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.
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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 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…
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…
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 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…
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 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 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…
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…
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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.