Ethics Committee Formal Opinion #1985/6-3
December 10, 1985
ANNOTATIONS:
An attorney may accept payment of fees from defendant’s insurance company for the representation of parents in a minor’s settlement lawsuit if:
1.) The clients consent after consultation;
2.) There is no interference with the lawyer’s independence of professional judgment or with the client-lawyer relationship, and
3.) Information relating to representation of a client is protected as required by Rule 1.6. (Rule 1.8(6); DR5-107).
QUESTION:
- Is it proper for an attorney to accept compensation for professional services from the defendant’s insurer while representing the parents in a minor plaintiff’s suit requiring approval by New Hampshire courts (Settlement On Behalf of Minors under Superior Court Rule 111)?