Ethics Committee Advisory Opinion #1986/7-2

October 14, 1986


An attorney rendering mediation service to both parties in a divorce, will probably be violating both Rule 1.7 (conflict of interests and representation adverse to another client) as well as Rule 2.2 (outlining situations whereby attorney can properly act as an intermediary between clients).  (Rules 1.7; Rule 2.2)


The Ethics Committee issued a formal opinion dated October 11, 1983, discussing the ethical aspects of attorneys rendering services in a divorce mediation program.  The opinion of the committee as set forth therein was based on the New Hampshire Code of Professional Responsibility in effect at that time.  Do the present Rules of Professional Conduct adopted January 16, 1986, mandate a different result?

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