New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 311:7 (2026)

Prohibition

✓ current as of May 2026
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    311:7 Prohibition. – No person shall be permitted commonly to practice as an attorney in court unless he has been admitted by the court and taken the oath prescribed in RSA 311:6.

Source. RS 177:6. CS 187:6. GS 199:6. GL 218:6. PS 213:6. PL 325:7. RL 381:7.

Notes of Decisions
Cited in 14 cases, 1983–2015 · leading case: State v. Settle, 523 A.2d 124 (N.H. 1987).
State v. Settle, 523 A.2d 124 (N.H. 1987). · cites it 5× “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…”
New England Capital Corp. v. Finlay Co., 624 A.2d 1358 (N.H. 1993). · cites it 3× “RSA 311:7 (1984) expresses the general rule prohibiting the unauthorized practice of law.”
Appeal of Campaign for Ratepayers' Rights, 634 A.2d 1345 (N.H. 1993). · cites it 3× “The commission may, however, allow a citizen of good character to appear on behalf of a corporation or unincorporated association provided that citizen does “not intend to appear ‘commonly’ in violation of RSA 311:7.” New England Capital Corp. v. The Finlay Co.”
Bilodeau v. Antal, 455 A.2d 1037 (N.H. 1983). · cites it 2× “” Enacted at the same time as that statute, however, was RSA 311:7, which provides: “No person shall be permitted commonly to practice as an attorney in court unless he has been admitted by the court and taken the [statutory] oath .”
Bacon v. Smith Barney Shearson, Inc., 938 F. Supp. 98 (D.N.H. 1996). · cites it 2× “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, 480 A.2d 6 (N.H. 1984). · cites it 2× “The only statutory definition of the unauthorized practice of law is provided in RSA 311:7 which states: “No person shall be permitted commonly to *837 practice as an attorney in court unless he has been admitted by the court.”
In Re Moran, 256 B.R. 842 (Bankr. D.N.H. 2000). “§ 110 (k); RSA 311:7 and 311:7-a to 7-f. However, nothing in section 110, or its legislative history, prohibits petition preparers from providing services beyond the preparation of “documents for filing” but short of providing legal advice.”
State v. O'Connell, 550 A.2d 747 (N.H. 1988). “Settle would have been engaged in the unauthorized practice of law in violation of RSA 311:7. See State v. Settle, 124 N.H. 832, 837 , 480 A.”
Tocci's Case, 663 A.2d 88 (N.H. 1995). “; see also RSA 311:7 (1984). In this case, the respondent filed pleadings on behalf of a number of different clients in which he identified himself as an attorney, drafted letters on behalf of clients, and represented to others that he was a practicing attorney.”
Kamasinski v. Fitzgerald, et al., 2003 DNH 121 (D.N.H. 2003). · cites it 2× “Respondents (defendants in this action), New Hampshire’s Attorney General and the state bar association president, filed a cross-petition, seeking an order enjoining Kamasinski from providing any legal representation or rendering any legal services that violate RSA 311:7. See…”
Amy M. et al. v. Timberlane Sch., 2000 DNH 181 (D.N.H. 2000). · cites it 3× “Although N.H. Rev. Stat. Ann. § 311:7 provides that “[n]o person shall be permitted commonly to practice as an attorney in court unless he has been admitted by the court and has taken the oath prescribed in RSA 311:6,” N.”
Bacon v. Smith Barney ... (D.N.H. 1996). · cites it 2× “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…”
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