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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.
  
1989-90 Ethics Opinions
#1989-90/17 Conflicts of Interest/Multiple Representation of Parties in Commercial Litigation
#1989-90/15 Marital Mediation: Representing Both Parties
#1989-90/14 Division of Fees Between Lawyers
#1989-90/12 Attorney/Realtor Related Questions
#1989-90/11 LRIS Fee Sharing Arrangement
#1989-90/9 Employee Leasing - Law Firm Partners
#1989-90/4 Letterhead Listing: Elected Public Official/Firm Member
#1989-90/2 Confidentiality: Off-Site Storage of Closed Client Files
#1989-90/1 Attorney's Representation of Community Land Trusts
1989 Practical Ethics Articles
Sept. 1989 Duty to Report Unethical Conduct
1988-89 Ethics Opinions
#1988-89/26 Contingency Fee Agreements in Workers' Compensation Cases
#1988-89/25 Charging Interest on Unpaid Statements
#1988-89/24 Municipal Representation: Appearances Before Town Land Use Board, Actions Against the Town or Representation of Criminal Defendants
#1988-89/22 Conflict of Interest: Public Service
#1988-89/21 Advertising: Acceptance of Credit Cards
#1988-89/20 Relationship With Out-of-State Attorney
#1988-89/19 Confidentiality: Revealing Client Scheme to Defraud
#1988-89/18 Legal Intern Appearance Before State Appeals Board
#1988-89/17 Fee Arrangements: Union Charge for Case Settlement Services - Workers' Comp
#1988-89/16 Disposition of Unused Client Funds When Client Cannot Be Located
#1988-89/15 Conflict of Interest: Guardian Ad Litem Representation for a Civil Suit
#1988-89/14 Client/File Retention -Transfer to a New Firm
#1988-89/13 Confidentiality: Provision of Information to Funding Source
#1988-89/12 Conflicts of Interest: Appearances Before City Land Use Boards or Actions Against the City by Members of Firm When...
#1988-89/11 Conflict of Interest: Representation of Police Prosecutor
#1988-89/9 Fees: Arrangement Which Effectively Passes Costs on to a Third Party
#1988-89/8 Conflict of Interest: Lawyer-Official/Lawyer-Legislator Appearing Before Certain Agencies/Forums
#1988-89/6 Conflict of Interest: Representation of Separated Parties
#1988-89/5 Letterhead Listing - Affiliated Law Firms
#1988-89/3 Town Moderator Representation of Clients Before the Same Town Board
#1988-89/2 Letterhead Listing - Use of "Of Counsel" Designation by Inactive Bar Member
1988 Practical Ethics Articles
July 1988 Client Misconduct
Aug. 1988 Contingent Fee Agreements
1987-88 Ethics Opinions
#1987-88/17 Fees: Responsibility of Attorney to Participate in Fee Dispute Resolution Process
#1987-88/16 Guardian Ad Litem Fees in Divorce Proceedings Involving Non-Indigent Individuals
#1987-88/15 Contingent Fees in Property Division and Custody Disputes Between Unmarried Persons
#1987-88/13 Conflict of Interest: Municipal Prosecutor Representing Criminal Defendants in same District Court
#1987-88/9 Ethical Consideration in Attorney-Fiduciary Role (Dual Capacity; Conflict of Interest; Fees)
#1987-88/8 Collection of Fees: Submission of Client Name to Credit Bureau
#1987-88/7 Conflicts of Interest: Serving on and Appearing Before a Land Use Board
#1987-88/5 Conflicts of Interest: Service as a Member of an Adjudicating Board and Attorney Within the Same Governmental Department
#1987-88/3 Marital Mediation/Consultation by Retired Attorney
#1987-88/2 Dual 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. 1987 May Attorneys Reveal Client Confidences to Prevent Certain Criminal Acts?
Feb. 1987- 2 The Ethical Considerations in Office Sharing
Feb. 1987- 3 The Lawyer as Intermediary
March 1987 Retention of Client Files
May 1987 Law Firm Use of Outside Service Providers
June 1987 Lawyer Fee Agreements
Aug. 1987 Representing the Corporation
Nov. 1987 Conflict of Interest: Former Client
1986-87 Ethics Opinions
#1986-87/14a Advertising: Direct Mail/14a
#1986-87/11 Payment of Fees to Lawyer Referral Service
#1986-87/10 Part-Time/Of Counsel Working Agreements: Potential Conflicts
#1986-87/8 Client Files
#1986-87/7 Conflict of Interest - New Client and Former Client
#1986-87/4 Fees, Costs and Expenses Secured by Mortgage Instruments
#1986-87/3 Retention of Pro Bono/LRIS Records
#1986-87/2 Representing Both Parties in Marital Mediation
#1986-87/1 Retention of File Notes When Turning a File Over to Client or Subsequent Counsel
1986 Practical Ethics Articles
March 1986 Attorney Advertising: A Major Transition
April 1986 Attorneys' Liens
May 1986 Part-Time Judge Conflicts
July 1986 Delay, Frivolousness and Harassment
Aug. 1986 Client Solicitation
Aug. 1986-2 New Rules of Professional Conduct Raise Issues of Attorney Supervision, Use of Nonlaywer Personnel
Sept. 1986 New Rules Stress Attorney's Duty to Avoid Conflicts of Interest
Sept. 1986-2 Trial Publicity Under Rule 3.6 of the NH Rules of Professional Conduct
Sept. 1986-3 When a Law Firm Splits Up
1985-86 Ethics Opinions
#1985-86/9 Advertising: Self-Designation of Fields of Practice in a Lawyer Directory
#1985-86/7 Advertising: Signs/Letterhead
#1985-86/6 Candor Toward the Tribunal: Client Intent to Commit Perjury
#1985-86/5 Dissolution of Professional Association
#1985-86/4 Client Confidences: Obligation to Retain/Relinquish Documents
#1985-86/3 Insurance Counsel: Acceptance of a Referral From an Insurance Company
#1985-86/2 Advertising: Multiple Jurisdictions
#1985-86/1 Client Confidences: Obligation to Protect or Disclose
1984-85 Ethics Opinions
#1984-85/22 Payment of Assigned Counsel Fees by Former Indigent Criminal Defendant
#1984-85/19 Out-of-State Counsel: NH Practice/Fee Splitting
#1984-85/18 Municipal Representation Conflicts
#1984-85/17 Disposition of Stolen Property
#1984-85/16 Spouse Attorneys
#1984-85/15 INQUIRY - Attorneys Liens
#1984-85/14 Preservation of Client Confidences: Former Lawyer as Witness
#1984-85/12 Client Confidences: Obligation to Protect/Disclose (Probation Violation)
#1984-85/11 Disposition of Client Funds When Client Cannot Be Located
#1984-85/10 Municipal Representation Conflicts: County Attorney/City Councilor
#1984-85/9 Dual Professions: Attorney - Realtor
#1984-85/7 Contingency Fee: Extension of Fee Agreement to Medical Consulting Service
#1984-85/5 Attorney - Client Privilege
#1984-85/4 Taking Statements From an Opposing Party
#1984-85/3 Municipal Representation Conflicts: "Of Counsel" Conflict
#1984-85/2 Referrals to a Law School Clinic From a State Agency
#1984-85/1 Credit Cards: Use for Payment of Legal Fees

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