#2011-12/04 Foregoing Professional Conduct Complaints

Ethics Committee Advisory Opinion #2011-12/04

By the NHBA Ethics Committee

ABSTRACT:

A lawyer may not condition settlement of a dispute with a client upon the client agreeing not to file professional conduct complaint against the lawyer.

ANNOTATIONS:

A lawyer may not condition a settlement of a dispute between the lawyer and the client upon an agreement that the client will not file a professional conduct complaint against the lawyer.

Permitting such settlements is prohibited because the ethics rules serve a purpose beyond rectifying a particular wrong to an individual client. The rules are designed to protect the bar and public generally.

A question exists about whether a lawyer-mediator may be subject to discipline for failure to report a professional conduct violation by another lawyer if the violation rises to the thresholds set forth in NHRPC 8.3(a).

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.