NH Ethics Committee

Ethics Committee Formal Opinion #1993-94/4 Practicing Attorney/Marital Mediator Association in Business with Non-Attorney Representation of Mediation Couple December 8, 1993 ANNOTATION: RSA 328-C allows an attorney to provide, alone or together with a non-lawyer, marital mediation services without such services becoming legal representation of either party leading to a conflict of interest. ( Rule 1.7). … Read more

Ethics Committee Formal Opinion #1993-94/7 Candor to Tribunal:  Use of Questionable Evidence in Criminal Defense January 27, 1994 ANNOTATION: A Lawyer must not offer evidence to a tribunal that the lawyer knows to be false.  (Rule 3.3(a)(3)). A lawyer may refuse to offer evidence that the lawyer reasonably believes is false.  (Rule      3.3(c)). If a … Read more

Ethics Committee Formal Opinion #1993-94/8 Attorney Providing Court Coverage June 23, 1994 ANNOTATION: An attorney that provides temporary court “coverage” for another attorney’s client must comply with all of the many applicable rules relating to representation of that client, and cannot do so without, at a minimum, the primary attorney first obtaining the client’s consent … Read more

Ethics Committee Formal Opinion #1993-94/15 Communication With Person Represented By Counsel Communication With Insurance Representative Without Consent Of Defense Counsel July 21, 1993 ANNOTATION: Rule 4.2 does not prohibit direct communication by counsel with an insurance company representative where insurance defense counsel is retained to represent the insured and does not represent the insurance company; … Read more

Ethics Committee Formal Opinion #1993-94/16 Fee Sharing: Association Staff Attorney Representing Association Members for Fees Paid in Trust November 17, 1994 ANNOTATION: The staff lawyer of a non-profit association may render legal services to members of that association provided that the client consents to payment from a trust set up by the association, neither the … Read more

Ethics Committee Formal Opinion #1993-94/17 Conflict of Interest/Attorney serving as Mediator in District Court ADR Program/Firm Member Serving as District Court Special Justice November 17, 1994 ANNOTATION: An attorney may appear as an advocate in the same district court where the attorney is a volunteer mediator in an alternative dispute resolution program, only if the … Read more

Ethics Committee Formal Opinion #1993-94/18 Confidentiality and Conflict of Interest: Use of LAWCARD to Finance Legal Fees November 17, 1994 ANNOTATION: An attorney may not participate in a credit program to finance legal fees where the attorney must represent and warrant to the lender that the attorney knows of no facts about the client/borrower that … Read more

Advisory Opinion #1993-94/22 Conflict of Interest: Multiple Representation in Personal Injury Cases November 17, 1994 ANNOTATION: QUESTIONS: Under what circumstances may an attorney represent multiple family members in personal injury litigation where one of the family members was the driver and one or more additional members of the family were passengers in the same motor … Read more

Ethics Committee Formal Opinion 1994-95/2 Conflict of Interest: Personal Injury Settlements/Brokerage Referral April 20, 1995 ANNOTATION: QUESTIONS: May an attorney refer a client to an investment broker in exchange for a referral fee from the broker if the referral fee is not paid from the client’s funds, and if the lawyer discloses to the client … Read more

Ethics Committee Formal Opinion 1994-95/3 Radio Call-In Program April 20, 1995 ANNOTATION: An attorney may conduct a radio call-in program, but is cautioned to take precautions against improper solicitation, disclosing confidential information or engaging in a conflict of interest. See Rules 1.6, 1.7, 1.9, 7.3. QUESTIONS: Whether an attorney may conduct a radio call-in program … Read more