Ethics Committee Practical Ethics Article By the NHBA Ethics Committee – November 8, 2000 Reviewed by the Board of Governors November 16, 2000 Legend has it that lawyers have been taking stock in companies they incorporate in
This opinion was submitted for publication to the NHBA Board of Governors at its November 16, 2017 meeting.
This opinion was submitted for publication to the NHBA Board of Governors at its April 20, 2017 meeting.
This opinion was submitted for publication to the NHBA Board of Governors at its March 3, 2016 meeting.
This opinion was submitted for publication to the NHBA Board of Governors at its June 16, 2016 meeting.
This opinion was submitted for publication to the NHBA Board of Governors at its June 18, 2015 meeting.
Can an Attorney Disclose Confidential Client Information, Over a Client’s Objection, to Protect the Client from Elder Abuse or Other Threats of Substantial Bodily Injury?
May a lawyer ethically offer discounted legal services through a “group coupon” or “daily deal” service?
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.
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.