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A recent New Hampshire Supreme Court ruling has amended its provisions to make it easier for people to afford legal assistance in divorce and civil court cases.
Attorneys no longer obliged to deal with civil cases from beginning to end under the new rule, which was approved last week for the state’s district, superior, and probate courts.
Normally, once an attorney signs on to handle a case, they are bound to see it through unless they receive permission from a client or a judge to withdraw. However, with the onset of the new ruling, lawyers can provide legal advice, help draft a certain motion, or appear in court for a single hearing.
The new provisions are designed to make it easier for the vast majority of people who can’t afford legal services and come to court without the assistance of an attorney.
According to state court statistics, in two-thirds of divorce and other family law cases one or both parties are forced to represent themselves.
Additionally, 85 percent of people involved in civil cases in district courts, such as domestic violence restraining orders, small claims, and landlord-tenant disputes, must also represent themselves because they can’t afford an attorney.
Under the new rule, an attorney must sign an agreement with a client that details all the services they will provide. Attorneys do not have to offer any more assistance than what is specified in the contract, unless a new agreement is signed.
This new law will be helpful for those who seek advice in divorce and civil cases, where the help of a qualified attorney is the best way to protect legal rights and options.
Under the U.S. Constitution, defendants in criminal cases are give the right to a lawyer. There is no such ruling in civil cases.