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Rule 5.7 Responsibilities Regarding Law-Related Services


Adopted, Effective Jan. 1, 2008

Rule 5.7: Responsibilities Regarding Law-Related Services

(a) A lawyer shall be subject to the Rules of Professional Conduct with respect to the provision of law-related services, as defined in paragraph (b), if the law-related services are provided:
     (1) by the lawyer in circumstances that are not distinct from the lawyer's provision of legal services to clients; or
     (2) in other circumstances by an entity controlled by the lawyer individually or with others if the lawyer fails to take reasonable measures to assure that a person obtaining the law-related services knows that the services are not legal services and that the protections of the client-lawyer relationship do not exist.
(b) The term "law-related services" denotes services that might reasonably be performed in conjunction with and in substance are related to the provision of legal services, and that are not prohibited as unauthorized practice of law when provided by a nonlawyer.

New Hampshire Comment to Proposed Rule 5.7

Rule 5.7 identifies the circumstances in which all of the Rules of Professional Conduct continue to apply to lawyers even when the lawyer is not providing legal services to the person, or customer, for whom the law-related services are performed.  Even when those circumstances do not exist, however, the lawyer will remain subject to those overarching rules that apply generally to lawyers regardless of the context.  This would include - - by way of example only - - Rule 8.4(c)'s prohibition of "conduct involving dishonesty, fraud, deceit or misrepresentation" (Astles' Case, 134 N.H. 602 (1991)); and Rule 1.9's prohibition on the use against a former client of confidential information gained in the representation of the client.  Wood's Case, 137 N.H. 698 (1993).


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