New Hampshire HB 1825: relative to the regulation of the practice of law, establishing an independent legal licensing board, and making an appropriation therefor.

Bill Text

HB 1825-FN-A - AS INTRODUCED

2026 SESSION

 26-3236

 04/09

HOUSE BILL 1825-FN-A

AN ACT relative to the regulation of the practice of law, establishing an independent legal licensing board, and making an appropriation therefor. 

SPONSORS: Rep. Sabourin dit Choiniere, Rock. 30; Rep. Bernardy, Rock. 36; Rep. Comtois, Belk. 7; Rep. DeRoy, Straf. 3; Rep. Granger, Straf. 2; Rep. D. Kelley, Hills. 32; Rep. Corcoran, Hills. 28; Rep. Moffett, Merr. 4; Rep. Tom Mannion, Hills. 1; Rep. Bailey, Straf. 2

COMMITTEE: Judiciary

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ANALYSIS

 This bill restructures the regulation of legal practice in New Hampshire.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-3236

 04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the regulation of the practice of law, establishing an independent legal licensing board, and making an appropriation therefor. 

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

 1 New Sections; Freedom to Practice Law. Amend RSA 311 by inserting after section 1 the following new sections: 

 311:1-a Freedom to Practice Law. 

 I. In this chapter: 

 (a) "Bar examination" means the uniform examination administered to test knowledge of New Hampshire and federal law. 

 (b) "Board" means the legal licensing board established under RSA 311:3.

 (c) "Good moral character" means the presumptive status of all persons unless demonstrated otherwise through clear and convincing evidence of conduct incompatible with the practice of law. 

 (d) "Legal apprenticeship" means a structured study and practice of law under the supervision of a licensed attorney or judge according to standards established by the board. 

 (e) "Practice of law" means the application of legal principles and judgment to the circumstances or objectives of another person or entity, including but not limited to:

 (1) Representation of another before a court or administrative body;

 (2) Preparation of legal documents that affect legal rights for compensation;

 (3) Provision of legal advice for compensation; or

 (4) Negotiation on behalf of another in legal matters. 

 (f) "Supervised practice" means the practice of law under the direct supervision and responsibility of a licensed attorney or judge according to the standards established by the board. 

 311:1-b Public Access to the Bar Examination. 

 I. Any member of the public may apply to sit for the New Hampshire bar examination without regard to educational background, professional experience, or intent to practice law.

 II. The examination shall test knowledge of: 

 (a) New Hampshire statutory and common law; 

 (b) Federal constitutional law; 

 (c) Professional responsibility and ethics; and 

 (d) Core areas of legal practice as determined by the board.

 III. Passing the examination shall not confer the right to practice law but may be: 

 (a) Publicly disclosed by the examinee; 

 (b) Used as a credential for academic, employment, or advocacy purposes; or

 (c) Considered as one element of eligibility for licensure under RSA 311:5. 

 IV. The board shall issue certificates documenting bar passage to any person who passes the examination and requests such documentation. 

 V. Being under the age of 18 shall not preclude a person from taking the bar examination.

 VI. The board may charge reasonable fees to cover the cost of examination administration.

 2 Attorneys and Counselors; License to Practice. Amend RSA 311:2 to read as follows: 

 311:2 [Admission] License to Practice. – Any [citizen] person of the age of 18 years, of good moral character and suitable qualifications, on application to [the supreme court] the legal licensing board shall be [admitted] licensed to practice as an attorney in accordance with the provisions of this chapter. 

 3 Legal Licensing Board Established. RSA 311:3 through 311:13 is repealed and reenacted to read as follows: 

 311:3 Legal Licensing Board Established. 

 I. There is hereby established an independent legal licensing board consisting of 12 members appointed as follows: 

 (a) Two members appointed by the New Hampshire supreme court, at least one of whom shall be a retired justice or judge; 

 (b) Two members appointed by the governor with consent of the executive council; 

 (c) Two members appointed by the speaker of the house of representatives; 

 (d) One member appointed by the president of the senate; and

 (e) Five public members who have never been licensed to practice law, appointed by the governor from a list of at least 10 nominees selected thr