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Ethics Opinions and Practical Ethics Articles: 1990 - 1999
The NH Bar Association Ethics Committee

A Note About Ethics Materials from the NH 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.  Continue reading.

Ethics Corner: A monthly series of brief articles in Bar News by the Ethics Committee looks at frequently asked questions on ethics. The series began in November 2011. Enter "Ethics Corner" in search box for latest topics or view all Ethics Corner articles.

• Read about how to obtain an opinion from NHBA Ethics Committee
Rules of Professional Conduct. Effective Jan. 1, 2008, New Hampshire's Rules of Professional Conduct were comprehensively revised. The New Hampshire version of the Rules differs from the ABA Model Rules. Other states have adopted other variations. The New Hampshire Comments generally highlight differences between the current New Hampshire Rules and the ABA Model Rules.

Can't Find an NHBA Ethics Opinion on Point?
Informal guidance: New Hampshire lawyers may contact the Committee for confidential and informal guidance on their own prospective conduct or suggest topics for the Ethics Corner. Members are encouraged to ask the NHBA Ethics Committee questions pertaining to New Hampshire practice. Inquiries and requests for opinions should be directed to Rosemarie Atwood, staff liaison to the Ethics Committee by calling 715-3214 or emailing at ratwood@nhbar.org.

Another option for seeking Ethical Opinions is ETHICSearch, a research service of the American Bar Association Center for Professional Responsibility (CPR).

• 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.
  
1998-99 Ethics Opinions
#1998-99/15 Conflict of Interest: Joint Petitions in Domestic Relations
#1998-99/14 Lawyers Selling Insurance to Their Clients
#1998-99/10 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
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. 1997 Referral Fees: Practical Implications of Professional Rule of Conduct 1.5(f)
Nov. 1997 Lawyer 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
#1996-97/5 Conflict of Interest: Representing a Client Through Business Arrangement With For-Profit Lay Corporation
#1996-97/3 Conflict of Interest: Representation of Clients Against a Former Employer
1996 Practical Ethics Articles
Sept, 1996 Little White Lies
1995-96 Ethics Opinions
#1995-96/16 Formation of LLC by NH Firms for Purpose of Purchasing and Collecting Debt on Contingent Fee Basis
#1995-96/12 Referral Fees: When May They Be Paid and How May They Be Advertised
#1995-96/10 Incorporation of Mandatory Arbitration Clause into Attorney-Client Fee Agreements, as Requested by Malpractice Carrier
#1995-96/8 Collection of Fees in Diversionary Sentencing Program
#1995-96/7 Attorney-Client Privilege
#1995-96/5 Presentation of False Evidence to a Tribunal by a Third Party Non-Client
#1995-96/4 Conflicts of Interest: Litigation Against Town When Attorney Serves on the Town Planning Board and Participation in Amendments to Town Ordinance ...
#1995-96/3 Temporary Lawyers - Temporary Lawyer Placement Agency
#1995-96/1 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
#1994-95/6 Attorney/Client Relationship, Independent Professional Judgement and Conflicts Avoidance...
#1994-95/5 Candor to Tribunal: Use of Questionable Evidence for Purpose of Impeachment
#1994-95/3 Radio Call-In Program
#1994-95/2 Conflict of Interest: Personal Injury Settlements/Brokerage Referral
1994 Practical Ethics Articles
June 1994 Inadvertent Disclosure of Confidential Materials
Dec. 1994 Fees Charged by Attorney Settlement Agents
1993-94 Ethics Opinions
#1993-94/22 Conflict of Interest: Multiple Representation in Personal Injury Case
#1993-94/18 Confidentiality and Conflict of Interest: Use of Lawcard to Finance Legal Fees
#1993-94/17 Conflict 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
#1993-94/15 Communication With Person Represented by Counsel: Communication With Insurance Rep Without Consent of Defense
#1993-94/8 Attorney Providing Court Coverage
#1993-94/7 Candor to Tribunal: Use of Questionable Evidence in Criminal Defense
#1993-94/4 Practicing Attorney/Marital Mediator Association in Business With Non-Attorney Representation of Mediation Couple
#1993-94/2 Official: "General Counsel" to Real Estate Development Partnership Serving as Member of Municipal Governing Body
1993 Practical Ethics Articles
Feb. 1993 Duty to Client v. Duty to Tribunal: Juror Misconduct
Feb. 1993 Ethical Sex?
April 1993 Fee Splitting Between Referring and Receiving Attorneys
Aug. 1993 A Case For an Impractical Rule
Aug. 1993 Lawyer-Client Sex: A Per Se Violation of Rule 1.7(b)
Dec. 1993 Control of Settlement by Third Party Paying the Lawyer's Fees
1992-93 Ethics Opinions
#1992-93/13 Representing a State Agency
#1992-93/13 Conflict of Interest: Lawyer and Real Estate Broker Who are Spouses Participating in Same Real Estate Transaction
#1992-93/11 Certification as a Specialist/Problems with Seminars
#1992-93/10 Reimbursement of Litigation Consultant's Attorney's Fees
#1992-93/9 Client Funds and Property: Real Estate Settlement Accounts
#1992-93/8 Letterhead Listing/Dual Practice
#1992-93/7 Fairness to Opposing Party and Counsel Before the Workers' Comp Appeals Board
#1992-93/6 Advertising/Solicitation: Distribution of Business Cards
#1992-93/5 Attorneys as "Partisan" Arbitrators: Insurer's Counsel Serving on Arbitration Panel in Unrelated Claim Involving Insurer
#1992-93/3 Conflicts of Interest: Office of Child Support Attorneys Providing Services to AFDC Recipients and Non-AFDC Recipients
#1992-93/2 Conflict of Interest: Lawyer Member of City Council Opposing City Employees in Court
#1992-93/1 Fee Splitting in Contingent Fee Cases With a Referring Attorney Whose License is Revoked Subsequent to the Referral
1992 Practical Ethics Articles
Feb. 1992 Appellate Obligations of Criminal Defense Counsel
March 1992 Disbarred or Suspended Attorneys: Resources or Pariahs
April 1992 Current Ethical Issues in Attorney Advertising
Oct. 1992 Compensation of Fact Witnesses: Rule 3.4(b) of the NH Rules of Professional Conduct
Nov. 1992 Law Firms and the Rules of Professional Conduct
Dec. 1992 Suits to Recover Workers' Comp Payments to an Injured Employee: The Impact of the Rules of Professional Conduct
1991-92 Ethics Opinions
#1991-92/16 Attorney's Duty to Obtain Trial Record
#1991-92/14 Conflicts of Interest: Appearance Before Workers' Comp Appeals Board by Members of a Firm When Another Member of the Firm Serves on the Board
#1991-92/13 Confidentiality: Responsibility to Client v. Responsibility to Tribunal
#1991-92/9 Fee Sharing: Association Staff Attorney Representing Association Members for Fees Paid to the Association
#1991-92/8 Attorney as Witness: Disqualification
#1991-92/7 Conflict of Interest: Adverse Representation
#1991-92/6 Confidentiality of Mobile Communications
#1991-92/5(b) Advertising and Solicitation: Including Name of Specific Lawyer
#1991-92/5(a) Letterhead: Use of Trade Name
#1991-92/4 Conflict of Interest: Lawyer-Official
1991 Practical Ethics Articles
Feb. 1991 Candor Toward the Tribunal: Duty to Inform the Court of Related Proceedings
Aug. 1991 Calculation of Fees When Multiple Clients are Represented
1990-91 Ethics Opinions
#1990-91/15 Contingent Fee Arrangement for a Domestic Matter
#1990-91/11 Conflict of Interest: Client Gift to a Relative of a Firm Associate (Prohibited Transactions)
#1990-91/10 Trust Funds: Application of Retainer to Final Bill
#1990-91/9 Marital Mediation: Clarification re: Certification Requirement
#1990-91/8 Solicitation/Advertising
#1990-91/5 Fees: Fixed Fee for Insurance Defense Work
#1990-91/4 Providing Legal Services on a Sliding Fee Scale Based Upon Client's Income
#1990-91/3 Donation to IOLTA of Interest Accrued on Trust Account Prior to Joining IOLTA
#1990-91/2 Donation of Legal Services for Charitable Fund Raising
#1990-91/1 Contingent Fee Arrangement for a Domestic Matter
1990 Practical Ethics Articles
April 1990 Conflict of Interest In a Real Estate Transaction
Oct. 1990 Restrictions on Communication of Specialization in the Practice of Law: Rules of Professional Conduct 7.4

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