NH Ethics Committee

Even after termination of an old client, a lawyer has a continuing duty to avoid representing a new client in situations that would risk a breach of confidentiality or otherwise be unduly adverse to the old client.  (Rule 1.9);

The fact that a present client is a competing business of a prior client, does not by itself constitute a direct adverse interest that would create an impermissible conflict of interest.  (Rule 1.7);

A lawyer must avoid representing a new client in a substantially related matter materially adverse to a prior client.  (Rule 1.9)

In destroying original client files, and microfilming same, a law firm must return original documents to the client, and exercise care to preserve the confidentiality of client files. (Rules 1.15(a)(1); 1.16(d); 1.6(a))

A lawyer may be employed by, and appear on, the letterhead as an associate of one attorney and as “of counsel” of another attorney. There should, however, be disclosure of the lawyer’s status to clients to avoid potential conflict with present or former clients of either firm (Rules 1.6; 1.7; 1.10; 7.5.)

It is unclear under the present Rules whether the New Hampshire Bar Association’s Lawyer Referral and Information Service may base its referral fee on a percentage of the participating lawyer’s total fee. (Rules 1.5; 1.5(f); 5.4(a); 7.2(c))

Pamphlets with attorney advertising distributed free to the public generally at public places would not be solicitation under Rule 7.3(c). (Rule 7.3(c))

Pamphlets with attorney advertising mailed to at least a thousand addresses are “distributed generally” within the meaning of Rule 7.3, and are not solicitation. (Rule 7.3)

Pamphlets with attorney advertising sent to businesses, soliciting the businesses as clients, are not solicitation. (Rule 7.3)

All attorney advertising should comply with Rules 7.1 through 7.4. (Rules 7.1; 7.2; 7.3; 7.4)

A lawyer may not appear before a governmental board on behalf of a client during the period of his or her temporary appointment to that board. (Rules 1.11A(a)(1); 1.11A(b))
A lawyer may not accept appointment as a temporary governmental board member when the lawyer is representing a client before the board in a wholly unrelated matter. (Rule 1.11A(b)(3))
The bar of Rule 1.11A(b)(3) is absolute, and cannot be waived. (Rules 1.9(a); 1.11A(b)(3))
Rule 1.11A(b)(3)’s disqualification of a lawyer-official requires disqualification also of the members of the lawyer-official’s law firm. (Rules 1.11A(b)(3); 1.11A(c))
Frequent and recurring service as a temporary lawyer-official on a governmental board may, as a practical matter, preclude representation of client before the board. (Rules 1.1; 1.3; 1.11A(b)(3))

An attorney may not properly render services in a divorce mediation service.  (Rules 1.7; 1.8)

Separate law office and divorce consultation offices would not cure a Rule 1.7 and 1.8 ethical conflict.  (Rules 1.7; 1.8)

Fee divisions between counsel may be made only with client consent after full disclosure; in reasonable proportion to the services performed or responsibility or tasks assumed by each, and the total fee of the lawyer is reasonable.  (Rule 1.5(f))

A lawyer must adhere closely to the restrictions of Rule 1.11(b) and (c) relating to successive government and private employment, when employed by DCYS while serving on the juvenile parole board. (Rules 1.11(b), (c))

A lawyer, also an alternate member of a zoning board of adjustment, may not appear before that same board, but may represent clients before other town boards.  (Rule 1.11A)
Upon registration as a ZBA alternate member, an attorney has to observe those standards set forth in Rule 1.11, including non-participation in matter where the attorney participated or has obtained confidential information.  (Rule 1.11)

A lawyer may not report a client to a credit bureau as a delinquent account, as a lawyer (1) shall not reveal information relating to the representation of a client without the client’s consent, and (2) to do so is not reasonably necessary to establish the lawyer’s claim for fees (Rules 1.6(a); 1.6(b))