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

Preparing a Third Party Witness

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

#2023-24/01 The Sale of a Firm or Practice Area by a Non-Retiring Attorney

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 of Using Outside Vendors and Contractors

Ethics Corner Article Dear Ethics Committee: I utilize accountants and IT providers in my firm. Accountants help manage firm finances and ensure IOLTA compliance, and IT providers help maintain our computer and communication systems. To perform their work, these consultants have access to confidential and privileged client information. Are any ethics rules implicated by my … Read more

Paying with Crypto Currency

Ethics Corner Article Dear Ethics Committee: I recently completed some work for a client and sent my client my final invoice.  The client wants to pay that invoice using cryptocurrency.  Is that permissible? Answer: Yes, but accepting payment from the client in the form of cryptocurrencies is not the same as being paid in “real” … Read more

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