#2009-10/01 Duties to Prospective Clients

Ethics Committee Advisory Opinion #2009-10/01

By the NHBA Ethics Committee

ABSTRACT:

A lawyer must be careful when exposed to confidential information from a prospective client. If a lawyer is exposed to such confidential information, it may disqualify the lawyer from later representing an opposing party. This opinion outlines certain steps to avoid disqualifying the entire law firm from representing others with materially adverse interests in the matter.

ANNOTATIONS:

New Hampshire’s Rules of Professional Conduct generally prohibit an attorney from using or revealing confidential information received from a prospective client, even if the lawyer declines to represent the party who contacted him. If a lawyer reviews information relayed in an electronic message that could be significantly harmful to its sender, he or she may be disqualified from later representing an opposing party. Further, unless the steps described in this article are followed, the entire law firm could be disqualified from representing others with materially adverse interests in the matter.

The internet has changed the practice of law in many ways, including the way people find lawyers to represent them. Law firms have employed different means to leverage these changes into more business, but the Ethics Committee advises lawyers and law firms in the State to consider carefully the implications of using their websites to invite members of the public to email the firms’ attorneys.

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.

How to Obtain Answers

Can’t Find an NHBA Ethics Opinion on Point?

The Ethics Committee provides several services for members of the Bar. New Hampshire lawyers may contact the Committee for confidential and informal guidance on their own prospective conduct or suggest topics for Ethics Corner.

Members are encouraged to ask the NHBA Ethics Committee questions pertaining to New Hampshire practice. Inquiries and requests for opinions should be directed to the Ethics Committee staff liaison,
603-715-3259.

NH Rules of Professional Conduct

The Rules of Professional Conduct constitute the disciplinary standard for New Hampshire lawyers. Together with law and other regulations governing lawyers, the Rules establish the boundaries of permissible and impermissible lawyer conduct. View the rules.