New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 311:7-a (2024)
Petition for Injunction
✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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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.
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.
Notes of Decisions
Cited in 10
cases, 1968–2003 · leading case: State v. Settle, 480 A.2d 6 (N.H. 1984).
State v. Settle, 480 A.2d 6 (N.H. 1984). “The defendant alleges that the attorney general, without first filing a petition for injunctive relief, RSA 311:7-a (Supp. 1981), or providing the defendant with a written specification of the issues, RSA 311:7-b, VI (Supp.”
Bacon v. Smith Barney Shearson, Inc., 938 F. Supp. 98 (D.N.H. 1996). “Claims of Unauthorized Practice of Law (Count V) Invoking the provisions of statutes which prohibit the unauthorized practice of law in New Hampshire and New York, plaintiff seeks to recover damages for what she perceives to be defendants’ violations of such statutes in…”
State v. Settle, 523 A.2d 124 (N.H. 1987). “It was in fact the defendant’s frequent practice of performing legal services for others that led to the institution of this suit in 1984, when the State petitioned under RSA 311:7-a, I, for an injunction against the defendant’s unauthorized practice of law in violation of RSA…”
Bilodeau v. Antal, 455 A.2d 1037 (N.H. 1983). “Furthermore, in order to strengthen enforcement, the legislature enacted RSA 311:7-a to :7-f (Supp. 1981), granting the attorney general’s office broad investigative powers to pursue any complaint of the unauthorized practice of law.”
New Hampshire Bar Ass'n v. LaBelle, 246 A.2d 826 (N.H. 1968). “RSA 311:7-a II (supp); Laws 1967, 290:1. See N.”
Baldwin v. Kulch Assocs., Inc., 39 F. Supp. 2d 111 (D.N.H. 1998). “98, 102 (1996) (no intent by legislature to create a cause of action for violation of unauthorized practice of law statute, RSA 311:7-a to -c); Heritage Home Health, Inc.”
Tocci's Case, 663 A.2d 88 (N.H. 1995). “See RSA 311:7-a (1984); see also RSA 311:10 (1984).”
Bacon v. Smith Barney ..., No. CV-95-130-SD (D.N.H. June 27, 1996). “9 These claims must also be dismissed. The New Hampshire Legislature has prohibited the unauthorized practice of law, RSA 311:7, 7 vesting enforcement of such prohibition in the New Hampshire Attorney General and the New Hampshire Bar Association.”
Kamasinski v. Fitzgerald, 2003 DNH 121 (D.N.H. 2003). “See RSA 311:7-a (authorizing the attorney general to “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…”
Baldwin v. Kulch Assoc., No. CV-98-333-SD (D.N.H. Oct. 29, 1998). “98, 102 (1996) (no intent by legislature to create a cause of action for violation of unauthorized practice 17 of law statute, RSA 311:7-a to -c); Heritage Home Health, Inc.”
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