Updated Guidance on Disclosure of Information in Motions to Withdraw

Q:  I read the Ethics Corners published by the Ethics Committee in 2021 related to motions to withdraw. Is there updated guidance on the information I can disclose when filing such a motion? A:        On December 3, 2025, the American Bar Association Standing Committee on Ethics and Professional Responsibility published a formal opinion on the … Read more

Ethics of Prosecuting Pro Se Defendants

Ethics Corner Dear Ethics Committee: I am a prosecutor who currently has a case pending against a pro se defendant. What ethics rules and considerations should I be aware of? Prosecuting pro se defendants is a significantly more difficult ethical experience under the Rules of Professional Conduct than prosecuting defendants represented by counsel. In these … Read more

List of All NHBA Ethics Opinions and Articles with Hyperlinks

Updated Guidance on Disclosure of Information in Motions to Withdraw May 28, 2026 Material Adverse Effect Under Rule 1.16(b)(1) May 28, 2026 Ethics of Prosecuting Pro Se Defendants Dec 15, 2025 #2025-26/01 False Testimony by a Non-Client Witness Ethical Considerations with Motions to Enforce Settlement Agreements Oct. 8, 2025 Understanding Generative Artificial Intelligence and The … Read more

#2025-26/01 False Testimony by a Non-Client Witness

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

Ethical Considerations with Motions to Enforce Settlement Agreements

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

Understanding Generative Artificial Intelligence and The Potential for Discrimination and Bias

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 of Drafting Documents with Artificial Intelligence

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 of Using Artificial Intelligence in Practice

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