NH Ethics Committee

#2008-09/01 Drafting Lawyer Acting as Fiduciary for Client

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When drafting various estate planning documents, New Hampshire attorneys are frequently requested by their clients to act in one or more fiduciary roles. The drafting attorney may, at the request of the client, be inserted as a fiduciary in the document or documents being drafted by that attorney, provided that: (1) there has been adequate disclosure of information to the client, as required under Rule 1.4; and (2) the attorney makes a determination as to whether the personal interest of the attorney in being a fiduciary would require compliance with Rule 1.7(b) and that the attorney may continue to exercise independent professional judgment in recommending to the client the best choices for fiduciaries under Rule 2.1. In order to document compliance with these Rules, it would be the best practice for the attorney to confirm in writing the “informed consent” of the client to the selection of the drafting attorney as the named fiduciary.

It is ethically impermissible for an attorney to name that attorney, by default, or require the client to appoint the attorney as a fiduciary, in a document drafted by that attorney.

In the event the drafting attorney actively advertises and solicits clients to consider using the attorney as a nominated fiduciary in documents drafted by the attorney, the relationship that results from such advertisement and solicitation may constitute a “business transaction with the client” and thereby requires compliance with the more stringent Rule 1.8(a).

#2006-07/02 Identification of Inactive Bar Membership Status

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Ethics Committee Advisory Opinion #2006-07/02 By the NHBA Ethics Committee October 2006 ABSTRACT: An attorney who is admitted to practice law in New Hampshire should consider New Hampshire Rule of Professional Conduct 7.1 before identifying the lawyer on firm letterhead as admitted to the New Hampshire Bar but on inactive status. ANNOTATIONS: An attorney who … Read more

Closing a Solo Practice in New Hampshire

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Practical Ethics Article By the NHBA Ethics Committee Presented to the Board of Governors May 17, 2007 If you are a solo practitioner contemplating closing your practice, consider four pieces of advice. First, consider alternatives to closing your practice. Your clients and your purse may be better served by these alternatives to simply closing your … Read more

#2005-06/06 Ethics Regarding Business Networking

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Ethics Committee Advisory Opinion #2005-06/06 By the NHBA Ethics Committee October 2006 ABSTRACT: The participation by a lawyer in a networking organization whose members are required to engage in exclusive or quid pro quo referrals with other members (e.g., distributing the lawyer’s business cards or other literature to non-members with whom the lawyer likely has … Read more

#2005-06/04 Attorney Acting as Town Manager and Town Counsel

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Ethics Committee Advisory Opinion #2005-06/04 By the NHBA Ethics Committee This opinion was submitted for publication to the NHBA Board of Governors. ABSTRACT This opinion addresses whether an attorney may act as both Town manager and Town counsel. The Committee reviewed the situations where the legal advice related to issues implicating actions the attorney took … Read more

#2005-06/03 Obligation to Provide Electronic Material

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Ethics Committee Advisory Opinion #2005-06/03 By the NHBA Ethics Committee January 2006 ABSTRACT: Lawyers are obligated to transfer the client’s complete file, including all electronic communications and documents, to successor counsel upon the client’s request. ANNOTATIONS: The client file is the client’s property. The client’s file includes all tangible materials, including writings, photographs, video recordings, … Read more

#2004-05/01 Non-Recourse Lawsuit Financing

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Ethics Committee Advisory Opinion #2004-05/01 By the NHBA Ethics Committee This opinion was submitted for publication to the NHBA Board of Governors at its April 2005 meeting. ABSTRACT: Participating in non-recourse lawsuit financing is not per se unethical, but many potential issues exist.  An attorney contemplating involvement in such programs must be very cautious in … Read more

#2000-01/05 Release Of Billing Statement To Third Party Auditors

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Ethics Committee Advisory Opinion #2000-01/05 By the NHBA Ethics Committee This opinion was submitted for publication to the NHBA Board of Governors at its November 16, 2000 meeting. ABSTRACT: An attorney may not ethically submit detailed billing statements to outside auditors without prior consultation and informed consent of the client, Rule 1.6(a).  In addition, an … Read more