Ethics Committee Formal Opinion #1990-91/4 Providing Legal Services on a Sliding Fee Scale Based Upon Client’s Income November 8, 1990 ANNOTATION: Rule 6.1 encourages a lawyer to discharge the duty to render public interest legal service by, among other means, providing professional services at no fee or a reduced fee to persons of limited means. … Read more
Ethics Committee Formal Opinion #1990-91/5 Fees: Fixed Fee for Insurance Defense Work January 28, 1991 ANNOTATION: A fixed fee with an insurance company is unlikely to be “clearly excessive.” (Rule 1.5). An insured’s consent to a lawyer’s fee agreement with an insurance company is not required or is implicitly given under the terms of the … Read more
Ethics Committee Formal Opinion #1990-91/8 Solicitation/Advertising February 19, 1991 ANNOTATION: A letter mailed generally to other attorneys advising them of the availability of the inquiring attorney for specific types of cases is permissible so long as: a) it complies with the requirements of Rule 7.1 concerning false or misleading statements; b) the lawyer retains a … Read more
Ethics Committee Formal Opinion #1990-91/9 Marital Mediation: Clarification re: Certification Requirement May 9, 1991 ANNOTATION: The Rule 1.6 potential for confidential communications given in the course of marital mediation not to be privileged is eliminated by RSA 328-C:9. RSA 328-C allows marital mediation services to be provided by a lawyer, without such services becoming representation … Read more
Ethics Committee Formal Opinion #1990-91/10 Trust Funds: Application of Retainer to Final Bill April 11, 1991 ANNOTATION: A lawyer may not hold a client’s retainer in the lawyer’s client trust account (non-interest bearing) unless such funds are “nominal in amount” or held for “a short period to time”, pursuant to Supreme Court Rule 50. (Rule … Read more
Ethics Committee Advisory Opinion #1990-91/11 Conflict of Interest: Client Gift to a Relative of a Firm Associate (Prohibited Transactions) May 9, 1991 ANNOTATION: A lawyer is prohibited from preparing an instrument giving the lawyer or the lawyer’s relative any substantial gift from a client, including a testamentary gift. (Rule 1.8(c)). While lawyers are associated in … Read more
Ethics Committee Formal Opinion #1990-91/15 Contingent Fee Arrangement for a Domestic Matter September 12, 1991 ANNOTATION: New Hampshire’s version of Rule 1.5(d) (prohibiting a contingency fee “in a domestic relations matter”) is more stringent and all-inclusive than the ABA Model Rule, and would prohibit representing a client on a contingency fee basis in either (1) … Read more
Ethics Committee Advisory Opinion #1992‑93/1 Conflicts of Interest: Office of Child Support Attorneys Providing Services to ADFC Recipients and Non‑AFDC Recipients November 18, 1992 ANNOTATION: An attorney may share fees with a disbarred attorney who referred a case to the extent that the right to receive those fees accrued before disbarment. (Rule 5.4(a)) The receiving … Read more
Ethics Committee Formal Opinion #1992‑93/2 Conflict of Interest: Lawyer Member of City Council Opposing City Employees in Court November 18, 1992 ANNOTATION: The Rules of Professional Conduct do not prohibit a lawyer who is a city councilor, or members of the lawyer‑official’s firm, from representing criminal defendants in the courts where the lawyer‑official does not … Read more
Ethics Committee Advisory Opinion #1992‑93/3 Conflicts of Interest: Office of Child Support Attorneys Providing Services to ADFC Recipients and Non‑AFDC Recipients January 14, 1993 ANNOTATION: Assuming that an Office of Child Support Enforcement Services (OCSES) lawyer represents only the State when securing or enforcing support obligations for a custodial parent, the lawyer does not represent … Read more