Ethics Committee Advisory Opinion #1984/5-11

March 12, 1985


The disposition of the client funds is governed by New Hampshire statute.  Whether attorney’s fees and expenses can be withdrawn from the funds depends upon the terms of the fee agreement and whether there is a dispute or whether there is a reasonable likelihood of a dispute under that agreement.


  1. What is the proper disposition of client funds held by counsel when the whereabouts of the client are unknown?
  2. Can fees and expenses be withdrawn from the amount prior to the location of the client?

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