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 USA - Harrassment re: unauthorized practice of law		  New Topic  Reply to Topic
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dfye@mcttelecom.com

New Hampshire
681 Posts
Posted - 12/07/2006 :  10:05:25 PM  Show Profile  Visit dfye@mcttelecom.com's Homepage  Reply with Quote
Here is what New Hampshire has to say on the unauthorized practice of law. I, too, was once accused of this and had to appear before the attorney general who found that I did not engage in the unauthorized practice of law and instructed me to stay out of the courtrooms (Yeah right!)

TITLE XXX
OCCUPATIONS AND PROFESSIONS
CHAPTER 311
ATTORNEYS AND COUNSELORS

Section 311:1
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.
Source. RS 177:1. CS 187:1. GS 199:1. GL 218:1. PS 213:1. PL 325:1. RL 381:1. RSA 311:1. 1996, 117:2. 1999, 251:1, eff. Jan. 1, 2000.

Section 311:2
311:2 Admission to Practice. – Any citizen of the age of 18 years, of good moral character and suitable qualifications, on application to the supreme court shall be admitted to practice as an attorney.
Source. RS 177:2. CS 187:2. GS 199:2. 1872, 36:1. GL 218:2. PS 213:2. PL 325:2. RL 381:2. RSA 311:2. 1973, 72:63, eff. June 3, 1973.

Section 311:3
311:3 Without Examination. – [Repealed 1981, 328:3, I, eff. Aug. 16, 1981.]

Section 311:4
311:4 Powers. – [Repealed 1981, 328:3, II, eff. Aug. 16, 1981.]

Section 311:5
311:5 Limitation. – No person shall act as attorney in any cause in which the person has acted as judge.
Source. RS 177:8. CS 187:8. GS 199:8. GL 218:8. PS 213:8. PL 325:5. RL 381:5. RSA 311:5. 1996, 117:3, eff. May 15, 1996.

Section 311:6
311:6 Oath. – Every attorney admitted to practice shall take and subscribe, in open court, the oaths to support the constitution of this state and of the United States, and the oath of office in the following form: You solemnly swear or affirm that you will do no falsehood, nor consent that any be done in the court, and if you know of any, that you will give knowledge thereof to the justices of the court, or some of them, that it may be reformed; that you will not wittingly or willingly promote, sue or procure to be sued any false or unlawful suit, nor consent to the same; that you will delay no person for lucre or malice, and will act in the office of an attorney within the court according to the best of your learning and discretion, and with all good fidelity as well to the court as to your client. So help you God or under the pains and penalty of perjury.
Source. RS 177:5. CS 187:5. GS 199:5. GL 218:5. PS 213:5. PL 325:6. RL 381:6. RSA 311:6. 1995, 277:3, eff. Aug. 19, 1995.

Section 311:7
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.

Unauthorized Practice of Law

Section 311:7-a
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.

Section 311:7-b
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 a
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jbelmont

California
3106 Posts
Posted - 12/07/2006 :  4:42:15 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
Harrassment is a strong word, but I was bothered by the Monroe County Bar Association by mail. They claimed that I was practicing law by having a notary directory. They implied our notaries were practicing law by doing loan signings. I wrote back to them stating that we just run a directory and that the notaries do what they think is right. Most notaries just explain where to sign and tell borrowers where to find information. Others might explain docs to borrowers but I don't know what all 5000 notaries on my site do. I told them to please provide evidence of who practiced law and when and what the person said that constituted the practice of law. Then the Monroe County Bar Association claimed not to have gotten my letter so I had to call them and give them the certified tracking information and the illegible name ( which looked like Amber ) was in the signature section. I don't think they have evidence on anyone, but be careful not to do anything that resembles practicing law or else the New York attorneys might be after you. Who knows.
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