A New Hampshire public prosecutor may not enter into a referral fee agreement with an active New Hampshire lawyer for matters that arose from the prosecutor’s work as a prosecutor.
A referral fee agreement benefitting a prosecutor creates a significant risk of a concurrent conflict of interest arising from the prosecutor’s personal interests in the potential referral fee. This personal interest materially limits the prosecutor’s ability to make fair and impartial decisions regarding the disposition of the matter that is connected to the referral fee agreement. It may also violate a number of statutes regulating gifts and compensation paid to public officials and public servants.
By the NHBA Ethics Committee
This opinion was submitted for publication to the NHBA Board of Governors at its Thursday, March 23, 2023.