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A Note About Ethics Materials from the NH Bar Association Ethics Committee: Care should be exercised in determining which version of a given Rule applies as of a given date, and the extent to which the interpretation of a given opinion or article will apply to such version. Please note that these opinions or articles may not reflect the current rules, comments, or case law as these materials have been published with prior versions of the Rules of Professional Conduct or predecessor rules. Caution should be used before relying on or using the information in the Ethics Committee Opinions or Articles as they are meant to be informative and are not binding upon the Court, the New Hampshire Supreme Court’s Professional Conduct Committee, or the Attorney Discipline Office.
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Ethics Corner Articles
Brief Bar News articles by the Ethics Committee examine frequently asked questions on ethics. View Ethics Corner Articles.
A Note About Ethics Materials from the NH Bar Association Ethics Committee
Care should be exercised in determining which version of a given Rule applies as of a given date, and the extent to which the interpretation of a given opinion or article will apply to such version. Many interpretations of New Hampshire ethics law (including many ethics opinions, practical ethics articles, and ethics corner articles issued by the NHBA Ethics Committee) have been published under the prior version of the Rules of Professional Conduct or predecessor rules. Read more.
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The Ethics Committee provides several services for members of the Bar. New Hampshire lawyers may contact the Committee for confidential and informal guidance on their own prospective conduct or suggest topics for Ethics Corner.
Members are encouraged to ask the NHBA Ethics Committee questions pertaining to New Hampshire practice. Inquiries and requests for opinions should be directed to the Ethics Committee staff liaison,
603-715-3259.
NH Rules of Professional Conduct
The Rules of Professional Conduct constitute the disciplinary standard for New Hampshire lawyers. Together with law and other regulations governing lawyers, the Rules establish the boundaries of permissible and impermissible lawyer conduct. View the rules.
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Excerpt: 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 Hampshire. ANNOTATIONS: A New Hampshire attorney who is a Partner at their firm cannot “switch roles” with an ... Read more
Excerpt: ABSTRACT: A New Hampshire public prosecutor may not enter into a referral fee agreement with an active New Hampshire lawyer for matters that arose from the prosecutor’s work as a prosecutor. ANNOTATIONS: A referral fee agreement benefitting a prosecutor creates a significant risk of a concurrent conflict of interest arising from the prosecutor’s personal interests ... Read more
Excerpt: 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 are not prohibited as unauthorized practice of law when provided by a nonlawyer. Prior to the adoption of ... Read more
Excerpt: ABSTRACT: Representing a client in a matter funded in whole or in part through donation-based crowdfunding is not unethical per se. Lawyers are encouraged to exercise substantial caution when undertaking a crowdfunded matter, however, as ethical concerns abound and increase as an attorney’s involvement with the fundraising increases. ANNOTATIONS: Lawyers contemplating undertaking a crowdfunded matter ... Read more
Excerpt: An inactive lawyer may not enter into a referral fee agreement with an active New Hampshire lawyer for matters that first arose after the change in status because that would violate the restrictions on the practice of law and present a great risk of misrepresentation.
Excerpt: Attorneys may be asked to assist with the wind-up and final disposition of a deceased or incapacitated sole practitioner’s law practice. This article provides guidelines for doing so in compliance with applicable Rules of Professional Conduct and Supreme Court Rules.
Excerpt: An Attorney who represents a municipal Planning Board and provides advice to the Planning Board on interpreting the Zoning Ordinance in a particular matter, should use extreme caution and carefully evaluate the possibility that a conflict of interest may exist in providing advice to the Zoning Board of Adjustment on the same matter on appeal to the Zoning Board of Adjustment.
Excerpt: NEW HAMPSHIRE BAR ASSOCIATION Uncashed Trust Account Checks Ethics Committee Opinion #2020-21/01 ABSTRACT: New Hampshire attorneys are obligated under the Supreme Court Rules and the Rules of Professional Conduct to regularly reconcile their trust accounts. Attorneys must promptly follow up on all uncashed checks in their trust accounts. If an attorney is unable to ... Read more
Excerpt: Under Rule 3.5, a New Hampshire lawyer may review a juror’s public social media presence online but may not contact the juror and must avoid any notification that the juror’s social media platform has been accessed by the lawyer. While a lawyer must exercise care, a review of a juror’s social media presence may be ethically required in providing competent representation under Rule 1.1.
Excerpt: When a lawyer receives information from a prospective client which is materially adverse to the interests of the lawyer’s current client, is the lawyer authorized to reveal any information regarding the prospective client to his/her current client, and/or is the lawyer required to withdraw from representing the current client?
Excerpt: Unless one of the exceptions in Rule 1.6 applies, Rule 1.6 prohibits the disclosure of the identity of a client.
Excerpt: ABSTRACT: The Ethics Committee previously issued two opinions addressing the relationship between an insurance company and the lawyer hired by the company to represent its insured. These opinions, which turned on a preliminary question of insurance law that remains unsettled in New Hampshire, are inconsistent with one another. Because it is not within the Committee’s ... Read more
Excerpt: Ethics Committee Advisory Opinion #2018-19/01 by the NHBA Ethics Committee. This opinion was submitted for publication to the NHBA Board of Governors at its May 6, 2019 meeting.
Excerpt: Ethics Committee Advisory Opinion #2017-18/02 by the NHBA Ethics Committee. This opinion was submitted for publication to the NHBA Board of Governors at its June 28, 2018 meeting.
Excerpt: This opinion was submitted for publication to the NHBA Board of Governors at its November 16, 2017 meeting.
Excerpt: This opinion was submitted for publication to the NHBA Board of Governors at its April 20, 2017 meeting.
Excerpt: This opinion was submitted for publication to the NHBA Board of Governors at its March 3, 2016 meeting.
Excerpt: This opinion was submitted for publication to the NHBA Board of Governors at its June 16, 2016 meeting.
Excerpt: This opinion was submitted for publication to the NHBA Board of Governors at its June 18, 2015 meeting.
Excerpt: 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?
Excerpt: May a lawyer ethically offer discounted legal services through a "group coupon" or "daily deal" service?
Excerpt: 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.
Excerpt: 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.
Excerpt: 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.
Excerpt: 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?