (8)  the verified application shall contain the name, address, telephone number and bar number of an active member in good standing of the Bar of this State who will be associated with the applicant and present at oral argument. 

 (c)  The court has discretion as to whether to grant applications for admission pro hac vice.  An application ordinarily should be granted unless the court finds reason to believe that:

        (1)  such admission may be detrimental to the prompt, fair and efficient administration of justice;

        (2)  such admission may be detrimental to legitimate interests of parties to the proceedings other than the client(s) the applicant proposes to represent;

        (3)  one or more of the clients the applicant proposes to represent may be at risk of receiving inadequate representation and cannot adequately appreciate that risk; or

        (4)  the applicant has engaged in such frequent appearances as to constitute common practice in this State.

(2)  Without the prior written approval of the court, no person who is not a lawyer may represent a person other than himself or be listed on the notice of appeal or other appeal document, or on the brief, or sit at counsel table in the courtroom or present oral argument.  Request for such written approval shall be made in writing at the time of filing the appeal or, if it relates to briefing or oral argument, not later than 15 days before the date scheduled for filing the brief or for oral argument.  The request must contain: (a)  a power of attorney signed by the party, and witnessed and acknowledged before a justice of the peace or notary public, constituting another person as his or her attorney to appear in the particular action; and (b) an affidavit under oath in which said other person discloses (i) all of said other person's misdemeanor and felony convictions (other than those in which a record of the conviction has been annulled by statute), (ii) all instances in which said other person has been found by any court to have violated a court order or any provision of the rules of professional conduct applicable to nonlawyer representatives, (iii) all prior proceedings in which said other person has been permitted to appear, plead, prosecute or defend any action for any party, other than himself or herself, in any court, (iv) all prior proceedings in which said other person has not been permitted to appear, plead, prosecute or defend any action for any party, other than himself or herself, in any court, and (v) all prior proceedings in which said other person’s permission to appear, plead, prosecute or defend any action for any party, other than himself or herself, in any court has been revoked.  Any person who is not a lawyer who is permitted to represent any other person before any court of this State must comply with the Rules of Professional Conduct as set forth in Professional Conduct Rule 8.5, and shall be subject to the jurisdiction of the committee on professional conduct.

        (3) When an attorney provides limited representation to an otherwise unrepresented party by drafting a document to be filed by such party with the supreme court in a proceeding in which the attorney is not entering any appearance or otherwise appearing in the case in the supreme court, the attorney is not required to disclose the attorney’s name on such pleading to be used by that party; any pleading drafted by such limited representation attorney, however, must conspicuously contain the statement
"This pleading was prepared with the assistance of a New Hampshire attorney."  The unrepresented party must comply with this required disclosure.  

(4)  When a Nonmember Attorney appears for a client in a proceeding pending in this state, either in the role of co-counsel of record with the In-State Attorney, or in an advisory or consultative role, the In-State Attorney who is co-counsel or counsel of record for that client in the proceeding remains responsible to the client and responsible for the conduct of the proceeding before the court or agency.  It is the duty of the In-State Attorney to advise the client of the In-State Attorney’s independent judgment on contemplated actions in the proceeding if that judgment differs from that of the Nonmember Attorney.

(5)  An applicant for permission to appear pro hac vice shall pay a non-refundable fee of $250.00; provided that not more than one application fee may be required per Nonmember Attorney for consolidated or related matters regardless of how many applications are made in the consolidated or related proceedings by the Nonmember Attorney; and further provided that the requirement of an application fee may be waived to permit pro bono representation of an indigent client or clients, in the discretion of the court.

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