ABSTRACT When a lawyer knows that a non-client witness has testified falsely, the lawyer had a duty to take reasonable remedial measures notwithstanding the duty of confidentiality. If the lawyer learns of the falsity after the conclusion of the testimony but before the proceeding is concluded, and if the testimony was material, then the lawyer … Read more
Question: I represent a plaintiff in a case where we successfully mediated a very contentious employment discrimination case. At least I thought we had successfully mediated the case. Now, my client refuses to agree to some of the terms, mainly related to confidentiality and non-disparagement, which I thought were covered at the mediation. We have … Read more
Dear Ethics Committee, I am considering using artificial intelligence (AI) tools, such as ChatGPT, in my law practice. However, despite how ubiquitous AI seems lately, I am not sure I understand how it works. I have heard using AI may be problematic for a number of reasons. I heard recently that AI tools may be … Read more
Ethics Corner Article Dear Ethics Committee: Can I use generative artificial intelligence (AI) in my practice to assist with drafting documents? In particular, can I use generative AI programs, like ChatGPT, to prepare correspondence, pleadings, memoranda, e-mails, etc.? Are there other ethical considerations that apply to the current state of generative AI, when it comes … Read more
Ethics Corner Article Dear Ethics Committee, As a general practice New Hampshire lawyer, what ethical obligation(s) do I have to employ Artificial Intelligence (“AI”) in my day-to-day practice? Currently, the benefits and risks associated with AI have caused discussion regarding its use in all industries, including the legal profession. In a March 20, 2023 publication … Read more
Ethics Corner Article Dear Ethics Committee: I am in the middle of my first trial. During his cross-examination, my client made a statement of fact that I know to be incorrect. Do I have an obligation to correct the misstatement, or do other duties restrain me? This is the second article in a series about … Read more
ABSTRACT: A New Hampshire attorney who is a Partner in their firm cannot sell their practice or firm to an Associate if they are not retiring from the practice of the law in the State of New Hampshire. ANNOTATIONS: A New Hampshire attorney who is a Partner at their firm cannot “switch roles” with an … Read more
Ethics Corner Article Dear Ethics Committee: I am a new lawyer preparing my client to testify. This is my first experience preparing a witness to testify under oath. What general ethical principles do I need to keep in mind as I do so? This is the first in a series of articles on topics related … Read more
Ethics Corner Article Dear Ethics Committee: I have a pre-planned and scheduled medical procedure that will require an extended hospital and rehabilitation stay to recuperate. I will have to be away from my office and unavailable to my clients for a period of time. What do I need to think about before I leave to … Read more