#2013-14/08 Providing Discounted Legal Services Through “Group Coupon” or “Daily Deal” Services
May a lawyer ethically offer discounted legal services through a “group coupon” or “daily deal” service?
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Ethics Opinions
# 2012-13/05 Social Media Contact with Witnesses in the Course of Litigation
The Rules of Professional Conduct do not forbid use of social media to investigate a non-party witness. However, the lawyer must follow the same rules which would apply in other contexts, including the rules which impose duties of truthfulness, fairness, and respect for the rights of third parties. The lawyer must take care to understand both the value and the risk of using social media sites, as their ease of access on the internet is accompanied by a risk of unintended or misleading communications with the witness. The Committee notes a split of authority on the issue of whether a lawyer may send a social media request which discloses the lawyer’s name – but not the lawyer’s identity and role in pending litigation – to a witness who might not recognize the name and who might otherwise deny the request. The Committee finds that such a request is improper because it omits material information. The likely purpose is to deceive the witness into accepting the request and providing information which the witness would not provide if the full identity and role of the lawyer were known.
#2012-13/04 The Use of Cloud Computing in the Practice of Law
A New Hampshire lawyer who uses cloud computing must be certain that such use complies with the Rules of Professional Conduct, including, Rule 1.8(c), 1.0(e), 1.1, 1.6, 1.15, 2.1, and 5.3.
#2011-12/07 Limitations on Client Gifts to a Lawyer
The Committee analyzed several scenarios where a lawyer was asked by a client to benefit either the lawyer or the lawyer’s family by a present or testamentary gift. In this opinion, the Committee discussed the issues of direct gifts to the lawyer, gifts to individual related both to the testator and the lawyer, and a gift to a charitable organization for which the lawyer raised funds.
#2011-12/05 Outsourcing Legal and Non-Legal Support Services
May a New Hampshire attorney outsource litigation support services, such as document review, to a company located overseas, on a temporary or an ongoing basis? Must that attorney notify the client of the use of these services?
#2011-12/04 Foregoing Professional Conduct Complaints
A lawyer may not condition settlement of a dispute with a client upon the client agreeing not to file professional conduct complaint against the lawyer.
#2011-12/03 Limitations on “Million Dollar Advocate” & “Million Dollar Advocates Forum” Advertising
Advertising that a lawyer is a “million dollar advocate” or is a member of the “Million Dollar Advocates Forum” is permissible only if the advertisement includes an appropriate disclaimer.
#2010/11-01 Collecting Attorney’s Fees – Debt Forgiveness and Reporting to Regulating Agency
In an attempt to collect an unpaid bill, an attorney may not (a) threaten to or actually inform the Internal Revenue Service that the attorney has written off the account receivable and considers the unpaid legal fees a debt that has been forgiven, or (b) inform a regulatory agency that a client owes unpaid fees to the attorney.
#2009-10/06 Settlement Agreements & Restrictions on the Right to Practice
Settlement agreements afford individuals the opportunity to resolve disputes quickly and with finality in order to avoid the uncertainty and expense of litigation. Settlements typically are private arrangements among disputing parties and, consequently, specific terms often are not public to avoid disclosure of confidential information or facts that would negatively impact a party. During the course of representation and, in particular, during settlement negotiations, an attorney is obligated pursuant to Rule 1.2 to abide by the client’s objectives and decisions, subject at all times to the Rules of Professional Conduct. One such rule is Rule 5.6(b), which prohibits an attorney from “offering or making” a settlement agreement that restricts the attorney’s “right to practice.”
#2009-10/02 Representing Clients Through Interpreters
A lawyer representing a client who needs an interpreter should, ideally, engage the services of a qualified, impartial third party to ensure compliance with Rule 1.1, Rule 1.4 and Rule 1.6.