USA - New Hampshire International Trade in Legal Services

Is there legislation governing the legal sector

NEW HAMPSHIRE STATUTE, TITLE XXX — OCCUPATIONS AND PROFESSIONS, CHAPTER 311 — ATTORNEYS AND COUNSELORS

Under what title do lawyers practise?

Attorney at law

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

An individual must have a bachelor’s degree and a JD, satisfy character and fitness to practice requirements, and have passed the bar exam.  Registration occurs manually.

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

This only automatically entitles the holder to practise in New Hampshire. The right to practise on a temporary basis in another state or to appear pro hac vice in another state depends on the explicit permission of that state.

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

N.H. Sup. Ct. R. 35, Rule 1-9  - There is no satisfactory, all-inclusive definition of what constitutes the practice of law. Ethical Consideration 3-5 (E.C. 3-5) of the former Code of Professional Responsibility provided:
""It is neither necessary nor desirable to attempt the formulation of a single, specific definition of what constitutes the practice of law. Functionally, the practice of law relates to the rendition of services for others that call for the professional judgment of a lawyer. The essence of the professional judgment of a lawyer is his educated ability to relate the general body and philosophy of law to a specific legal problem of a client; and thus, the public interest will be better served if only lawyers are permitted to act in matters involving professional judgment.”
HB 1420 – CHAPTER 218:1, LAWS OF 2002 AN ACT establishing a task force to define the practice of law in New Hampshire.
The above-named Task Force appointed to define the practice of law in New Hampshire, having duly met offers the following final report:
“We are unable to reach a consensus of opinion in order to offer specific findings and recommendations on the practice of law in New Hampshire”.
 

Do you need to hold local nationality to be eligible to practise law?

No

A lawyer may practise as a sole practitioner, in a general partnership, professional corporation or professional limited liability partnership. Fee sharing with non-lawyers is prohibited.

What other ethical or regulatory requirements must a licensed lawyer comply with? 

 The New Hampshire code of professional conduct which is modelled on the ABA model code
(see: http://www.courts.state.nh.us/supreme/orders/20072507.pdf)

Do law firms need to receive a "license" (or permission/approval) to practice law?

The New Hampshire Rules of Professional Conduct which are modelled on the ABA model code (see: http://www.courts.state.nh.us/rules/pcon/index.htm)
 

Which authority issues licences? Are there different authorities for individuals and firms? 

Licences are issued by the State Supreme Court

Is the jurisdiction a member of the WTO?

The US joined the WTO on 1 January 1995

Has it made any commitments under GATS in legal services?

Under the WTO commitments of the USA, an individual practising 'as or through' a lawyer qualified in Nevada may provide legal services in modes 1-3.

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

The US has bilateral agreements with: the Dominican Republic - Central America (CAFTA), Korea, North American Free Trade Agreement (NAFTA), Australia, Bahrain, Chile,  Colombia,  Israel, Jordan, Morocco, Oman, Panama, Peru and Singapore. It is currently negotiating new agreements with the EU  (TTIP) and the Trans-Pacific Partnership.

The NAFTA agreement calls for future negotiations on MRAs amongst the legal professions and lawyers are included in the professional visa programme.

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

NAFTA lawyers have access to the professional visa program

No

Temporary practice by foreign lawyers is permitted under N.H. Sup. Ct. R. 42C, if the services (1) are undertaken in association with a lawyer who is admitted to practice in New Hampshire and who actively participates in the matter;  (2) are in or reasonably related to a pending or potential proceeding before a tribunal held or to be held in a jurisdiction outside the United States if the lawyer, or a person the lawyer is assisting, is authorized by law or by order of the tribunal to appear in such proceeding or reasonably expects to be so authorized;  (3) are in or reasonably related to a pending or potential arbitration, mediation or other alternative dispute resolution proceeding held or to be held in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice;  (4) are not within paragraphs (2) or (3) and  (i) are performed for a client who resides or has an office in a jurisdiction in which the lawyer is authorized to practice to the extent of that authorization; or  (ii) arise out of or are reasonably related to a matter that has a substantial connection to a jurisdiction in which the lawyer is authorized to practice to the extent of that authorization; or  (5) are governed primarily by international law or the law of a non-United States jurisdiction.

Can a foreign lawyer obtain a visa to visit clients or to market but not to practice?

Foreign lawyers would not be able to obtain visas to practise law in New Hampshire. It is possible that they may qualify under the USA's WTO commitments as "service salespersons" if they are "persons not based in the territory of the United States and receiving no remuneration from a source located within the United States, who are engaged in activities related to representing a services supplier for the purpose of negotiating for the sale of the services of that supplier where: a) such sales are not directly made to the general public and b) the salesperson is not engaged in supplying the service" Entry for persons named in this section is limited to a ninety-day period.

Can a foreign lawyer obtain a licence to establish and practise as a foreign legal consultant and what is the scope of this limited licence?

Yes.  N.H. Sup. Ct. R. 42D.  A foreign lawyer may render legal services in this jurisdiction but shall not be considered admitted to practice law in this jurisdiction, or in any way hold himself or herself out as a member of the bar of this jurisdiction, or do any of the following: (a) appear as a lawyer on behalf of another person in court (b) prepare any instrument effecting transfer or registration of title to real estate; (c) prepare instruments related to decedent’s estates; (d) prepare instruments related to marital or parental rights; (e) render advice on the law of N.H. or the United States.

Must comply with Rules of Professional Conduct; must comply with requirements of active membership in the N.H. bar; must provide N.H. Supreme Court with written document affirming his or her responsibilities (N.H. Sup. Ct. R. 42D (6)(a)).

The N.H. Supreme Court may license an applicant who (a) is and for at least five years has been a member in good standing it a foreign country, and is subject to effective regulation and discipline; (b) for at least five of the seven immediately preceding years has been a member in good standing and has been primarily engaged in the active practice of law; (c) possesses the good moral character and fitness required of a member of the N.H. bar; and (d) intends to practice as a foreign legal consultant in N.H. and to maintain an office in N.H. for that purpose.

Are foreign lawyers allowed to appear in court under any circumstances?

There is a pro hac vice rule in New Hampshire but it does not explicitly recognise foreign lawyers as eligible under this rule. See  http://www.courts.state.nh.us/rules/scr/scr-33.htm

Can foreign lawyers requalify as local lawyers?

Can a foreign law firm obtain a licence to open an office?

Not applicable

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

Not applicable

Not applicable

No

No Non-NH Lawyers cannot be owners of a NH law firm

Not applicable

Yes - not for a NH law firm, but for something else.

Yes - as long as follows rules for non-NH lawyer employees