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
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