Ethics Committee Formal Opinion #1985/6-3

December 10, 1985


An attorney may accept payment of fees from defendant’s insurance company for the representation of parents in a minor’s settlement lawsuit if:

1.)  The clients consent after consultation;

2.)  There is no interference with the lawyer’s independence of professional judgment or with the client-lawyer relationship, and

3.)  Information relating to representation of a client is protected as required by Rule 1.6.  (Rule 1.8(6); DR5-107).


  1.         Is it proper for an attorney to accept compensation for professional services from the defendant’s insurer while representing the parents in a minor plaintiff’s suit requiring approval by New Hampshire courts (Settlement On Behalf of Minors under Superior Court Rule 111)?

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