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Ethics Opinions and Practical Ethics Articles: 1990 - 1999
The NH Bar Association Ethics Committee

A Note About Ethics Materials from the NH Bar Association Ethics Committee: Care should be exercised in determining which version of a given Rule applies as of a given date, and the extent to which the interpretation of a given opinion or article will apply to such version.  Many interpretations of New Hampshire ethics law (including most of the opinions and practical ethics articles cited below) have been published under the prior version of the Rules of Professional Conduct or predecessor rules.  Continue reading

♦ Read about how to obtain an opinion from NHBA Ethics Committee
Get Acrobat Reader The documents below are in PDF  format. To access them, you must have Adobe Acrobat Reader software on your computer. To download a free copy of this software, click the "Get Acrobat Reader" logo above.
New Ethics Code Effective Jan. 1, 2008. The Rules of Professional Conduct were comprehensively revised effective January 1, 2008. The current text may be found on the Supreme Court's website, The New Hampshire version of the Rules differs from the ABA Model Rules, which may be found on the ABA's website. Other states have adopted other variations. The New Hampshire Comments generally highlight differences between the current New Hampshire Rules and the ABA Model Rules.

♦ Can't find an NHBA ethics opinion or practical ethics article on point? Read about the ABA's ETHICSearch, a research service that responds to inquiries about situations posing ethics issues.

♦ All of our Ethics Opinions are now posted on the NH Casemaker Web Library available through the For Members section. Practical Ethics articles are posted below, grouped by the date they were written.
  
1998-99 Ethics Opinions
#1998-99/15 Conflict of Interest: Joint Petitions in Domestic Relations
#1998-99/14Lawyers Selling Insurance to Their Clients
#1998-99/10 Conflict of Interest: Referral Fees from Investment Advisors
#1998-99/3 Safeguarding Settlement Funds of Clients and Third Parties: Recognized Valid Liens on Settlement Funds in Lawyer's Possession
1997-98 Ethics Opinions
#1997-98/1Conflict of Interest: Member of a Firm Appearing Before Governmental Board When Another Member of the Same Firm is a Member of the Board
1997 Practical Ethics Articles
Jan. 1997E-Mail Messages and Defamation Claims: Avoiding Liability
Oct. 1997Referral Fees: Practical Implications of Professional Rule of Conduct 1.5(f)
Nov. 1997Lawyer Advertising: Million Dollar Advocate
1996-97 Ethics Opinions
#1996-97/6Conflict of Interest: Part-time Municipal Prosecutor Representing Criminal Defendants in Courts' Other Than Where He/She Prosecutes
#1996-97/5Conflict of Interest: Representing a Client Through Business Arrangement With For-Profit Lay Corporation
#1996-97/3Conflict of Interest: Representation of Clients Against a Former Employer
1996 Practical Ethics Articles
Sept, 1996Little White Lies
1995-96 Ethics Opinions
#1995-96/16Formation of LLC by NH Firms for Purpose of Purchasing and Collecting Debt on Contingent Fee Basis
#1995-96/12Referral Fees: When May They Be Paid and How May They Be Advertised
#1995-96/10Incorporation of Mandatory Arbitration Clause into Attorney-Client Fee Agreements, as Requested by Malpractice Carrier
#1995-96/8Collection of Fees in Diversionary Sentencing Program
#1995-96/7Attorney-Client Privilege
#1995-96/5Presentation of False Evidence to a Tribunal by a Third Party Non-Client
#1995-96/4Conflicts of Interest: Litigation Against Town When Attorney Serves on the Town Planning Board and Participation in Amendments to Town Ordinance ...
#1995-96/3Temporary Lawyers - Temporary Lawyer Placement Agency
#1995-96/1Mailings to Potential Clients Who May Have Need of Legal Service
1994-95 Ethics Opinions
#1994-95/7 Conflicts of Interest: Obtaining Security for Payment of Attorney's Fees
#1994-95/6Attorney/Client Relationship, Independent Professional Judgement and Conflicts Avoidance...
#1994-95/5Candor to Tribunal: Use of Questionable Evidence for Purpose of Impeachment
#1994-95/3Radio Call-In Program
#1994-95/2 Conflict of Interest: Personal Injury Settlements/Brokerage Referral
1994 Practical Ethics Articles
June 1994Inadvertent Disclosure of Confidential Materials
Dec. 1994Fees Charged by Attorney Settlement Agents
1993-94 Ethics Opinions
#1993-94/22Conflict of Interest: Multiple Representation in Personal Injury Case
#1993-94/18Confidentiality and Conflict of Interest: Use of Lawcard to Finance Legal Fees
#1993-94/17Conflict of Interest: Attorney Serving as Mediator in District Court ADR Program/Firm Member as District Court Special Justice
#1993-94/16Fee Sharing: Association Staff Attorney Representing Association Members for Fees Paid in Trust
#1993-94/15Communication With Person Represented by Counsel: Communication With Insurance Rep Without Consent of Defense
#1993-94/8Attorney Providing Court Coverage
#1993-94/7Candor to Tribunal: Use of Questionable Evidence in Criminal Defense
#1993-94/4Practicing Attorney/Marital Mediator Association in Business With Non-Attorney Representation of Mediation Couple
#1993-94/2Official: "General Counsel" to Real Estate Development Partnership Serving as Member of Municipal Governing Body
1993 Practical Ethics Articles
Feb. 1993Duty to Client v. Duty to Tribunal: Juror Misconduct
Feb. 1993Ethical Sex?
April 1993Fee Splitting Between Referring and Receiving Attorneys
Aug. 1993A Case For an Impractical Rule
Aug. 1993Lawyer-Client Sex: A Per Se Violation of Rule 1.7(b)
Dec. 1993Control of Settlement by Third Party Paying the Lawyer's Fees
1992-93 Ethics Opinions
#1992-93/13Representing a State Agency
#1992-93/13Conflict of Interest: Lawyer and Real Estate Broker Who are Spouses Participating in Same Real Estate Transaction
#1992-93/11Certification as a Specialist/Problems with Seminars
#1992-93/10Reimbursement of Litigation Consultant's Attorney's Fees
#1992-93/9Client Funds and Property: Real Estate Settlement Accounts
#1992-93/8Letterhead Listing/Dual Practice
#1992-93/7Fairness to Opposing Party and Counsel Before the Workers' Comp Appeals Board
#1992-93/6Advertising/Solicitation: Distribution of Business Cards
#1992-93/5Attorneys as "Partisan" Arbitrators: Insurer's Counsel Serving on Arbitration Panel in Unrelated Claim Involving Insurer
#1992-93/3Conflicts of Interest: Office of Child Support Attorneys Providing Services to AFDC Recipients and Non-AFDC Recipients
#1992-93/2Conflict of Interest: Lawyer Member of City Council Opposing City Employees in Court
#1992-93/1Fee Splitting in Contingent Fee Cases With a Referring Attorney Whose License is Revoked Subsequent to the Referral
1992 Practical Ethics Articles
Feb. 1992Appellate Obligations of Criminal Defense Counsel
March 1992Disbarred or Suspended Attorneys: Resources or Pariahs
April 1992Current Ethical Issues in Attorney Advertising
Oct. 1992Compensation of Fact Witnesses: Rule 3.4(b) of the NH Rules of Professional Conduct
Nov. 1992Law Firms and the Rules of Professional Conduct
Dec. 1992Suits to Recover Workers' Comp Payments to an Injured Employee: The Impact of the Rules of Professional Conduct
1991-92 Ethics Opinions
#1991-92/16Attorney's Duty to Obtain Trial Record
#1991-92/14Conflicts of Interest: Appearance Before Workers' Comp Appeals Board by Members of a Firm When Another Member of the Firm Serves on the Board
#1991-92/13Confidentiality: Responsibility to Client v. Responsibility to Tribunal
#1991-92/9Fee Sharing: Association Staff Attorney Representing Association Members for Fees Paid to the Association
#1991-92/8Attorney as Witness: Disqualification
#1991-92/7Conflict of Interest: Adverse Representation
#1991-92/6Confidentiality of Mobile Communications
#1991-92/5(b)Advertising and Solicitation: Including Name of Specific Lawyer
#1991-92/5(a)Letterhead: Use of Trade Name
#1991-92/4Conflict of Interest: Lawyer-Official
1991 Practical Ethics Articles
Feb. 1991Candor Toward the Tribunal: Duty to Inform the Court of Related Proceedings
Aug. 1991Calculation of Fees When Multiple Clients are Represented
1990-91 Ethics Opinions
#1990-91/15Contingent Fee Arrangement for a Domestic Matter
#1990-91/11 Conflict of Interest: Client Gift to a Relative of a Firm Associate (Prohibited Transactions)
#1990-91/10 Trust Funds: Application of Retainer to Final Bill
#1990-91/9 Marital Mediation: Clarification re: Certification Requirement
#1990-91/8 Solicitation/Advertising
#1990-91/5 Fees: Fixed Fee for Insurance Defense Work
#1990-91/4 Providing Legal Services on a Sliding Fee Scale Based Upon Client's Income
#1990-91/3Donation to IOLTA of Interest Accrued on Trust Account Prior to Joining IOLTA
#1990-91/2 Donation of Legal Services for Charitable Fund Raising
#1990-91/1Contingent Fee Arrangement for a Domestic Matter
1990 Practical Ethics Articles
April 1990Conflict of Interest In a Real Estate Transaction
Oct. 1990Restrictions on Communication of Specialization in the Practice of Law: Rules of Professional Conduct 7.4

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