Ethics Committee Formal Opinion #1992‑93/7
Fairness to Opposing Party and Counsel Before The Worker’s Compensation Appeals Board
February 19, 1993
ANNOTATION:
An attorney representing an insurance company may appear before a Worker’s Compensation Appeals Board where the Board’s “pro‑insurance” member is an employee of another client of the attorney. (Rule 1.7)
An attorney representing an insurance company need not notify the opposing party that the Board’s “pro‑insurance” members is an employee of another client of the attorney. (Rule 3.4(c))
QUESTION:
Do the New Hampshire Rules of Professional Conduct prohibit an attorney from appearing, on behalf of an insurance company, before a Worker’s Compensation Appeals Board which contains, as a participating member, an employee of the insurance company with whom the attorney has an attorney‑client relationship?