ABSTRACT When a lawyer knows that a non-client witness has testified falsely, the lawyer had a duty to take reasonable remedial measures notwithstanding the duty of confidentiality. If the lawyer learns of the falsity after the conclusion
NEW HAMPSHIRE BAR ASSOCIATION Uncashed Trust Account Checks Ethics Committee Opinion #2020-21/01 ABSTRACT: New Hampshire attorneys are obligated under the Supreme Court Rules and the Rules of Professional Conduct to regularly reconcile their trust accounts. Attorneys
Under Rule 3.5, a New Hampshire lawyer may review a juror’s public social media presence online but may not contact the juror and must avoid any notification that the juror’s social media platform has been accessed by the lawyer. While a lawyer must exercise care, a review of a juror’s social media presence may be ethically required in providing competent representation under Rule 1.1.
This opinion was submitted for publication to the NHBA Board of Governors at its March 3, 2016 meeting.
Although attorneys are required to maintain strict confidentiality of client information, attorneys are also required to be truthful to the tribunals in which they appear. As a result, there are occasions when attorneys must take steps to remediate statements made to the tribunal on behalf of a client or by a client regardless of potential harm to the client’s interests. If remediation is required, it must be done promptly.