Ethics Committee: How to Obtain Answers
The Ethics Committee studies questions of lawyer ethics and publishes its opinions in the Bar News, on the NH Bar Website and on the NH Bar Social Media Outlets. The Committee has developed and will continually update an index of these opinions. The Ethics Committee also contributes a periodic column to Bar News entitled “Ethics Corner” containing helpful advice and practical information on common ethical dilemmas that are also published on the NH Bar Website and on the NH Bar Social Media Outlets. The Ethics Committee may also make recommendations to the NHBA Board of Governors regarding appropriate amendments to or clarifications of the NH Rules of Professional Conduct. The Committee meets the second Wednesday of each month.
Note: The Ethics Committee should not be confused with the N.H. Supreme Court Attorney Discipline Office (ADO) or the Professional Conduct Committee (PCC).
The Ethics Committee provides several services for members of the Bar.
- Opinions – on complex or difficult questions of general interest.
- Ethics Corner Articles – on simpler issues of general interest.
What should I do before seeking help from the Ethics Committee?
- Review the New Hampshire Rules of Professional Conduct.
- Peruse the Bar website for relevant Ethics Opinions and articles.
What should I do if these resources do not solve my problem?
Contact the staff liaison to the Ethics Committee, 603-715-3259, or mail
NH Bar Association
2 Pillsbury Street, Suite 300
Concord, NH 03301-3502.
Is my issue appropriate for an opinion from the committee?
- The committee will accept for consideration written inquiries by members of the Bar.
- The committee will not render opinions pertaining to conduct which is an issue of pending litigation or disciplinary action.
- The committee will not render opinions involving past conduct.
- The committee may decline to render an opinion as to the proposed conduct of someone other than the inquirer.
What is the process for obtaining an opinion?
Requests for action by the full committee must be submitted in writing. A response can take two to three months, sometimes more, depending on the complexity of the issues involved. The committee member assigned to draft an opinion may contact you for more information.
The full committee will consider the draft, and any redrafts that may be necessary, at its monthly meetings. If the committee agrees on a final opinion or Article, it will be presented to the Board of Governors. After review by the Board of Governors, you will be sent a letter with a copy of the opinion responding to the inquiry. The Opinion will also be published in the Bar News, on the NH Bar website and on NH Bar Social Media Outlets.
May I request that my identity as the inquiring attorney be kept confidential?
The procedural rules of the Ethics Committee specifically prohibit the voluntary disclosure of the identity of a member of the Bar requesting an opinion on his or her own behalf to any person other than the current members of the committee and the Bar staff members assigned to the committee, unless otherwise ordered by compulsory legal process. However, the Ethics Committee is not subject to confidentiality other than its procedural rules, and disclosure of sensitive information should be carefully considered.
Will my conversations with the committee member be “confidential”?
Since there is no attorney-client relationship between you and the committee member, there is no confidentiality or privilege with respect to such communications in the legal sense. As with opinion inquiries, however, the committee will limit the voluntary disclosure of the identity of the inquiring attorney, and of all discussions, deliberations, files and records of the committee, to the extent that they may disclose the identity of the inquiring attorney, to members of the committee and Bar staff assigned to the committee, unless otherwise ordered by compulsory legal process or unless the inquiring attorney waives these protections in writing. If you have reason for greater restriction on disclosure, let your assigned member know, you may also want to consider obtaining counsel or legal representation where confidentiality may be preserved.
What if this doesn’t help?
The member may conclude that your issue is too difficult or complex for informal assistance and may recommend that you consult with a New Hampshire attorney who handles these issues. When you are in need of counsel, you may contact the Bar Association’s Lawyer Referral Service for confidential courtesy referrals for Attorney Discipline Defense issues. Referrals may be requested anonymously if preferred.
