Ethics Committee Formal Opinion #1988/9-26 Contingency Fee Agreements in Workers’ Compensation Cases October 12, 1989 ANNOTATIONS: An attorney may enter into a fee agreement with a client whereby the lawyer would receive a percentage of any recovery, or if no recovery, on an hourly rate. The fee cannot be clearly excessive or illegal. (Rule 1.5) … Read more
Ethics Committee Formal Opinion #1989-90/1 Attorney’s Representation of Community Land Trusts November 9, 1989 ANNOTATIONS: In a setting involving a community land trust and a tenant cooperative, an attorney cannot undertake representation of one which could be materially limited by the lawyer’s responsibilities to another or to a third person unless the lawyer reasonably believes … Read more
Ethics Committee Formal Opinion #1989-90/2 Confidentiality: Off-Site Storage of Closed Client Files November 9, 1989 ANNOTATIONS The duty to preserve client confidence continues even after a file is closed, and the client-attorney relationship has ended. (Rule 1.6; Rule 5.3) An Attorney may use outside, off-site storage retrieval services to store and maintain closed client files, … Read more
Ethics Committee Advisory Opinion #1989-90/4 Letterhead Listing: Elected Public Official/Firm Member January 11, 1990 ANNOTATIONS Any communication contained in an attorney’s letterhead must not be misleading to the public. (Rule 7.1; 7.5(a)) The inclusion of the name of a lawyer who has been appointed or elected to a high public office, in the firm name, … Read more
Ethics Committee Formal Opinion #1989-90/9 Employee Leasing – Law Firm Partners July 25, 1990 ANNOTATIONS A law firm may lease some or all of its lawyers from an employee leasing company so long as the following conditions are met: (i) the existence of the leasing arrangement and, where necessary or appropriate, of its pertinent terms … Read more
Ethics Committee Advisory Opinion #1989-90/11 Attorney/Realtor Related Questions March 8, 1990 ANNOTATIONS The Committee was unable to determine whether a lawyer may participate in a bar-sponsored lawyer referral service when the service imposes on the lawyer a charge based on a percentage of the fee the lawyer earns. A division of fees between lawyers who … Read more
Ethics Committee Formal Opinion #1989-90/12 Attorney/Realtor Related Questions March 8, 1990 ANNOTATIONS A member of the Bar who is non-practicing, whether on active or inactive status, and is engaged full-time and exclusively in the real estate business is not exposed to the ethical pitfalls set out in the NH Op 1987-8/2, entitled “Dual Practice: Attorney … Read more
Ethics Committee Formal Opinion #1989-90/15 Marital Mediation: Representing Both Parties July 25, 1990 ANNOTATIONS A member of the bar may serve as a marital mediator so long as the attorney complies with those provisions of the rules of professional conduct that apply at all times to attorneys in any capacity. (Rule 1.7; Rule 2.2) An … Read more
Ethics Committee Formal Opinion #1989-90/17 Conflicts of Interest/Multiple Representation of Parties in Commercial Litigation August 25, 1990 ANNOTATIONS A lawyer shall not represent a client if the representation will be directly adverse to another client, unless the client relationship will not be adversely affected, and each client consents after consultation and with knowledge of the … Read more
Ethics Committee Advisory Opinion #1990-91/1 Conflict of Interest: Representing Position Adverse to Former Client November 8, 1990 ANNOTATION: A government attorney cannot represent the client in a support modification hearing if the government attorney previously represented the opposing party in the original action establishing the support order. (Rule 1.6(a); Rule 1.7(a); Rule 1.9(a)). A lawyer … Read more