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Home1980 – 1989 Ethics Opinions

1980 – 1989 Ethics Opinions

Ethics Opinions 1983-84 to1980

1983-84 #1983-84/1 Formal Opinion Ethical Rules on Attorney Advertising #1983-84/2 Formal Opinion (BOG 9/20/83) Contingent Fee in Support...

August 13, 2021
#1984/5-1 Credit Cards: Use for Payment of Legal Fees

A credit card may be used for the payment of legal fees and a lawyer may enter into the standard “Merchant Agreement” with the credit...

August 11, 2021
#1984/5-2 Referrals to a Law School Clinic from a State Agency

The Appellate Division of the State Department of Employment Security has included in its mailing to pro se appellants a notice of the...

August 11, 2021
#1984/5-3 Municipal Representation Conflicts; “Of Counsel” Conflict

An attorney may not act as town counsel when the firm with which the attorney is associated represents clients in pending matters against that...

August 11, 2021
#1984/5-4 Taking Statements From An Opposing Party

During the course of representation of a client, a lawyer shall not communicate or cause another to communicate on the subject of the...

August 11, 2021
#1984/5-7 Contingency Fee; Extension of Fee Agreement to Medical Consulting Service

An attorney may recommend that client enter into a separate contingency fee agreement with a medical consulting firm which offers technical...

August 11, 2021
#1984/5-9 Dual Professions: Attorney-Realtor

A lawyer who is admitted to practice in New Hampshire, but who maintains an office and practices primarily in Boston, has formed a New Hampshire...

August 11, 2021
#1984/5-10 Municipal Representation Conflicts: County Attorney/City Councilor

Does the concurrent occupancy of the office of County Attorney and the office of City Councilor in a city in the same county violate the Code of...

August 11, 2021
#1984/5-11 Disposition of Client Funds When Client Cannot Be Located

The disposition of the client funds is governed by New Hampshire statute. Whether attorney’s fees and expenses can be withdrawn from the...

August 11, 2021
#1984/5-12 Client Confidences: Obligation to Protect/Disclose (Probation Violation)

    An attorney is under no duty to inform the authorities of a past probation violation by a client, and in fact is prohibited from doing so...

August 11, 2021
#1984/5-14 Preservation of Client Confidences: Former Lawyer as Witness

The inquiring attorney appeared on behalf of an accused in a New Hampshire district court in 1979. The charge was driving while intoxicated (DWI)...

August 11, 2021
Inquiry #1984/5-15 ATTORNEYS’ LIENS

Historically, there have been two types of liens which an attorney was entitled to impose on his or her client’s property. The first is the...

August 6, 2021
#1984/5-16 Spouse Attorneys

An attorney is not per se precluded from representing clients before a district court because their spouse, who is also an attorney, is...

August 6, 2021
#1984/5-17 Disposition of Stolen Property

An attorney who has received stolen property from his client is obliged to return the property to the authorities, while at the same time...

August 6, 2021
#1984/5-18 Municipal Representation Conflicts

Fee division between New Hampshire attorney and out-of-state attorney must be in proportion to the services performed and responsibility assumed...

August 6, 2021
#1984/5-19 Out-of-State Counsel: New Hampshire Practice/Fee Splitting

Fee division between New Hampshire attorney and out-of-state attorney must be in proportion to the services performed and responsibility assumed...

August 6, 2021
#1984/5-22 Payment of Assigned Counsel Fees by Former Indigent Criminal Defendant

An attorney who receives payment for services rendered as court-appointed indigent defense counsel from the State cannot accept additional payment...

August 6, 2021
#1985/6-1 Client Confidences: Obligation to Protect or Disclose

An attorney representing an indigent client who learns that the client in completing an indigency affidavit failed to disclose an insurance...

August 5, 2021
#1985/6-3 Insurance Counsel: Acceptance of a Referral from an Insurance Company

A duty of confidentiality continues after the attorney-client relationship ends, so that a third party may not have access to a client’s...

August 5, 2021
#1985/6-4 Client Confidences: Obligation to Retain/Relinquish Documents

A duty of confidentiality continues after the attorney-client relationship ends, so that a third party may not have access to a client’s...

August 5, 2021
#1985/6-5 Dissolution of a Professional Association

Dual employment by an attorney as a salaried associate with one firm and “of counsel” with another law firm is permissible.
A...

August 5, 2021
#1985/6-6 Candor Toward the Tribunal: Client Intent to Commit Perjury

An attorney shall not knowingly permit a client to falsely testify in a trial. An attorney shall not knowingly offer evidence at trial that the...

August 5, 2021
#1985/6-7 Advertising: Signs/Letterhead

A law firm’s sign, including names of lawyers who are not admitted to practice in this state, is improper because it is misleading in that...

August 5, 2021
#1985/6-9 Advertising: Self-Designation of Fields of Practice in a Lawyer Directory

A lawyer’s advertisement in a lawyer-paid law directory should not state or imply that the lawyer is a specialist in a particular field of...

August 5, 2021
#1986/7-1 Retention of File Notes When Turning a File Over to Client or Subsequent Counsel

While an attorney-client agreement may provide for the retention of certain parts of an attorneys file (upon termination of representing that...

August 4, 2021
#1986/7-2 Representing Both Parties in Marital Mediation

An attorney rendering mediation service to both parties in a divorce, will probably be violating both Rule 1.7 (conflict of interests and...

August 4, 2021
#1986/7-3 Retention of Pro Bono/LRIS Records

There are no set limits for preserving client’s files, although care should be taken not to prematurely destroy client files and...

August 4, 2021
#1986/7-4 Fees, Costs and Expenses Secured by Mortgage Instruments

Even after termination of an old client, a lawyer has a continuing duty to avoid representing a new client in situations that would risk a breach...

August 4, 2021
#1986/7-7 Conflict of Interest – New Client and Former Client

Even after termination of an old client, a lawyer has a continuing duty to avoid representing a new client in situations that would risk a breach...

August 4, 2021
#1986/7-8 Client Files

In destroying original client files, and microfilming same, a law firm must return original documents to the client, and exercise care to preserve...

August 4, 2021
#1986/7-10 Part-Time/Of Counsel Working Agreements: Potential Conflicts

A lawyer may be employed by, and appear on, the letterhead as an associate of one attorney and as “of counsel” of another attorney...

August 4, 2021
#1986/7-11 Payment of Fees to Lawyer Referral Service

It is unclear under the present Rules whether the New Hampshire Bar Association’s Lawyer Referral and Information Service may base its...

August 4, 2021
#1986/7-14(a) Advertising: Direct Mail

Pamphlets with attorney advertising distributed free to the public generally at public places would not be solicitation under Rule 7.3(c). (Rule...

August 4, 2021
#1987/8-1 Conflict of Interest: Appearance Before a Governmental Board by a Temporary Board Member

A lawyer may not appear before a governmental board on behalf of a client during the period of his or her temporary appointment to that board...

July 30, 2021
#1987/8-3 Marital Mediation/Consultation by Retired Attorney

An attorney may not properly render services in a divorce mediation service.  (Rules 1.7; 1.8)
Separate law office and divorce consultation...

July 30, 2021
#1987/8-5 Conflicts of Interest: Service As a Member of an Adjudicating Board and Attorney Within the Same Governmental Department

A lawyer must adhere closely to the restrictions of Rule 1.11(b) and (c) relating to successive government and private employment, when employed...

July 30, 2021
#1987/8-7 Conflicts of Interest: Serving on and Appearing Before a Land Use Board

A lawyer, also an alternate member of a zoning board of adjustment, may not appear before that same board, but may represent clients before other...

July 30, 2021
#1987/8-8 Collection of Fees: Submission of Client Name to Credit Bureau

A lawyer may not report a client to a credit bureau as a delinquent account, as a lawyer (1) shall not reveal information relating to the...

July 30, 2021
#1987/8-9 Ethical Considerations in Attorney-Fiduciary Role (Dual Capacity; Conflict of Interest; Fees)

While nonrefundable fee retainers are normally permissible in N.H., they are still subject to reasonableness mandated by Rule 1.5, and are an...

July 30, 2021
#1987/8-13 Conflict of Interest: Municipal Prosecutor Representing Criminal Defendants in Same District Court

A lawyer may not serve as a part-time municipal prosecutor and as criminal defense counsel in the same district court in that the potential for...

July 30, 2021
#1987/8-15 Contingent Fees in Property Divisions and Custody Disputes Between Unmarried Persons

While nonrefundable fee retainers are normally permissible in N.H., they are still subject to reasonableness mandated by Rule 1.5, and are an...

July 30, 2021
#1987/8-16 Guardian Ad Litem Fees in Divorce Proceedings Involving Non-indigent Individuals

While nonrefundable fee retainers are normally permissible in N.H., they are still subject to reasonableness mandated by Rule 1.5, and are an...

July 30, 2021
#1987/8-17 Fees: Responsibility of Attorney to Participate in Fee Dispute Resolution Process

The ABA Model Code Comments were not adopted or approved by the NH Supreme Court and are therefore only aspirational, and the suggestion that the...

July 30, 2021
#1988/9-2 Letterhead Listing – Use of “Of Counsel” Designation by Inactive Bar Member

Ethics Committee Formal Opinion #1988/9-2 Letterhead Listing – Use of “Of Counsel” Designation by Inactive Bar Member December...

April 15, 2021
#1988/9-3 Town Moderator Representation of Clients Before the Same Town Board

Ethics Committee Formal Opinion #1988/9-3 Letterhead Listing – Affiliated Law Firms February 9, 1989 ANNOTATIONS: There is no outright...

April 15, 2021
#1988/9-5 Letterhead Listing – Affiliated Law Firms

Ethics Committee Formal Opinion #1988/9-5 Letterhead Listing – Affiliated Law Firms February 9, 1989 ANNOTATIONS: Two or more lawyers, each...

April 15, 2021
#1988/9-6 Conflict of Interest: Representation of Separated Parties

Ethics Committee Formal Opinion #1988/9-6 Conflict of Interest: Representation of Separated Parties November 10, 1988 ANNOTATIONS: A conflict of...

April 15, 2021
#1988/9-8 Conflict of Interest: Lawyer-Official/ Lawyer-Legislator Appearing Before Certain Agencies/Forums

Ethics Committee Formal Opinion #1988/9-8 Conflict of Interest:  Lawyer-Official/Lawyer-Legislator Appearing Before Certain Agencies/Forums...

April 15, 2021
#1988/9-9 Fees: Arrangement Which Effectively Passes Costs on to a Third Party

Ethics Committee Advisory Opinion #1988/9-9 Fees:  Arrangement Which Effectively Passes Costs on to a Third Party December 8, 1988 ANNOTATIONS: A...

April 15, 2021
#1988/9-11 Conflict of Interest: Representation of Police Prosecutor

Ethics Committee Informal Opinion #1988/9-11 Conflict of Interest:  Representation of Police Prosecutor March 9, 1989 ANNOTATIONS: A Lawyer and...

April 15, 2021
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 many ethics opinions, practical ethics articles, and ethics corner articles issued by the NHBA Ethics Committee) have been published under the prior version of the Rules of Professional Conduct or predecessor rules. Read more.

General Ethics Guidance

Brief Bar News articles by the Ethics Committee examine frequently asked questions on ethics. View Ethics Corner and Practical Ethics articles.

How to Obtain Answers
Can’t Find an NHBA Ethics Opinion on Point?

The Ethics Committee provides several services for members of the Bar. New Hampshire lawyers may contact the Committee for confidential and informal guidance on their own prospective conduct or suggest topics for 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 staff liaison to the Ethics Committee Robin E. Knippers, 603-715-3259. Learn more.

NH Rules of Professional Conduct

The Rules of Professional Conduct constitute the disciplinary standard for New Hampshire lawyers. Together with law and other regulations governing lawyers, the Rules establish the boundaries of permissible and impermissible lawyer conduct. View the rules.

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