04/03/03 0976s

2003 SESSION

03-0803

10/01

SENATE BILL 83

COMMITTEE: Judiciary

ANALYSIS

This bill provides that paralegals and legal assistants who are under the direct supervision of an attorney admitted to practice in New Hampshire are not practicing as attorneys.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/03/03 0976s

03-0803

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Attorneys and Counselors; Appearance in Court; Paralegals and Legal Assistants. Amend RSA 311:7 to read as follows:

311:7 Prohibition.

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

II. A paralegal or legal assistant appearing under the direct supervision of an attorney admitted to practice in New Hampshire shall not be deemed to be commonly practicing as an attorney in court, provided that:

(a) An attorney responsible for the direct supervision of such paralegal or legal assistant shall comply with the rules of professional conduct adopted by the supreme court relating to paralegals and legal assistants and shall be familiar with the facts and legal issues with respect to any proceeding at which a paralegal or legal assistant may appear without the supervising attorney's presence.

(b) If a paralegal or legal assistant is appearing in court or in an administrative hearing without the presence of the supervising attorney, the attorney shall, by sworn statement, verify that the attorney is familiar with the facts of the matter and that, in the attorney's professional judgment, the paralegal or legal assistant is qualified to appear without the supervising attorney's presence. The attorney shall be liable for the acts of the paralegal or legal assistant performed in court without the supervising attorney's presence.

(c) A paralegal or legal assistant shall not be permitted to appear under the provisions of this section in a criminal matter or a civil commitment.

2 Effective Date. This act shall take effect January 1, 2004.