Ethics Corner Article Dear Ethics Committee: I am a rural practitioner with two partners. I handle mostly estate planning matters; one of my partners focuses on civil litigation, and the other on marital and bankruptcy work. A few months ago, I received a phone call from a prospective client asking for help with administration of … Read more
Ethics Corner Article Dear Ethics Committee: I generally keep my clients’ funds in an IOLTA account. In reviewing the Supreme Court Rules, I noticed that the account is limited to funds which are “nominal in amount” or to be held “for a short period of time.” This may not be a question for the Ethics … Read more
NEW HAMPSHIRE BAR ASSOCIATION Uncashed Trust Account Checks Ethics Committee Opinion #2020-21/01 ABSTRACT: New Hampshire attorneys are obligated under the Supreme Court Rules and the Rules of Professional Conduct to regularly reconcile their trust accounts. Attorneys must promptly follow up on all uncashed checks in their trust accounts. If an attorney is unable to … Read more
Ethics Corner Article Dear Ethics Committee, With virtual meetings replacing in-person meetings in my practice, what ethical obligations should I be thinking about? Answer: The duties to keep in mind are competence and confidentiality. With respect to virtual meeting technology, we must maintain a generalist’s knowledge of the available technological platforms. When we rely on … Read more
Maintaining Client Confidences and Confidential Information While Increasing Your Online Presence Ethics Corner Article Dear Ethics Committee, With an increased number of people working from home, I am communicating with colleagues and clients over my computer and telephone now more than ever. I would like to grow my online presence and begin marketing my services … Read more
Please click on the image to access the full .pdf version of the Bar News.
Under Rule 3.5, a New Hampshire lawyer may review a juror’s public social media presence online but may not contact the juror and must avoid any notification that the juror’s social media platform has been accessed by the lawyer. While a lawyer must exercise care, a review of a juror’s social media presence may be ethically required in providing competent representation under Rule 1.1.
When a lawyer receives information from a prospective client which is materially adverse to the interests of the lawyer’s current client, is the lawyer authorized to reveal any information regarding the prospective client to his/her current client, and/or is the lawyer required to withdraw from representing the current client?
Unless one of the exceptions in Rule 1.6 applies, Rule 1.6 prohibits the disclosure of the identity of a client.
Part V: Ethics of Advertising via Text Messaging Ethics Corner Article Dear Ethics Committee, I have learned that there are services that can allow me to advertise and solicit new clients through text messages. Is this permissible under the NH Rules of Professional Conduct? Answer: Rules 7.1, 7.2, and 7.3 are the main rules that … Read more