As every litigator working across state lines or multiple jurisdictions knows, both federal and state courts require counsel not admitted in the jurisdiction to obtain local counsel.  New Hampshire, of course, is no different.  See Superior Court Rule 19 (a) (“an attorney, who is not a member of the Bar of this State  . . . shall not be allowed to engage in the trial or hearing in any case, except on application to appear pro hac vice which will not originally be granted unless a member of the Bar of this State . . . is associated with him or her and present at the trial or hearing”); USDC – NH L.R. 83.2 (b), (attorney who is not a member of the District’s Bar must associate with local counsel who shall sign all filings submitted to the Court and whose attendance is required at all proceedings unless excused by the Court.)  Although New Hampshire courts have abandoned the archaic system of writs, local knowledge of pleading practices and expectations of counsel is invaluable.   

Unlike larger jurisdictions, state and federal judges regularly interact with New Hampshire counsel in professional, administrative, and even personal capacities.  Counsel who appear frequently before tribunals in this State get to know the quirks and clerks of every judge, including their preferences on hearings and motions, expectations, pet peeves and receptiveness to various arguments.  For example, one federal judge has specifically stated that he will not review motions to dismiss that do not have the potential to dispose of all claims against a specific party or to significantly alter the scope of claims before the court.  Another has stated that he considers any motion to dismiss a “complete waste of client resources” given his predilection for granting the inevitable motion to amend that will follow a dismissal. 

With more hearings and potentially even trials moving to telephone or video conference in both the state and federal courts, working closely with local counsel who is experienced in your court is more important than ever.  Your ability to connect with the judges and develop a reputation for honesty and trustworthiness is hampered by the loss of live, in person interactions.    

When looking for local counsel, you should carefully review the breadth of experience of the local counsel you engage.  How frequently has he or she appeared in the court where your case lies?  How recent is that experience?  Does he or she have familiarity with the claims and defenses pertinent to your case?  Does he or she have experience drawing juries in that court?  Can local counsel supplement your research needs with access to local decisions that may influence the outcome of the hearing or trial? 

At CullenCollimore, we can proudly say that we meet all these requirements.  Our attorneys have appeared before every judge (and magistrate) in the federal court.  Indeed, we currently have matters before every judge in the federal court and have successfully conducted jury trials in front of more than half of them.  Our experience in state courts is similar, having appeared in every Superior Court and first-chaired jury trials in all but Coos County, most before judges still sitting.  We also regularly appear before the State Supreme Court.  If you would like more information about our ability to assist you and your client here in New Hampshire, please give us a call.