Ethics Committee Formal Opinion #1992‑93/5 Attorneys as “Partisan” Arbitrators: Insurer’s Counsel Serving on Arbitration Panel in Unrelated Claim Involving Insurer January 19, 1993 ANNOTATION: A lawyer must not sit as a member of an arbitration panel while representing one of the parties (e.g. insurance company) to the arbitration in an unrelated matter. (Rule 1.12) A … Read more
Ethics Committee Advisory Opinion #1992‑93/6 Advertising/Solicitation: Distribution of Business Cards February 10, 1993 ANNOTATION: A lawyer who posts business cards in an area where the cards might be seen by persons not known to need legal services of the kind provided by the lawyer but who might find such services useful does not thereby engage … Read more
Ethics Committee Formal Opinion #1992‑93/7 Fairness to Opposing Party and Counsel Before The Worker’s Compensation Appeals Board February 19, 1993 ANNOTATION: An attorney representing an insurance company may appear before a Worker’s Compensation Appeals Board where the Board’s “pro‑insurance” member is an employee of another client of the attorney. (Rule 1.7) An attorney representing an … Read more
Ethics Committee Advisory Opinion #1992‑93/8 Letterhead Listing/Dual Practice April 15, 1993 ANNOTATION: Unlike restrictions under the prior Code of Professional Conduct, under the current Rules an attorney may include on a letterhead an indication that the attorney is a licensed engineer as well as an attorney, when such information is accurate. (Rule 7.1; 7.5) OPINION … Read more
Ethics Committee Formal Opinion #1992‑93/9 Client Funds and Property: Real Estate Settlement Accounts June 24, 1993 ANNOTATION: An attorney must place funds received from a client or third party, in “clearly designated” trust accounts, separate from the attorney’s own funds or accounts. (Rule 1.15(a)) The term “funds” for purpose of attorney safeguarding under 1.15, includes … Read more
Ethics Committee Advisory Opinion #1992‑93/10 Reimbursement of Litigation Consultant’s Attorney’s Fees July 14, 1993 ANNOTATION: A lawyer may reimburse the out‑of‑pocket costs of a fact witness or an expert witness, provided those costs are reasonably related to the litigations. (Rule 3.4(b)) A per diem fee for a fact witness (as opposed to an expert witness) … Read more
Ethics Committee Formal Opinion #1992‑93/11 Certification as a Specialist/Problems with Seminars June 9, 1993 ANNOTATION: Rule 7.4(c) as currently written prohibits an attorney from stating that an attorney is a specialist or has other certifications not yet recognized by the NH Supreme Court. (Rule 7.4(c)). An attorney has a limited right under the First Amendment … Read more
Ethics Committee Formal Opinion #1992‑93/12 Conflict of Interest: Lawyer and Real Estate Broker Who Are Spouses Participating in same Real Estate Transaction June 9, 1993 ANNOTATION: A lawyer desiring to represent a client/buyer in a real estate transaction in which the lawyer’s spouse (or the spouse’s real estate firm) is the broker, is not directly … Read more
Ethics Committee Formal Opinion #1992‑93/13 Representing a State Agency June 9, 1993 ANNOTATION: A lawyer, having previously represented a governmental agency can generally not represent a private client in a matter (involving a specific party or parties) in which the lawyer participated personally and substantially. (Rule 1.11(a); Rule 1.11(d)(1) Even if the lawyer had not … Read more
Ethics Committee Formal Opinion #1993-94/2 Lawyer‑Official: “General Counsel” to Real Estate Development Partnership Serving as Member of Municipal Governing Body. November 10, 1993 ANNOTATION: An attorney serving, in effect, as general counsel to a real estate development partnership and frequently utilizing legal skills in the representation of the partnership before local land use boards and … Read more