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

Identifying the Client in Estate Planning Matters

Ethics Corner Article Dear Ethics Committee: I am an estate planning attorney. Last year three adult children came to my office. They reported their father’s health was failing and they wanted to discuss options for his estate planning. We discussed their father’s assets, the benefits of establishing a trust for his assets, as well as … 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

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