Unlike many States, New Hampshire allows people who are not members of the Bar to serve as attorneys (RSA 311). Doing so is relatively simple and straightforward:—
- The person desiring you to serve as their counsel must appoint you as their “Attorney-in-Fact” by filling out and having notarized a limited power of attorney form. Jails will have notaries on staff if the person is incarcerated; you may have to make a specific appointment, however.
- You must fill out the State’s official appearance form.
- You must also fill out an affidavit stating what felonies or misdemeanors you have ever been convicted of (if any), what court rules you have ever been sanctioned for violating, and what other courts have allowed you to serve as someone’s counsel. Failing to disclose any of this information can be prosecuted as a felony in New Hampshire (RSA 641:1).
- File all this with the clerk of court at the appropriate courthouse.
Once you’ve done this, you are allowed to represent them in court, file motions on their behalf, and visit them anytime at jail, not just during visitation hours.