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
Ethics Committee Formal Opinion #1990-91/2 Donation of Legal Services for Charitable Fund Raising May 9, 1991 ANNOTATION: Any attorney seeking to donate professional services in lieu of money to a charitable organization (which services are to be then purchased at an auction by a donor to that organization), must insure that (1) such services are … Read more
Ethics Committee Formal Opinion #1990-91/3 Donation to IOLTA of Interest Accrued on Trust Account Prior to Joining IOLTA May 9, 1991 ANNOTATION: Rule 1.15 imposes a mandatory obligation on New Hampshire Attorneys to safeguard clients’ property and deliver such property to the clients unless another disposition is permitted by law or agreed to by the … Read more
Ethics Committee Formal Opinion #1990-91/4 Providing Legal Services on a Sliding Fee Scale Based Upon Client’s Income November 8, 1990 ANNOTATION: Rule 6.1 encourages a lawyer to discharge the duty to render public interest legal service by, among other means, providing professional services at no fee or a reduced fee to persons of limited means. … Read more
Ethics Committee Formal Opinion #1990-91/5 Fees: Fixed Fee for Insurance Defense Work January 28, 1991 ANNOTATION: A fixed fee with an insurance company is unlikely to be “clearly excessive.” (Rule 1.5). An insured’s consent to a lawyer’s fee agreement with an insurance company is not required or is implicitly given under the terms of the … Read more
Ethics Committee Formal Opinion #1990-91/8 Solicitation/Advertising February 19, 1991 ANNOTATION: A letter mailed generally to other attorneys advising them of the availability of the inquiring attorney for specific types of cases is permissible so long as: a) it complies with the requirements of Rule 7.1 concerning false or misleading statements; b) the lawyer retains a … Read more
Ethics Committee Formal Opinion #1990-91/9 Marital Mediation: Clarification re: Certification Requirement May 9, 1991 ANNOTATION: The Rule 1.6 potential for confidential communications given in the course of marital mediation not to be privileged is eliminated by RSA 328-C:9. RSA 328-C allows marital mediation services to be provided by a lawyer, without such services becoming representation … Read more
Ethics Committee Formal Opinion #1990-91/10 Trust Funds: Application of Retainer to Final Bill April 11, 1991 ANNOTATION: A lawyer may not hold a client’s retainer in the lawyer’s client trust account (non-interest bearing) unless such funds are “nominal in amount” or held for “a short period to time”, pursuant to Supreme Court Rule 50. (Rule … Read more