1

I do occasional favors for a foreign (non-US) corporation, helping it manage investments in the United States. I have a power of attorney authorizing me to act in behalf of the corporation. I get paid a small annual fee for the larger tasks and do other little things gratis since the owner of the company is a friend of mine. Currently the corporation is doing a lot of investing in New Hampshire. The corporation is not registered in New Hampshire, nor is it required to be because it is only doing investing, and is not an "operating company".

It has not happened yet, but there could arise a situation where we might need to sue somebody. In that situation can I file the papers and represent the corporation in court without falling afoul of the New Hampshire laws concerning the practice of law?

My reading of the laws in New Hampshire is that it is only illegal to hold yourself as a lawyer to the public and do a regular business in law that is illegal. Based on this it would seem to be ok for me to represent my friend's company in court, is that right?

Improve this question
3
  • 1
    The rules of the court probably would require you to be admitted to the bar of that court, which you presumably are not, before you can represent another party before the court. In other words, law about practice of law is not your primary concern.
    – phoog
    Feb 23 '19 at 23:21
  • @phoog In New Hampshire, 85% of the civil cases in district court are conducted pro se, so I seriously doubt there is any such rule.
    – Cicero
    Feb 23 '19 at 23:49
  • Pro se is not representing someone else, it's appearing for oneself. Representing someone else is a privilege reserved for those who have been admitted to the bar.
    – phoog
    Feb 24 '19 at 4:04
2

After some additional additional research I found that a person who is not a member of the bar can legally represent another person or entity in the courts of New Hampshire as long as the following requirements are met:

  • The representative is of good character
  • The party to the suit has made out a notarized power of attorney and filed it with the court
  • The representative makes out an affadavit disclosing any prior instances of breaking rules of the court or having felony convictions
Improve this answer

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.