Rule 4.3 and the Difficulties of Dealing with an Unrepresented Opponent

Ethics Corner Article New Hampshire Bar News – June 18, 2014 Dear Ethics Committee: I am in private practice and occasionally encounter an opposing party who is not represented by counsel and has little knowledge of the law and procedure. I know that Rule 4.3 prohibits giving legal advice to an unrepresented opponent. Recently, an … Read more

Can Lawyers Respond to False Accusations Online?

Ethics Corner Article New Hampshire Bar News – February 19, 2014 Dear Ethics Committee: Every two weeks, my administrative assistant searches my name online. Yesterday, she discovered a troubling post on the lawyer review site, Avvo. A client I represented at an administrative hearing posted a scathing review. The client wrote that: “I took her … Read more

What to Do With Unclaimed Client Funds

Ethics Corner Article New Hampshire Bar News – December 13, 2013 Dear Ethics Committee: The office where I work has a busy collections practice. When I am successful in obtaining recovery for my clients, according to our agreement, the funds recovered go into our client trust account. We deduct legal fees and expenses and forward … Read more

Guidance Offered on Posting to Listservs

Ethics Corner Article New Hampshire Bar News – September 20, 2013 Dear Ethics Committee: I am a solo practitioner who currently is representing one of several beneficiaries in a contentious, litigated estate administration involving a very prominent family in New Hampshire. I would like to seek assistance from fellow lawyers who may have expertise and … Read more

Listing ‘Skills and Expertise’ on LinkedIn

Ethics Corner Article New Hampshire Bar News – June 21, 2013 Dear Ethics Committee: I understand that LinkedIn is the leading social networking website for professionals. When I created my profile, and when I updated it, I had the option of identifying “Skills and Expertise” (up to 50 skill areas, using my own words). My … Read more

Ethics Rules Apply to Foreclosure Work

Ethics Corner Article New Hampshire Bar News – May 17, 2013 Dear Ethics Committee: I am a newly admitted attorney and will be doing foreclosure work representing institutional lenders. I understand that New Hampshire is a non-judicial foreclosure state. Since the foreclosure process does not typically involve litigation, do the Rules of Professional Conduct still … Read more

Disclosure of Client Information When Lawyers Move Between Firms

Ethics Corner Article New Hampshire Bar News – February 22, 2013 In November 2012, the NH Bar Association Ethics Committee published a commentary on the importance of timely pre-employment conflict screenings under Rule 1.10 when hiring a “lateral” attorney from another firm. This article addresses the more difficult issue that arises with regard to the … Read more