Petition to Approve Corporation Providing Legal Services to the Poor

Rules of the Supreme Court of New Hampshire

Rule: 41.

Jurisdiction: NH

Bluebook Citation: N.H. Sup. Ct. R. 41.

Pursuant to RSA 292:1-a, five or more persons of lawful age may associate together by articles of agreement to form a corporation, without a capital stock, for the purpose of providing professional legal services to the poor; provided, however, that no such corporation shall commence business until its articles of agreement and by-laws, and such other information as may be required, have been submitted to the Supreme Court for approval and such court has authorized it to commence business upon finding that it is a responsible organization. Any organization seeking authorization from the Supreme Court to operate under this statute must file a petition with the clerk of the Supreme Court that includes, at a minimum, the following: (a) A description of the organization’s structure; (b) The types of legal and non-legal services the organization will perform; (c) The names of all New Hampshire bar members employed by or regularly performing legal work for the organization; (d) The criteria used to determine potential clients’ eligibility for legal services; (e) The major source of the organization’s funds; (f) Whether the organization accepts funds from or on behalf of its clients; (g) The existence and extent of malpractice insurance that will cover any attorneys providing legal services; (h) An acknowledgement that the organization has registered, or will register, with the Charitable Trusts Unit of the New Hampshire Attorney General’s office as required by RSA 7:28; and (i) A copy of the organization’s articles of agreement and by-laws. An organization is not precluded from providing any other or additional information it believes will help the Supreme Court determine whether the organization is providing legal services to the poor and is a responsible organization. Consistent with RSA 292:1-a, authorization to commence business may, after hearing, be revoked or suspended for just cause. The actual practice of law by an organization approved by the Supreme Court pursuant to this rule shall be conducted solely by members of the New Hampshire bar in good standing, unless a Supreme Court rule permits otherwise.

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