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.
May a New Hampshire attorney outsource litigation support services, such as document review, to a company located overseas, on a temporary or an ongoing basis? Must that attorney notify the client of the use of these services?
A lawyer may not condition settlement of a dispute with a client upon the client agreeing not to file professional conduct complaint against the lawyer.
Advertising that a lawyer is a “million dollar advocate” or is a member of the “Million Dollar Advocates Forum” is permissible only if the advertisement includes an appropriate disclaimer.
In an attempt to collect an unpaid bill, an attorney may not (a) threaten to or actually inform the Internal Revenue Service that the attorney has written off the account receivable and considers the unpaid legal fees a debt that has been forgiven, or (b) inform a regulatory agency that a client owes unpaid fees to the attorney.
Settlement agreements afford individuals the opportunity to resolve disputes quickly and with finality in order to avoid the uncertainty and expense of litigation. Settlements typically are private arrangements among disputing parties and, consequently, specific terms often are not public to avoid disclosure of confidential information or facts that would negatively impact a party. During the course of representation and, in particular, during settlement negotiations, an attorney is obligated pursuant to Rule 1.2 to abide by the client’s objectives and decisions, subject at all times to the Rules of Professional Conduct. One such rule is Rule 5.6(b), which prohibits an attorney from “offering or making” a settlement agreement that restricts the attorney’s “right to practice.”
A lawyer representing a client who needs an interpreter should, ideally, engage the services of a qualified, impartial third party to ensure compliance with Rule 1.1, Rule 1.4 and Rule 1.6.
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.
New Hampshire lawyers who either send or receive electronic materials share an ethical obligation to preserve confidential information relating to the representation of clients. It is impermissible for New Hampshire lawyers to seek to review or use metadata received from opposing counsel.
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.