Ethics Opinions 1980-1989

#1987/8-7 Conflicts of Interest: Serving on and Appearing Before a Land Use Board

A lawyer, also an alternate member of a zoning board of adjustment, may not appear before that same board, but may represent clients before other town boards.  (Rule 1.11A)
Upon registration as a ZBA alternate member, an attorney has to observe those standards set forth in Rule 1.11, including non-participation in matter where the attorney participated or has obtained confidential information.  (Rule 1.11)

#1987/8-8 Collection of Fees: Submission of Client Name to Credit Bureau

A lawyer may not report a client to a credit bureau as a delinquent account, as a lawyer (1) shall not reveal information relating to the representation of a client without the client’s consent, and (2) to do so is not reasonably necessary to establish the lawyer’s claim for fees (Rules 1.6(a); 1.6(b))

#1987/8-9 Ethical Considerations in Attorney-Fiduciary Role (Dual Capacity; Conflict of Interest; Fees)

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))

#1987/8-15 Contingent Fees in Property Divisions and Custody Disputes Between Unmarried Persons

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))

#1987/8-16 Guardian Ad Litem Fees in Divorce Proceedings Involving Non-indigent Individuals

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))

#1987/8-17 Fees: Responsibility of Attorney to Participate in Fee Dispute Resolution Process

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)

No more posts to show