Ethics Committee Advisory Opinion #2017-18/01


In any agreement to exchange goods or services for legal fees entered into at the outset of legal representation or during the course of such representation, a lawyer will need to comply with all the provisions of NHRPC Rule 1.8(a), including the requirement to advise the client in writing of the desirability of seeking the advice of independent legal counsel. Even if the lawyer strictly complies with Rule 1.8(a), however, the courts may view the transaction as voidable if the client later feels aggrieved by the transaction.

This opinion was submitted for publication to the NHBA Board of Governors at its November 16, 2017 meeting.

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