Rule 3.3 – Candor toward the Tribunal
Ethics Corner Article New Hampshire Bar News – December 14, 2012 Dear Ethics Committee: I am preparing for my first motion hearing in a case I inherited when I joined my new employer’s firm. I have discovered
2012
Timely Screening for Lateral Hire Conflicts
Ethics Corner Article New Hampshire Bar News – November 16, 2012 Dear Ethics Committee: I am moving as a lateral hire to a new law firm whose clients are adverse to some of the existing clients in
The New Rule 1.10 – Lawyer Screening in the Hiring Firm
Ethics Corner Article New Hampshire Bar News – September 14, 2012 Dear Ethics Committee: I have recently lost my job at a mid-sized firm. I was an active litigator and now am concerned about applying for positions
Informed Consent
Ethics Corner Article New Hampshire Bar News – July 13, 2012 Dear Ethics Committee: I have noticed that, under the New Hampshire Rules of Professional Conduct, there are several circumstances under which a lawyer may take a
The Client’s File
Ethics Corner Article New Hampshire Bar News – May 18, 2012 Dear Ethics Committee: After two years of litigation, my client has obtained new counsel and terminated my representation of him. He has asked that I copy
Reporting Professional Misconduct
Ethics Corner Article New Hampshire Bar News – January 13, 2012 Dear Ethics Committee: I am involved in contentious litigation with a company represented by a lawyer who does not return my calls and emails for days
Trust Accounting Pitfalls
Ethics Corner Article New Hampshire Bar News – April 13, 2012 Dear Ethics Committee: I am a relatively new lawyer. I have heard that lawyers who have been around longer than I have sometimes get into trouble
Workplace Email Communications
Ethics Corner Article New Hampshire Bar News – March 16, 2012 Dear Ethics Committee: I represent an individual, Joan Smith, who works for NH Widgets Co. Joan called me after she was injured at work and her
Conflict of Interest: Spouse Attorneys
Ethics Corner Article New Hampshire Bar News – February 17, 2012 Dear Ethics Committee: I am a member of a medium-size New Hampshire firm. My spouse will graduate from law school this year, and has received a
# 2012-13/05 Social Media Contact with Witnesses in the Course of Litigation
The Rules of Professional Conduct do not forbid use of social media to investigate a non-party witness. However, the lawyer must follow the same rules which would apply in other contexts, including the rules which impose duties of truthfulness, fairness, and respect for the rights of third parties. The lawyer must take care to understand both the value and the risk of using social media sites, as their ease of access on the internet is accompanied by a risk of unintended or misleading communications with the witness. The Committee notes a split of authority on the issue of whether a lawyer may send a social media request which discloses the lawyer’s name – but not the lawyer’s identity and role in pending litigation – to a witness who might not recognize the name and who might otherwise deny the request. The Committee finds that such a request is improper because it omits material information. The likely purpose is to deceive the witness into accepting the request and providing information which the witness would not provide if the full identity and role of the lawyer were known.