Rule 4.4 Respect for Rights Of Third Persons
ABA RULE 4.4
Adopted, Effective Jan. 1, 2008
TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS
Rule 4.4: Respect for Rights Of Third Persons
(a) In representing a client, a lawyer shall not take any action if the lawyer knows or it is obvious that the action has the primary purpose to embarrass, delay or burden a third person.
(b) A lawyer who receives materials relating to the representation of the lawyer’s client and knows that the material was inadvertently sent shall promptly notify the sender and shall not examine the materials. The receiving lawyer shall abide by the sender’s instructions or seek determination by a tribunal.
NEW HAMPSHIRE COMMENT TO PROPOSED RULE 4.4
Paragraph (a) substantially differs from the ABA model rule by using the word “obvious” to set a higher objective standard.
Paragraph (b) differs from the ABA model rule in three respects: the broader term “materials” replaces “document;” the phrase “reasonably should know” is deleted setting an objective standard for “knowledge”; and a second sentence is added. The second sentence incorporates the New Hampshire Bar Association’s Ethics Committee’s June 22, 1994, Practical Ethics Article, “Inadvertent Disclosure of Confidential Materials.” The Committee concluded that notice to the sender did not provide sufficient direct guidance to lawyers.
ABA RULE 4.4