Ethics Committee Formal Opinion #1992‑93/13 Representing a State Agency June 9, 1993 ANNOTATION: A lawyer, having previously represented a governmental agency can generally not represent a private client in a matter (involving a specific party or parties) in which the lawyer participated personally and substantially. (Rule 1.11(a); Rule 1.11(d)(1) Even if the lawyer had not … Read more
Ethics Committee Formal Opinion #1993-94/2 Lawyer‑Official: “General Counsel” to Real Estate Development Partnership Serving as Member of Municipal Governing Body. November 10, 1993 ANNOTATION: An attorney serving, in effect, as general counsel to a real estate development partnership and frequently utilizing legal skills in the representation of the partnership before local land use boards and … Read more
Ethics Committee Formal Opinion #1993-94/4 Practicing Attorney/Marital Mediator Association in Business with Non-Attorney Representation of Mediation Couple December 8, 1993 ANNOTATION: RSA 328-C allows an attorney to provide, alone or together with a non-lawyer, marital mediation services without such services becoming legal representation of either party leading to a conflict of interest. ( Rule 1.7). … Read more
Ethics Committee Formal Opinion #1993-94/7 Candor to Tribunal: Use of Questionable Evidence in Criminal Defense January 27, 1994 ANNOTATION: A Lawyer must not offer evidence to a tribunal that the lawyer knows to be false. (Rule 3.3(a)(3)). A lawyer may refuse to offer evidence that the lawyer reasonably believes is false. (Rule 3.3(c)). If a … Read more
Ethics Committee Formal Opinion #1993-94/8 Attorney Providing Court Coverage June 23, 1994 ANNOTATION: An attorney that provides temporary court “coverage” for another attorney’s client must comply with all of the many applicable rules relating to representation of that client, and cannot do so without, at a minimum, the primary attorney first obtaining the client’s consent … Read more
Ethics Committee Formal Opinion #1993-94/15 Communication With Person Represented By Counsel Communication With Insurance Representative Without Consent Of Defense Counsel July 21, 1993 ANNOTATION: Rule 4.2 does not prohibit direct communication by counsel with an insurance company representative where insurance defense counsel is retained to represent the insured and does not represent the insurance company; … Read more
Ethics Committee Formal Opinion #1993-94/16 Fee Sharing: Association Staff Attorney Representing Association Members for Fees Paid in Trust November 17, 1994 ANNOTATION: The staff lawyer of a non-profit association may render legal services to members of that association provided that the client consents to payment from a trust set up by the association, neither the … Read more
Ethics Committee Formal Opinion #1993-94/17 Conflict of Interest/Attorney serving as Mediator in District Court ADR Program/Firm Member Serving as District Court Special Justice November 17, 1994 ANNOTATION: An attorney may appear as an advocate in the same district court where the attorney is a volunteer mediator in an alternative dispute resolution program, only if the … Read more
Ethics Committee Formal Opinion #1993-94/18 Confidentiality and Conflict of Interest: Use of LAWCARD to Finance Legal Fees November 17, 1994 ANNOTATION: An attorney may not participate in a credit program to finance legal fees where the attorney must represent and warrant to the lender that the attorney knows of no facts about the client/borrower that … Read more
Advisory Opinion #1993-94/22 Conflict of Interest: Multiple Representation in Personal Injury Cases November 17, 1994 ANNOTATION: QUESTIONS: Under what circumstances may an attorney represent multiple family members in personal injury litigation where one of the family members was the driver and one or more additional members of the family were passengers in the same motor … Read more