NH Ethics Committee

#1987/8-15 Contingent Fees in Property Divisions and Custody Disputes Between Unmarried Persons

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While nonrefundable fee retainers are normally permissible in N.H., they are still subject to reasonableness mandated by Rule 1.5, and are an impermissable imposition charged by a guardian ad litem in a divorce case. (Rules 1.5; 1.16)

There is no voluntary, contractual relationship between a court appointed guardian ad litem in a divorce case, and the child’s parents, and consequently there can be no fee negotiation disclosure. (Rules 4.2; 4.3)

It is preferable to have a written fee agreement. (Rule 1.5(b))

#1987/8-16 Guardian Ad Litem Fees in Divorce Proceedings Involving Non-indigent Individuals

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While nonrefundable fee retainers are normally permissible in N.H., they are still subject to reasonableness mandated by Rule 1.5, and are an impermissable imposition charged by a guardian ad litem in a divorce case. (Rules 1.5; 1.16)

There is no voluntary, contractual relationship between a court appointed guardian ad litem in a divorce case, and the child’s parents, and consequently there can be no fee negotiation disclosure. (Rules 4.2; 4.3)

It is preferable to have a written fee agreement. (Rule 1.5(b))

#1987/8-17 Fees: Responsibility of Attorney to Participate in Fee Dispute Resolution Process

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The ABA Model Code Comments were not adopted or approved by the NH Supreme Court and are therefore only aspirational, and the suggestion that the attorney “conscientiously consider” participation in a fee dispute resolution procedure is a partial retreat from the EC 2-23. (Terminology, Rule 1.5)

An attorney is not required under the Rules to participate under the NHBA’s Fee Dispute Resolution Committee. Because the Committee is not the client, an attorney is not required to provide the Committee with requested information. (Rule 1.4)

Ethics Opinions Years 1980 – 1989

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The NHBA Ethics Committee produces two types of work product. Opinions of the Committee (below) analyze and apply the Rules to specific situational inquiries submitted to the Committee. Ethics Corner / Practical Ethics articles analyze and apply the Rules to issues or situations determined by the Committee to be of general interest to the Bar. … Read more

Can a client require an attorney to use two-factor authentication for communications?

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Ethics Corner Article Dear Ethics Committee, I regularly handle a number of matters for a small local bank. Recently, they had some information security issues and have changed how they communicate. They would like me to encrypt all email communications with them using a two-factor authentication system. Do I have to? I think it will … Read more

Wire Transfer Fraud Best Practices

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Ethics Corner Article Dear Ethics Committee: I have been seeing a lot of news about attorneys being the victims of wire transfer fraud, and my insurance company is asking questions about our handling of wire transfers. How can I protect myself and/or my Firm?   Wire transfer fraud continues to be a large problem for … Read more

Working Remotely Under NH Rule 5.5

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Ethics Corner Article Dear Ethics Committee: The American Bar Association recently issued an opinion regarding lawyers working remotely in a state in which they are not licensed to practice. What are the relevant ethics rules in New Hampshire for this situation? Given the technological advances in recent years, an increasing number of lawyers are working … Read more

Client Confidentiality and Technology

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Dear Ethics Committee: My office recently upgraded its email service. I have started receiving daily briefing emails from the new smart assistant that is incorporated into it. They can be helpful in reminding me to get back to someone. But they also contain direct quotes from my emails, including client emails.  This seems like an … Read more

File Retention Guidelines

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Ethics Corner Article   The ethical underpinnings of client file retention are outlined in Ethics Opinion 2015-16/05 – Client File Retention.  Federal and State statutory provisions may also bear on this issue depending upon the nature of the work.  For example, RSA 293-A:16.01, et seq. (Business Corporation Act) and 17 C.F.R. Part 210 (SEC Regulation … Read more