Ethics Committee Formal Opinion #1988/9-2 Letterhead Listing – Use of “Of Counsel” Designation by Inactive Bar Member December 8, 1988 ANNOTATIONS: It would be misleading for an “inactive member” of NHBA to be included on a law firm’s letterhead with the designation “of counsel”, and therefore such a designation is barred under Rules 7.1 and … Read more
Ethics Committee Formal Opinion #1988/9-3 Letterhead Listing – Affiliated Law Firms February 9, 1989 ANNOTATIONS: There is no outright prohibition against an attorney who is town moderator also representing clients before the local land use boards of that municipality. However, the attorney should be alert to particular situations which may require that the attorney decline … Read more
Ethics Committee Formal Opinion #1988/9-5 Letterhead Listing – Affiliated Law Firms February 9, 1989 ANNOTATIONS: Two or more lawyers, each of whom is a sole practitioner, may affiliate so long as each attorney observes the requirements of Rules 1.6, 1.7, and 1.10, dealing respectively with confidentiality of information, conflict of interest, and imputed disqualification. (Rules … Read more
Ethics Committee Formal Opinion #1988/9-6 Conflict of Interest: Representation of Separated Parties November 10, 1988 ANNOTATIONS: A conflict of interest may arise for an attorney handling pension and estate planning matters in the dual representation of a husband and a wife who are separating. (Rules 1.7; 1.8(b)) In representing both separating spouses, if the lawyer … Read more
Ethics Committee Formal Opinion #1988/9-8 Conflict of Interest: Lawyer-Official/Lawyer-Legislator Appearing Before Certain Agencies/Forums December 8, 1988 ANNOTATIONS: An actively practicing lawyer who is a member of the legislature must comply with Rule 1.11A, and carefully analyze on a case-specific basis the potential for conflict, before appearing before administrative agencies or judicial bodies. (Rule 1.11A) A … Read more
Ethics Committee Advisory Opinion #1988/9-9 Fees: Arrangement Which Effectively Passes Costs on to a Third Party December 8, 1988 ANNOTATIONS: A lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee, based on various factors including the amount involved and the results obtained, and the nature and length … Read more
Ethics Committee Informal Opinion #1988/9-11 Conflict of Interest: Representation of Police Prosecutor March 9, 1989 ANNOTATIONS: A Lawyer and the law firm having a police-prosecutor as a divorce client, will in most cases be prohibited from representing other clients in any criminal actions being prosecuted by the prosecuter-divorce client. The Rules of Professional Conduct do … Read more
Ethics Committee Formal Opinion #1988/9-12 Conflicts of Interest: Appearances Before City Land Use Boards or Actions Against the City by Members of a Firm When Another Member of the Firm Serves on the City Council February 9, 1989 ANNOTATIONS: The present Rules of Professional Conduct do not contain a mandate to avoid even the appearance … Read more
Ethics Committee Formal Opinion #1988/9-13 h3>Confidentiality: Provision of Information to Funding Source February 9, 1989 ANNOTATIONS: A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized to carry out the representation. (Rules 1.6(a); 1.6(b)) A client’s identity may not be … Read more
Ethics Committee Formal Opinion #1988/9-14 Client/File Retention – Transfer to a New Firm February 9, 1989 ANNOTATIONS: The Ethics Committee is prohibited from rendering opinions on past conduct. (Ethics Committee Rule 5) A written announcement of an attorney’s change of employment is permitted under Rule 7.3 for clients previously represented. Under Shapero v. Kentucky Bar … Read more