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
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