Fee division between New Hampshire attorney and out-of-state attorney must be in proportion to the services performed and responsibility assumed by each, and total fee must be reasonable. (Rule 1.5)
The Committee declined to comment on proposed advertisement. (Rules 7.1-7.5)
Fee division between New Hampshire attorney and out-of-state attorney must be in proportion to the services performed and responsibility assumed by each, and total fee must be reasonable. (Rule 1.5)
The Committee declined to comment on proposed advertisement. (Rules 7.1-7.5)
An attorney who receives payment for services rendered as court-appointed indigent defense counsel from the State cannot accept additional payment for those services from any other source. (DR2-106(A)).
An attorney representing an indigent client who learns that the client in completing an indigency affidavit failed to disclose an insurance settlement, can not disclose the omission to the court, but should (1) call the client to correct the omission and (2) be careful not to make any misstatement to the court (ie. on the bill to be submitted to the court). (DR4-101(B); DR7-102(B)(1); DR7-102(A)(5); Rule 1.6; Rule 3.3).
An attorney owes a duty to preserve confidences of a client, but must not make misstatements to a court (DR 4-101(B); DR7-102(A)(5); Rule 1.6; Rule 3.3).
A duty of confidentiality continues after the attorney-client relationship ends, so that a third party may not have access to a client’s file without the client’s informed consent. (Rule 1.6).
In considering a request to return documents and review the file by a spouse in a divorce that was later withdrawn, an attorney owes a duty to his or her client to explain the legal and practical aspects of the request, so that the client may make an informed decision whether to authorize client’s spouse to have access to the client’s file. (Rule 1.4; 1.6; 2.1)…
A duty of confidentiality continues after the attorney-client relationship ends, so that a third party may not have access to a client’s file without the client’s informed consent. (Rule 1.6).
In considering a request to return documents and review the file by a spouse in a divorce that was later withdrawn, an attorney owes a duty to his or her client to explain the legal and practical aspects of the request, so that the client may make an informed decision whether to authorize client’s spouse to have access to the client’s file. (Rule 1.4; 1.6; 2.1)…
Dual employment by an attorney as a salaried associate with one firm and “of counsel” with another law firm is permissible.
A professional association may not (because of misleading implications) continue to use the name of a former director in the law firm’s name, when that former director is now only “of counsel”, and is simultaneously employed as a salaried associate in another law firm. (Rule 7.5(a)).
An “of counsel” lawyer may be compensated on a basis of division of fees in particular cases or on a basis of consultation fees, but not by profit sharing.
In any advertising, it should be made clear to prospective clients the limited nature of employment (i.e. “of counsel”). (Rule 7.1).
An attorney shall not knowingly permit a client to falsely testify in a trial. An attorney shall not knowingly offer evidence at trial that the attorney knows to be false, and is obligated to maintain confidentiality of information revealed to the attorney. (Rule 1.6; Rule 3.3(a)(3)).
Where a client wishes to testify falsely, at a minimum the attorney’s first duty is to attempt to dissuade the client from presenting false testimony. If unsuccessful, the appropriate remedy is to withdraw from representation of the client. (Rule 3.3 with NH Comments.)
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A law firm’s sign, including names of lawyers who are not admitted to practice in this state, is improper because it is misleading in that it does not indicate the jurisdictional limitations of such lawyers (Rule 7.1; Rule 7.5(b)).
A law firm’s letterhead listing multiple lawyers, including lawyers not admitted in this state, provided it specifies the jurisdictions each is admitted to, complies with the Rules of Professional Conduct. (Rule 7.5(b); 7.5(d)).