#2023-24/01 The Sale of a Firm or Practice Area by a Non-Retiring Attorney

ABSTRACT:
A New Hampshire attorney who is a Partner in their firm cannot sell their practice or firm to an Associate if they are not retiring from the practice of the law in the State of New Hampshire.

ANNOTATIONS:
A New Hampshire attorney who is a Partner at their firm cannot “switch roles” with an Associate by selling their firm or practice area to the Associate while remaining in the private practice of the law. The sale of a firm or practice area by a non-retiring attorney is prohibited by New Hampshire’s Rule of Professional Conduct 1.17.

By the NHBA Ethics Committee

This opinion was submitted for publication to the NHBA Board of Governors at its Thursday, January 18, 2024 meeting.

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 many ethics opinions, practical ethics articles, and ethics corner articles issued by the NHBA Ethics Committee) have been published under the prior version of the Rules of Professional Conduct or predecessor rules. Read more.

General Ethics Guidance

Brief Bar News articles by the Ethics Committee examine frequently asked questions on ethics. View Ethics Corner Articles.

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NH Rules of Professional Conduct

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