New Hampshire Rules of Professional Conduct

COMMENTS

ABA Comments

New Hampshire Comment - Rule 1.3

[1] This section displaces former DR 6-101(A)(3) which dealt with the concept of “neglect”. The concept expressed here is that client expectations (other than competence) are frustrated by the lawyer’s failure to perform in the manner and within the time the client has come to expect. Expectations are derived from the expressed agreement between the client and the lawyer and from the preconceptions of the client. Additionally, circumstances explained or revealed by the lawyer affect client expectations. Performance by the lawyer should meet client expectations which are reasonable. The lawyer can control the expectations by bargaining and by educating the client. (See Rule 1.4 on Client Communications.) However, the lawyer must protect the interests of the client by adjusting performance to account for changes in circumstances not contemplated when the agreement with the client was consummated.