New Hampshire Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the New Hampshire Bar Association, with full citations and source links on every page.
No New Hampshire Bar Association opinions match these filters
Try a different search term or clear the filters.
What must a New Hampshire lawyer do when a non-client witness the lawyer called testifies falsely at a hearing?
The opinion concludes that if a lawyer knows a non-client witness testified falsely, the lawyer has a Rule 3.3 duty to take reasonable remedial measures, including disclosure to the tribunal if necess…
Can a New Hampshire partner sell their firm or a practice area to an associate while continuing to practice law, without retiring?
The opinion concludes that under New Hampshire's Rule 1.17 a partner who is not retiring cannot sell their firm or practice area to an associate, because the rule requires the selling lawyer to cease …
Can a New Hampshire public prosecutor accept a referral fee from a private lawyer for a matter that grew out of the prosecutor's work as a prosecutor?
The opinion concludes a New Hampshire public prosecutor may not enter a referral-fee agreement with an active lawyer for matters arising from the prosecutor's work, because the prosecutor's personal i…
Can a New Hampshire lawyer who is actively practicing law also run a law-related business, such as a real estate brokerage, under Rule 5.7 without violating the other Rules of Professional Conduct?
The opinion concludes a lawyer may provide law-related services under Rule 5.7 and be relieved of some Rules only if the services are kept distinct from the lawyer's legal practice or the customer is …
Can a New Hampshire lawyer represent a client whose legal fees are paid through donation-based crowdfunding, and what ethical duties apply?
The opinion concludes that representing a client in a matter funded through donation-based crowdfunding is not unethical per se, but it triggers duties under several rules: client consent to third-par…
Can a lawyer who switches to inactive status in New Hampshire still collect referral fees for matters referred to active lawyers after the status change?
The opinion concludes an inactive lawyer may not enter a referral-fee agreement with an active New Hampshire lawyer for matters that first arose after the change to inactive status, because making the…
What must a New Hampshire lawyer do when appointed to wind up a deceased or incapacitated sole practitioner's law practice, and how should a solo plan for that event?
The opinion describes how to wind up a deceased or incapacitated solo's practice in compliance with the rules: petition the court under SC Rule 37(17), inventory and run conflicts on clients, notify c…
Can a New Hampshire municipal lawyer who advised a Planning Board on interpreting a zoning ordinance also advise the Zoning Board of Adjustment when the same matter is appealed?
The Committee could not reach consensus, with members split on whether advising both boards creates a conflict under Rules 1.7 and 1.9; it concludes that because conflict analysis is fact-intensive an…
What must a New Hampshire lawyer do about checks drawn on an IOLTA or trust account that the payee never cashes?
The opinion concludes a lawyer must reconcile trust accounts monthly, promptly notify payees and try to deliver the funds for any uncashed checks, and if the payee cannot be located use the Unclaimed …
Can a New Hampshire lawyer research jurors on social media during a trial, and what crosses the line into prohibited contact?
The opinion concludes a lawyer may review a juror's public social media but may not send any access request and must avoid triggering any platform notification the juror would see; the Committee treat…
If a New Hampshire lawyer learns information from a prospective client that is adverse to a current client, can the lawyer tell the current client, and must the lawyer withdraw?
The opinion concludes a lawyer may not reveal a prospective client's information to a current client without the prospective client's written informed consent, and must withdraw from the adverse curre…
Can a New Hampshire lawyer disclose the identity of a client without violating the Rules of Professional Conduct?
Generally no. The opinion concludes a client's identity is information relating to the representation under Rule 1.6, so a lawyer may not disclose it unless the client gives informed consent, disclosu…
When an insurance company hires a New Hampshire lawyer to defend its insured, who is the lawyer's client, and what should the lawyer do about the uncertainty?
The insured is always the lawyer's client; whether the insurer is also a client is unsettled in New Hampshire and is a question of insurance law the Committee will not decide. The opinion withdraws on…
What must a New Hampshire lawyer do to protect client confidences when traveling internationally with devices that could be searched at the border?
Lawyers remain bound by the Rules abroad: Rule 1.1 competence includes staying current on technology, and Rule 1.6 requires protecting client confidences, so a lawyer should understand how devices sto…
Does a New Hampshire defense lawyer have a conflict if the lawyer also represents a nonparty the defendant names as a DeBenedetto apportionment-of-fault party?
Yes. Naming a current client as a DeBenedetto party creates a Rule 1.7(a) concurrent conflict because the defendant and that party are directly adverse; the committee could not agree whether such a co…
If a New Hampshire lawyer agrees to be paid in a client's goods or services instead of cash, what does Rule 1.8 require?
A barter arrangement is a business transaction with the client, so the lawyer must comply with Rule 1.8(a), including fair written terms, advising the client in writing to seek independent counsel, an…
Can a retired New Hampshire lawyer keep an ownership stake in their former firm or share in fees the firm earns after retirement?
A retired lawyer may keep an ownership interest or control, and may share post-retirement fees, only if the lawyer remains a licensed lawyer (active or inactive, or admitted elsewhere); a lawyer who r…
How long must a New Hampshire lawyer keep a client's file, and what must a retiring lawyer do with client files?
The client file is the client's property and must be returned on request; files must be kept long enough to avoid prejudice to the client but need not be kept forever, and a retiring lawyer must retur…
What are the ethical obligations of a lawyer appointed as stand-by counsel for a pro se criminal defendant in New Hampshire?
Serving as stand-by counsel is not unethical, but counsel must act as a passive source of information rather than an advocate so as not to undermine the defendant's right to self-representation; the o…
What must a New Hampshire lawyer do before jointly representing a married couple in estate planning, and what consent is required?
The lawyer must screen for conflicts, explain the confidentiality and loyalty implications of joint representation, and obtain the clients' informed consent under Rule 1.6(a) to share information betw…
Can a New Hampshire lawyer disclose confidential information over a client's objection to protect the client from elder abuse or other serious bodily harm?
Yes, within limits. Rules 1.6(b)(1) and 1.14(b)-(c) may authorize a lawyer to take protective action, including disclosing confidential information, where there is sufficient evidence of actual or thr…
Can a New Hampshire lawyer offer discounted legal services through a group coupon or daily deal site like Groupon?
A lawyer may offer a coupon deal (paid at the time of service) if advertising-cost, conflict, competence, refund, and trust-accounting rules are satisfied; the opinion concludes a prepaid deal is unli…
How may a New Hampshire lawyer investigate an opposing witness through Facebook or Twitter without violating the ethics rules?
A lawyer may view a witness's public social media, but to reach restricted content the lawyer (or an agent) must truthfully identify the lawyer and the lawyer's role in the matter; a name-only or disg…
May a New Hampshire lawyer store client data in the cloud, and what steps does that require?
Yes. The opinion adopts the multistate consensus that a lawyer may use cloud computing if the lawyer takes reasonable steps to keep sensitive client information confidential and secure, staying compet…
Can a New Hampshire lawyer advertise that they are a "Million Dollar Advocate" or a member of the "Million Dollar Advocates Forum"?
Yes, but only with an appropriate disclaimer. Without one, the opinion concludes the claim is likely to create unjustified expectations about results and violates Rule 7.1(b) and (c).
What limits apply when a New Hampshire client wants to give the drafting lawyer, or the lawyer's family, a present or testamentary gift?
Rule 1.8(c) bars a lawyer from soliciting a substantial client gift or drafting an instrument giving the lawyer or the lawyer's relatives a substantial gift, unless the recipient is related to the cli…
Can a New Hampshire lawyer outsource litigation support like document review, including to a company overseas, and must the client be told?
Yes. Outsourcing does not itself violate the rules, but the New Hampshire lawyer must protect confidentiality, avoid conflicts and improper fee sharing, supervise the work competently, avoid assisting…
To pressure a client to pay an unpaid bill, can a New Hampshire lawyer report the debt to the IRS as forgiven, or report the nonpayment to an agency that regulates the client?
No. The opinion concludes that telling the IRS the fees were forgiven, or telling the client's regulator about the unpaid bill, discloses confidential information in violation of Rules 1.6 and 1.9 and…
What are a New Hampshire lawyer's ethical obligations when representing a client the lawyer cannot communicate with directly in a shared language?
The lawyer may represent the client, but should use a qualified, impartial interpreter and take steps to protect confidentiality, in order to meet the competence, communication, and confidentiality du…
When does an email from a would-be client create duties under New Hampshire's Rule 1.18, and can a firm screen the lawyer to avoid disqualifying the whole firm?
Once a New Hampshire lawyer receives and reviews information sent in good faith by someone seeking representation, Rule 1.18 confidentiality duties attach; if the information could be significantly ha…
What are a New Hampshire lawyer's duties regarding metadata in electronic documents sent to or received from opposing counsel?
Sending lawyers must take reasonable care to avoid disclosing confidential information hidden in metadata, and receiving lawyers may not search for, review, or use metadata from opposing counsel, beca…
Can a New Hampshire lawyer drafting a client's will or estate plan name themselves as executor, trustee, or other fiduciary?
Yes, at the client's request and after the disclosures Rule 1.4 requires, so long as the lawyer can still give independent advice on the choice of fiduciary. Naming oneself by default or requiring the…
Can a New Hampshire lawyer settling a fee or malpractice dispute require the client to promise not to file a professional conduct complaint?
No. The opinion concludes a lawyer may not condition settlement of a dispute with a client on the client's agreement not to file a professional conduct complaint, because the disciplinary rules protec…
Can a New Hampshire lawyer settling a case demand that opposing counsel not disclose publicly available information about the case?
No, where the term would restrict counsel's right to practice or the public's ability to find qualified counsel; Rule 5.6(b) bars both direct and indirect practice restrictions, though narrow clauses …
What must a New Hampshire lawyer do after learning that a client gave false testimony to a court?
The lawyer must take reasonable remedial measures: first try to get the client to correct the false testimony, and if that fails, disclose the falsity to the tribunal, even over the confidentiality du…
Browse New Hampshire Bar Association opinions by topic
Legal ethics opinions from the New Hampshire Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.