ABSTRACT: A New Hampshire attorney who is a Partner in their firm cannot sell their practice or firm to an Associate if they are not retiring from the practice of the law in the State of New
ABSTRACT: In 2007, New Hampshire adopted NHRPC Rule 5.7, which applies to the provision of services that might reasonably be performed in conjunction with, and in substance are related to, the provision of legal services and that
This opinion was submitted for publication to the NHBA Board of Governors at its June 18, 2015 meeting.
A New Hampshire lawyer who uses cloud computing must be certain that such use complies with the Rules of Professional Conduct, including, Rule 1.8(c), 1.0(e), 1.1, 1.6, 1.15, 2.1, and 5.3.
The Committee analyzed several scenarios where a lawyer was asked by a client to benefit either the lawyer or the lawyer’s family by a present or testamentary gift. In this opinion, the Committee discussed the issues of direct gifts to the lawyer, gifts to individual related both to the testator and the lawyer, and a gift to a charitable organization for which the lawyer raised funds.
A lawyer must be careful when exposed to confidential information from a prospective client. If a lawyer is exposed to such confidential information, it may disqualify the lawyer from later representing an opposing party. This opinion outlines certain steps to avoid disqualifying the entire law firm from representing others with materially adverse interests in the matter.
Although attorneys are required to maintain strict confidentiality of client information, attorneys are also required to be truthful to the tribunals in which they appear. As a result, there are occasions when attorneys must take steps to remediate statements made to the tribunal on behalf of a client or by a client regardless of potential harm to the client’s interests. If remediation is required, it must be done promptly.