Question on Non-Lawyer Representation Rule in NH

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Latest post Wed, Nov 7 2012 3:14 PM by adjuster jack. 2 replies.
  • Wed, Nov 7 2012 2:26 PM

    • mdeck1227
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    Question on Non-Lawyer Representation Rule in NH

    Can my spouse, who has legal training but is not an attorney, represent me in NH for my own family law case per this rule:

    1.18  Non-Lawyer Representation: 

                A.  No person who is not a lawyer will be permitted to appear, plead, prosecute or defend an action for any party, other than the person’s own case, unless of good character and until there is on file with the court:

                    (1)  A power of attorney signed by the party for whom the person seeks to appear, witnessed and acknowledged before a Justice of the Peace or Notary Public, authorizing this person to appear in the particular action; and

                    (2)  An affidavit in which the person discloses:

                        (a)  all misdemeanor and felony convictions (other than those in which a record of the conviction has been annulled by statute),

                        (b)  all instances in which the person has been found by any court to have violated a court order or any provision of the rules of professional conduct applicable to non-lawyer representatives, and

                        (c)  all prior proceedings in which the person has been permitted to appear, plead, prosecute or defend any action for any party, other than himself, in any court. 

                B.  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.

     

  • Wed, Nov 7 2012 2:50 PM In reply to

    Re: Question on Non-Lawyer Representation Rule in NH

    Rule seems fairly self-explanatory to me, unless you're skipping the "unless ... and until there is on file with the court [read the rest]."  Whether you're taking it out of context with regard to the situation, can't know from here.

    I trust you've thought very long and hard about what you'll do if the outcome isn't as you like (a risk even with an attorney) and how that may cause problems in the marriage.

  • Wed, Nov 7 2012 3:14 PM In reply to

    Re: Question on Non-Lawyer Representation Rule in NH

    mdeck1227:
    Can my spouse, who has legal training but is not an attorney, represent me in NH for my own family law case

    It's an incredibly bad idea but apparently permitted by statute:

    • 311:1 Right to Appear, etc. - A party in any cause or proceeding may appear, plead, prosecute or defend in his or her proper person, that is, pro se, or may be represented by any citizen of good character. For the purposes of this section, a citizen shall be presumed to be of good character unless demonstrated otherwise.

    http://law.justia.com/codes/new-hampshire/2010/titlexxx/chapter311/section311-1/

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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