Buying Silence: “Non-Cooperation” Clauses in Settlement Agreements

Ethics Corner Article Dear Ethics Committee: I represent the defendant in a sexual harassment lawsuit. We are close to a settlement, but my client has asked to include a clause in the settlement agreement that prevents the plaintiff from providing information and assistance to a plaintiff in a nearly identical lawsuit that was recently filed … Read more

#2022-23/02 Public Prosecutors and Referral Fees

ABSTRACT: 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. ANNOTATIONS: A referral fee agreement benefitting a prosecutor creates a significant risk of a concurrent conflict of interest arising from the prosecutor’s personal interests … Read more

Ethics Opinions 1970-1979

1970-75 No #2 Informal Opinion (dated 7/3/70) NH Lawyer also be a Licensed Real Estate Broker in NH No#2 Advisory Opinion (dated 7/30/70) Attorney Practicing as a Real Estate Broker No# Informal Opinion (dated 10/73) Solicitation of Existing Clients Regarding Estate Planning No#  Informal Opinion (dated 10/31/74) Representing Competing Interests in Estate No# Advisory Opinion … Read more

#2022-23/01 Ancillary Businesses Under Rule 5.7

ABSTRACT: In 2007, New Hampshire adopted NHRPC Rule 5.7, which applies to the provision of services that might reasonably be performed in conjunction with, and in substance are related to, the provision of legal services and that are not prohibited as unauthorized practice of law when provided by a nonlawyer.  Prior to the adoption of … Read more

#2021-22/02 Crowdfunding Legal Fees New

ABSTRACT: Representing a client in a matter funded in whole or in part through donation-based crowdfunding is not unethical per se. Lawyers are encouraged to exercise substantial caution when undertaking a crowdfunded matter, however, as ethical concerns abound and increase as an attorney’s involvement with the fundraising increases. ANNOTATIONS: Lawyers contemplating undertaking a crowdfunded matter … Read more

Withdrawal Obligations with Respect to Client Lies or Fraud – Part 3

Ethics Corner Article Dear Ethics Committee: I recently learned it is very likely my client probably provided the court false and misleading information that is material to the dispute. What are my obligations with respect to these issues? Assuming the matter has been concluded, do I have a duty to correct the record? What are … Read more

Withdrawing from Representation – Rule 1:16 Non-Payment and Failure to Communicate – Part 1

Ethics Corner Article Dear Ethics Committee: One of my clients paid me a retainer and we filed suit on his behalf. The retainer is now exhausted, and the client has not paid my invoice for several months. The client has also not responded to my emails, phone calls, or letters for several months. Can I … Read more