The disposition of the client funds is governed by New Hampshire statute. Whether attorney’s fees and expenses can be withdrawn from the funds depends upon the terms of the fee agreement and whether there is a dispute or whether there is a reasonable likelihood of a dispute under that agreement.
An attorney is under no duty to inform the authorities of a past probation violation by a client, and in fact is prohibited from doing so without the client’s consent. (DR4-101(b)(1); DR4-101(c)(3)).
The inquiring attorney appeared on behalf of an accused in a New Hampshire district court in 1979. The charge was driving while intoxicated (DWI), second offense. It was reduced to a DWI, first offense, to which the defendant entered a plea of not guilty. Admitting to sufficient facts, he was found guilty. Following the current practice at that court, no acknowledgement of rights was executed or filed.
Historically, there have been two types of liens which an attorney was entitled to impose on his or her client’s property. The first is the so-called charging lien. This lien is usually embodied in a state statute. Such is the case in New Hampshire. RSA 311:13, which is referred to in the February 1982, opinion of this committee, allows an attorney to employ such a lien in applicable situations. The statute provides for the imposition of a lien for reasonable attorneys’ fees and costs on a verdict or judgment decree of the Court.
An attorney is not per se precluded from representing clients before a district court because their spouse, who is also an attorney, is disqualified from appearing in the same district court because of a conflict of interest.
An attorney who has received stolen property from his client is obliged to return the property to the authorities, while at the same time, maintaining the confidences of his client.
An attorney in possession of stolen property given to him by a client under the cloak of the attorney-client privilege may want to hire a second attorney to return the property.
Fee division between New Hampshire attorney and out-of-state attorney must be in proportion to the services performed and responsibility assumed by each, and total fee must be reasonable. (Rule 1.5)
The Committee declined to comment on proposed advertisement. (Rules 7.1-7.5)
Fee division between New Hampshire attorney and out-of-state attorney must be in proportion to the services performed and responsibility assumed by each, and total fee must be reasonable. (Rule 1.5)
The Committee declined to comment on proposed advertisement. (Rules 7.1-7.5)
An attorney who receives payment for services rendered as court-appointed indigent defense counsel from the State cannot accept additional payment for those services from any other source. (DR2-106(A)).
An attorney representing an indigent client who learns that the client in completing an indigency affidavit failed to disclose an insurance settlement, can not disclose the omission to the court, but should (1) call the client to correct the omission and (2) be careful not to make any misstatement to the court (ie. on the bill to be submitted to the court). (DR4-101(B); DR7-102(B)(1); DR7-102(A)(5); Rule 1.6; Rule 3.3).
An attorney owes a duty to preserve confidences of a client, but must not make misstatements to a court (DR 4-101(B); DR7-102(A)(5); Rule 1.6; Rule 3.3).