LOOK ON THE Bar's Web site and you will find the text for 141 ethics opinions and information on 47 Practical Ethics articles dating back to the mid-1980s. But the publications of the Ethics Committee reflect only part of the work that the committee does, according to former chair Rolf Goodwin and his successor, PSNH counsel Linda T. Landis.

Committee members field dozens of inquiries each year from attorneys who face difficult issues and are seeking guidance. "A lot of the committee's work is done this way, over the phone. It goes beyond providing a resource about what the Rules of Professional Conduct say. It's also informal mentoring, particularly for those attorneys in small or solo firms who need someone to turn to," said Goodwin, who practices with the McLane, Graf, Raulerson & Middleton law firm and has been a member of the committee for 14 years.

Landis, a six-year member of the committee, has been appointed chair this year. Given the impressive breadth, depth and activism of committee membership, Landis sees her role as that of a "facilitator - making sure the work gets done."

Meanwhile, at any time committee members may be working on drafts of formal opinions and "Practical Ethics" articles, both of which originate from lawyer inquiries.

Although some Bar members may become impatient at having to wait several months for an answer to their inquiry, Landis said it takes time to research and draft opinions on issues that are inherently difficult. And the draft of an opinion is then subject to a critique that can be an especially challenging process - as committee members from a variety of perspectives and backgrounds raise questions and explore the issues the opinion raises.

"There is often quite a lot of debate at the meetings," said Landis. "People are open-minded and will listen to the arguments and reevaluate their own positions during the course of meetings."

As Goodwin says, the issues are rarely clear-cut, and consequently, the committee's collective stance isn't either. Goodwin points out that the committee's role isn't to render a judgment, but to illuminate and provide guidance. "Our work product isn't binding. We can't say this is the answer. Increasingly, our role is to raise awareness, consciousness that something is an issue lawyers need to think about."

In recent years, the committee has tended to produce "Practical Ethics" articles rather than opinions. Both carry the same weight and receive the same consideration. "Ethics opinions tend to be very specific, related to an inquiry and a narrow issue," Goodwin explained. "Practical Ethics articles are intended to look at a broader spectrum of applications of a particular rule." For example, last spring the committee issued 2000-01/05, an opinion dealing with fee-disclosure issues to third-party auditors in insurance defense cases. This summer the committee published a Practical Ethics Article, "To Disclose or Not Disclose: Disclosure of Billing Statements to Non-Clients" . The article, also a collective product of the committee, widens the scope of discussion to other representation situations, such as court-appointed criminal defense and guardian ad litem work, and contingency-fee and probate cases, where some reporting of fees is required.

Surprisingly, Goodwin said it is not the debate over any one issue that provided the greatest challenge during his four-year tenure as chair. Instead, it was attempting to increase diversity on the committee. "Our goal is to balance the membership on the committee, with a core of those longtime members with expertise in these issues balanced by members bringing perspectives from a variety of backgrounds, practice settings and parts of the state." However, it is difficult to find members - especially those from less populous counties or from small practices - who can devote the time to serve on the committee, which requires attendance at its meetings (approximately 10 times each year.) "Attendance at the meetings is crucial: Although the drafting of opinions and articles is important, the discussion of the drafts at meetings really shapes the final product," Goodwin said.

Landis said this year's committee has four new members, but the committee is always interested in hearing from Bar members who might be interested in serving in the future. Contact committee liaison Marilyn Barbetta at mbarbetta@nhbar.org.

In the next couple of years, Goodwin will undertake a special project for the committee: overseeing the development of a process for soliciting comment and proposing changes to the Rules of Professional Conduct. (See related article, Process Underway to Solicit Comments on Conduct Code.)

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