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Ethics Opinions & Practical Ethics Articles

Wondering how to obtain an opinion from NHBA Ethics Committee? Click here for more information

Can't find an NHBA ethics opinion or practical ethics article on point? Click here for details on how to use the ABA's ETHICSearch, a research service that responds to inquiries about situations posing ethics issues.

PLEASE NOTE: All of our Ethics Opinions are now posted on the NH Casemaker Web Library available through the For Members section. Practical Ethics articles are posted below, grouped by the date they were written.

New Ethics Code Effective Jan. 1, 2008
The Rules of Professional Conduct were comprehensively revised effective January 1, 2008. The current text may be found on the Supreme Court's website, The New Hampshire version of the Rules differs from the ABA Model Rules, which may be found on the ABA's website. Other states have adopted other variations. The New Hampshire Comments generally highlight differences between the current New Hampshire Rules and the ABA Model Rules.


A Note About Ethics Articles & Opinions
From the New Hampshire Bar Association Ethics Committee

Care should be exercised in determining which version of a given Rule applies as of a given date, and the extent to which the interpretation of a given opinion or article will apply to such version.  Many interpretations of New Hampshire ethics law (including most of the opinions and practical ethics articles cited below) have been published under the prior version of the Rules of Professional Conduct or predecessor rules.  See "Rewriting the Rules"  and commentaries.

The New Hampshire Supreme Court has not adopted the ABA Model Code Comments or the New Hampshire Comments, which are provided for reference on the Supreme Court site.  Unofficial annotations to the Rules are included in some hard-copy versions of the Rules.

The New Hampshire Bar Association's Ethics Committee has no official connection with the New Hampshire Supreme Court's Committee on Professional Conduct, which makes disciplinary recommendations to the Supreme Court.

The Ethics Committee produces two types of work product. Opinions of the Committee analyze and apply the Rules to specific situational inquiries submitted to the Committee. Practical Ethics Articles analyze and apply the Rules to issues or situations determined by the Committee to be of general interest to the Bar. Both receive equal consideration, are the work product of the Committee rather than its individual members, and are received and reviewed by the Board of Governors of the Bar Association.


2007-08 Practical Ethics Articles

January, 2008    

2006-07 Ethics Opinions

#2006-07/2Identification of Inactive Bar Membership Status

2006-07 Practical Ethics Articles

May, 2007           Closing a Solo Practice in New Hampshire

2005-06 Ethics Opinions

#2005-06/6Ethics Regarding Business Networking
#2005-06/4  Attorney Acting as Town Manager and Town Counsel
#2005-06/3Obligation to Provide Electronic Material

2004-05 Ethics Opinions

#2004-05/1Non-Recourse Lawsuit Financing

2000-01 Ethics Opinions

#2000-01/05Release of Billing Statements to Third Party Auditors

2000-01 Practical Ethics Articles

April, 2001     Conflict of Interest in Family Law Matters
July, 2001To Disclose or Not to Disclose: Disclosure of Billing Statements to Non-Clients
Nov., 2000Taking Stock In Your Client As Legal Fees Or An Investment

1998-99 Ethics Opinions

#1998-99/15  Conflict of Interest: Joint Petitions in Domestic Relations
#1998-99/14  Lawyers Selling Insurance to Their Clients
#199899/10      Conflict of Interest: Referral Fees from Investment Advisors
#1998-99/3  Safeguarding Settlement Funds of Clients and Third Parties: Recognized Valid Liens on Settlement Funds in Lawyer's Possession

1998-99 Practical Ethics Articles

Nov., 1998It's a Family Affair
Dec., 1998Clients Are Entitled to Their Files
March, 1999Ethical Considerations and the Retention of Client Files
April, 1999Conflicts of Interest in Corporate Representation
May, 1999Unbundled Services - Assisting the Pro Se Litigant
May, 1999Rule 1.9 - Former Client Conflicts

1997-98 Ethics Opinions

#1997-98/1               Conflict of Interest: Member of a Firm Appearing Before Governmental Board When Another Member of the Same Firm is a Member of the Board

1997 Practical Ethics Articles

Jan., 1997      E-Mail Messages and Defamation Claims: Avoiding Liability
Oct., 1997Referral Fees: Practical Implications of Professional Rule of Conduct 1.5(f)
Nov., 1997Lawyer Advertising: Million Dollar Advocate

1996-97 Ethics Opinions

#1996-97/6           Conflict of Interest: Part-time Municipal Prosecutor Representing Criminal Defendants in Courts' Other Than Where He/She Prosecutes
#1996-97/5Conflict of Interest: Representing a Client Through Business Arrangement With For-Profit Lay Corporation
#1996-97/3Conflict of Interest: Representation of Clients Against a Former Employer

1996 Practical Ethics Articles

Sept 96  Little White Lies

1995-96 Ethics Opinions

#1995-96/16Formation of LLC by NH Firms for Purpose of Purchasing and Collecting Debt on Contingent Fee Basis
#1995-96/12Referral Fees: When May They Be Paid and How May They Be Advertised
#1995-96/10Incorporation of Mandatory Arbitration Clause into Attorney-Client Fee Agreements, as Requested by Malpractice Carrier
#1995-96/8Collection of Fees in Diversionary Sentencing Program
#1995-96/7Attorney-Client Privilege
#1995-96/5Presentation of False Evidence to a Tribunal by a Third Party Non-Client
#1995-96/4Conflicts of Interest: Litigation Against Town When Attorney Serves on the Town Planning Board and Participation in Amendments to Town Ordinance ...
#1995-96/3Temporary Lawyers - Temporary Lawyer Placement Agency
#199596/1       Mailings to Potential Clients Who May Have Need of Legal Service

1994-95 Ethics Opinions

#1994-95/7       Conflicts of Interest: Obtaining Security for Payment of Attorney's Fees
#1994-95/6Attorney/Client Relationship, Independent Professional Judgement and Conflicts Avoidance...
#1994-95/5Candor to Tribunal: Use of Questionable Evidence for Purpose of Impeachment
#1994-95/3Radio Call-In Program
#1994-95/2Conflict of Interest: Personal Injury Settlements/Brokerage Referral

1994 Practical Ethics Articles

Jun 94Inadvertent Disclosure of Confidential Materials
Dec 94Fees Charged by Attorney Settlement Agents

1993-94 Ethics Opinions

#1993-94/22Conflict of Interest: Multiple Representation in Personal Injury Case
#1993-94/18Confidentiality and Conflict of Interest: Use of Lawcard to Finance Legal Fees
#1993-94/17Conflict of Interest: Attorney Serving as Mediator in District Court ADR Program/Firm Member as District Court Special Justice
#1993-94/16   Fee Sharing: Association Staff Attorney Representing Association Members for Fees Paid in Trust
#1993-94/15Communication With Person Represented by Counsel: Communication With Insurance Rep Without Consent of Defense
#1993-94/8Attorney Providing Court Coverage
#1993-94/7Candor to Tribunal: Use of Questionable Evidence in Criminal Defense
#1993-94/4Practicing Attorney/Marital Mediator Association in Business With Non-Attorney Representation of Mediation Couple
#1993-94/2Official: "General Counsel" to Real Estate Development Partnership Serving as Member of Municipal Governing Body

1993 Practical Ethics Articles

Feb 93          Duty to Client v. Duty to Tribunal: Juror Misconduct
Feb 93-2Ethical Sex?
Apr 93Fee Splitting Between Referring and Receiving Attorneys
Aug 93A Case For an Impractical Rule
Aug 93-2Lawyer-Client Sex: A Per Se Violation of Rule 1.7(b)
Dec 93Control of Settlement by Third Party Paying the Lawyer's Fees

1992-93 Ethics Opinions

#199293/13      Representing a State Agency
#1992-93/12Conflict of Interest: Lawyer and Real Estate Broker Who are Spouses Participating in Same Real Estate Transaction
#1992-93/11Certification as a Specialist/Problems with Seminars
#1992-93/10Reimbursement of Litigation Consultant's Attorney's Fees
#1992-93/9Client Funds and Property: Real Estate Settlement Accounts
#1992-93/8Letterhead Listing/Dual Practice
#1992-93/7Fairness to Opposing Party and Counsel Before the Workers' Comp Appeals Board
#1992-93/6Advertising/Solicitation: Distribution of Business Cards
#1992-93/5Attorneys as "Partisan" Arbitrators: Insurer's Counsel Serving on Arbitration Panel in Unrelated Claim Involving Insurer
#1992-93/3Conflicts of Interest: Office of Child Support Attorneys Providing Services to AFDC Recipients and Non-AFDC Recipients
#1992-93/2Conflict of Interest: Lawyer Member of City Council Opposing City Employees in Court
#1992-93/1Fee Splitting in Contingent Fee Cases With a Referring Attorney Whose License is Revoked Subsequent to the Referral

1992 Practical Ethics Articles

Feb92               Appellate Obligations of Criminal Defense Counsel
Mar 92          Disbarred or Suspended Attorneys: Resources or Pariahs
Apr 92Current Ethical Issues in Attorney Advertising
Oct 92Compensation of Fact Witnesses: Rule 3.4(b) of the NH Rules of Professional Conduct
Nov 92Law Firms and the Rules of Professional Conduct
Dec 92Suits to Recover Workers' Comp Payments to an Injured Employee: The Impact of the Rules of Professional Conduct

1991-92 Ethics Opinions

#199192/16         Attorney's Duty to Obtain Trial Record
#1991-92/14Conflicts of Interest: Appearance Before Workers' Comp Appeals Board by Members of a Firm When Another Member of the Firm Serves on the Board
#1991-92/13Confidentiality: Responsibility to Client v. Responsibility to Tribunal
#1991-92/9Fee Sharing: Association Staff Attorney Representing Association Members for Fees Paid to the Association
#1991-92/8Attorney as Witness: Disqualification
#1991-92/7Conflict of Interest: Adverse Representation
#1991-92/6Confidentiality of Mobile Communications
#1991-92/5(b)Advertising and Solicitation: Including Name of Specific Lawyer
#1991-92/5(a)Letterhead: Use of Trade Name
#1991-92/4Conflict of Interest: Lawyer-Official

1991 Practical Ethics Articles

Feb 91              Candor Toward the Tribunal: Duty to Inform the Court of Related Proceedings
Aug 91Calculation of Fees When Multiple Clients are Represented

1990-91 Ethics Opinions

#199091/15       Contingent Fee Arrangement for a Domestic Matter
#1990-91/11Conflict of Interest: Client Gift to a Relative of a Firm Associate (Prohibited Transactions)
#1990-91/10Trust Funds: Application of Retainer to Final Bill
#1990-91/9Marital Mediation: Clarification re: Certification Requirement
#1990-91/8Solicitation/Advertising
#1990-91/5Fees: Fixed Fee for Insurance Defense Work
#1990-91/4Providing Legal Services on a Sliding Fee Scale Based Upon Client's Income
#1990-91/3Donation to IOLTA of Interest Accrued on Trust Account Prior to Joining IOLTA
#1990-91/2Donation of Legal Services for Charitable Fund Raising
#1990-91/1Conflict of Interest: Representation Position Adverse to Former Client

1990 Practical Ethics Articles

Apr 90                  Conflict of Interest In a Real Estate Transaction
Oct 90

Restrictions on Communication of Specialization in the Practice of Law: Rules of Professional Conduct 7.4


1989-90 Ethics Opinions

#1989-90/17Conflicts of Interest/Multiple Representation of Parties in Commercial Litigation
#1989-90/15Marital Mediation: Representing Both Parties
#1989-90/14Division of Fees Between Lawyers
#1989-90/12Attorney/Realtor Related Questions
#1989-90/11LRIS Fee Sharing Arrangement
#1989-90/9Employee Leasing - Law Firm Partners
#1989-90/4Letterhead Listing: Elected Public Official/Firm Member
#1989-90/2Confidentiality: Off-Site Storage of Closed Client Files
#1989-90/1Attorney's Representation of Community Land Trusts

1989 Practical Ethics Articles

Sept. 89        Duty to Report Unethical Conduct



1988-89 Ethics Opinions

#198889/26          Contingency Fee Agreements in Workers' Compensation Cases
#1988-89/25Charging Interest on Unpaid Statements
#1988-89/24Municipal Representation: Appearances Before Town Land Use Board, Actions Against the Town or Representation of Criminal Defendants
#1988-89/22Conflict of Interest: Public Service
#1988-89/21Advertising: Acceptance of Credit Cards
#1988-89/20" Relationship With Out-of-State Attorney
#1988-89/19Confidentiality: Revealing Client Scheme to Defraud
#1988-89/18Legal Intern Appearance Before State Appeals Board
#1988-89/17Fee Arrangements: Union Charge for Case Settlement Services - Workers' Comp
#1988-89/16Disposition of Unused Client Funds When Client Cannot Be Located
#1988-89/15Conflict of Interest: Guardian Ad Litem Representation for a Civil Suit
#1988-89/14Client/File Retention -Transfer to a New Firm
#1988-89/13Confidentiality: Provision of Information to Funding Source
#1988-89/12Conflicts of Interest: Appearances Before City Land Use Boards or Actions Against the City by Members of Firm When...
#1988-89/11Conflict of Interest: Representation of Police Prosecutor
#1988-89/9Fees: Arrangement Which Effectively Passes Costs on to a Third Party
#1988-89/8Conflict of Interest: Lawyer-Official/Lawyer-Legislator Appearing Before Certain Agencies/Forums
#1988-89/6Conflict of Interest: Representation of Separated Parties
#1988-89/5Letterhead Listing - Affiliated Law Firms
#1988-89/3Town Moderator Representation of Clients Before the Same Town Board
#1988-89/2Letterhead Listing - Use of "Of Counsel" Designation by Inactive Bar Member






































1988 Practical Ethics Articles

July 88Client Misconduct
Aug 88Contingent Fee Agreements




1987-88 Ethics Opinions

#198788/17              Fees: Responsibility of Attorney to Participate in Fee Dispute Resolution Process
#1987-88/16Guardian Ad Litem Fees in Divorce Proceedings Involving Non-Indigent Individuals
#1987-88/15Contingent Fees in Property Division and Custody Disputes Between Unmarried Persons
#1987-88/13Conflict of Interest: Municipal Prosecutor Representing Criminal Defendants in same District Court
#1987-88/9Ethical Consideration in Attorney-Fiduciary Role (Dual Capacity; Conflict of Interest; Fees)
#1987-88/8Collection of Fees: Submission of Client Name to Credit Bureau
#1987-88/7Conflicts of Interest: Serving on and Appearing Before a Land Use Board
#1987-88/5Conflicts of Interest: Service as a Member of an Adjudicating Board and Attorney Within the Same Governmental Department
#1987-88/3Marital Mediation/Consultation by Retired Attorney
#1987-88/2Dual Practice: Attorney as a Realtor
#1987-88/1        Conflict of Interest: Appearing Before a Governmental Board by a Temporary Board Member



























1987 Practical Ethics Articles



Feb 87May Attorneys Reveal Client Confidences to Prevent Certain Criminal Acts?
Feb 87-2The Ethical Considerations in Office Sharing
Feb 87-3The Lawyer as Intermediary
Mar 87Retention of Client Files
May 87Law Firm Use of Outside Service Providers
June 87Lawyer Fee Agreements
Aug 87Representing the Corporation
Nov 87Conflict of Interest: Former Client

















1986-87 Ethics Opinions

#1986-87/14aAdvertising: Direct Mail/14a
#1986-87/11Payment of Fees to Lawyer Referral Service
#1986-87/10Part-Time/Of Counsel Working Agreements: Potential Conflicts
#1986-87/8Client Files
#1986-87/7Conflict of Interest - New Client and Former Client
#1986-87/4Fees, Costs and Expenses Secured by Mortgage Instruments
#1986-87/3Retention of Pro Bono/LRIS Records
#1986-87/2Representing Both Parties in Marital Mediation
#1986-87/1Retention of File Notes When Turning a File Over to Client or Subsequent Counsel




















1986 Practical Ethics Articles

Mar 86Attorney Advertising: A Major Transition
Apr 86Attorneys' Liens
May 86Part-Time Judge Conflicts
July 86Delay, Frivolousness and Harassment
Aug 86Client Solicitation
Aug 86-2New Rules of Professional Conduct Raise Issues of Attorney Supervision, Use of Nonlaywer Personnel
Sept 86New Rules Stress Attorney's Duty to Avoid Conflicts of Interest
Sept 86-2Trial Publicity Under Rule 3.6 of the NH Rules of Professional Conduct
Sept 86-3When a Law Firm Splits Up
























1985-86 Ethics Opinions



#1985-86/9Advertising: Self-Designation of Fields of Practice in a Lawyer Directory
#1985-86/7Advertising: Signs/Letterhead
#1985-86/6Candor Toward the Tribunal: Client Intent to Commit Perjury
#1985-86/5Dissolution of Professional Association
#1985-86/4Client Confidences: Obligation to Retain/Relinquish Documents
#1985-86/3Insurance Counsel: Acceptance of a Referral From an Insurance Company
#1985-86/2Advertising: Multiple Jurisdictions
#1985-86/1Client Confidences: Obligation to Protect or Disclose
















1984-85 Ethics Opinions

#1984-85/22Payment of Assigned Counsel Fees by Former Indigent Criminal Defendant
#1984-85/19Out-of-State Counsel: NH Practice/Fee Splitting
#1984-85/18Municipal Representation Conflicts
#1984-85/17Disposition of Stolen Property
#1984-85/16Spouse Attorneys
#1984-85/15INQUIRY - Attorneys Liens
#1984-85/14Preservation of Client Confidences: Former Lawyer as Witness
#1984-85/12Client Confidences: Obligation to Protect/Disclose (Probation Violation)
#1984-85/11Disposition of Client Funds When Client Cannot Be Located
#1984-85/10Municipal Representation Conflicts: County Attorney/City Councilor
#1984-85/9Dual Professions: Attorney - Realtor
#1984-85/7Contingency Fee: Extension of Fee Agreement to Medical Consulting Service
#1984-85/5Attorney - Client Privilege
#1984-85/4Taking Statements From an Opposing Party
#1984-85/3Municipal Representation Conflicts: "Of Counsel" Conflict
#1984-85/2Referrals to a Law School Clinic From a State Agency
#1984-85/1Credit Cards: Use for Payment of Legal Fees

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