A lawyer may not serve as a part-time municipal prosecutor and as criminal defense counsel in the same district court in that the potential for actual conflict of interest in this situation is real and substantial in both criminal and civil matters and that maintenance of the high standards of confidentiality seems impossible in such a situation. (Rules 1.6; 1.7)
While nonrefundable fee retainers are normally permissible in N.H., they are still subject to reasonableness mandated by Rule 1.5, and are an impermissable imposition charged by a guardian ad litem in a divorce case. (Rules 1.5; 1.16)
There is no voluntary, contractual relationship between a court appointed guardian ad litem in a divorce case, and the child’s parents, and consequently there can be no fee negotiation disclosure. (Rules 4.2; 4.3)
It is preferable to have a written fee agreement. (Rule 1.5(b))
While nonrefundable fee retainers are normally permissible in N.H., they are still subject to reasonableness mandated by Rule 1.5, and are an impermissable imposition charged by a guardian ad litem in a divorce case. (Rules 1.5; 1.16)
There is no voluntary, contractual relationship between a court appointed guardian ad litem in a divorce case, and the child’s parents, and consequently there can be no fee negotiation disclosure. (Rules 4.2; 4.3)
It is preferable to have a written fee agreement. (Rule 1.5(b))
The ABA Model Code Comments were not adopted or approved by the NH Supreme Court and are therefore only aspirational, and the suggestion that the attorney “conscientiously consider” participation in a fee dispute resolution procedure is a partial retreat from the EC 2-23. (Terminology, Rule 1.5)
An attorney is not required under the Rules to participate under the NHBA’s Fee Dispute Resolution Committee. Because the Committee is not the client, an attorney is not required to provide the Committee with requested information. (Rule 1.4)
The NHBA Ethics Committee produces two types of work product. Opinions of the Committee (below) analyze and apply the Rules to specific situational inquiries submitted to the Committee. Ethics Corner / Practical Ethics articles analyze and apply the Rules to issues or situations determined by the Committee to be of general interest to the Bar. … Read more
Attorneys may be asked to assist with the wind-up and final disposition of a deceased or incapacitated sole practitioner’s law practice. This article provides guidelines for doing so in compliance with applicable Rules of Professional Conduct and Supreme Court Rules.
Ethics Corner Article Dear Ethics Committee, I regularly handle a number of matters for a small local bank. Recently, they had some information security issues and have changed how they communicate. They would like me to encrypt all email communications with them using a two-factor authentication system. Do I have to? I think it will … Read more
Ethics Corner Article Dear Ethics Committee: I have been seeing a lot of news about attorneys being the victims of wire transfer fraud, and my insurance company is asking questions about our handling of wire transfers. How can I protect myself and/or my Firm? Wire transfer fraud continues to be a large problem for … Read more
Ethics Corner Article Dear Ethics Committee: The American Bar Association recently issued an opinion regarding lawyers working remotely in a state in which they are not licensed to practice. What are the relevant ethics rules in New Hampshire for this situation? Given the technological advances in recent years, an increasing number of lawyers are working … Read more