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Bar News - February 9, 2007

Policy Reminder for NHBA Listserv Use


NHBA President Richard B. McNamara recently sent a letter via the e-mail listservs for the sections, reiterating the NHBA’s policy that members should not post messages on the listservs that could be construed as discussions of rates charged, or attorneys’ fees set by courts.


McNamara’s letter, which is also posted on each Section’s Web page, cautioned that the Bar Association’s facilities “should not be used in a way, which could be alleged to violate the anti-trust laws.”  McNamara drew a distinction between such discussions and general surveys of law firm economics.


“Surveys on the economics of practice are available to Bar Members locally and nationally, and may be lawfully used.  But direct competitors should not be talking directly to each other about the rates that they charge in cases.  A risk of anti-trust liability occurs when current price data is directly exchanged among competitors,” wrote McNamara.


The listserv policy, in full, is contained in the Procedure Manual for Sections, and also posted on each Section page. For questions about Sections and listservs, contact Section Coordinator Patty Frechette at



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