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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


New Hampshire Rules of Professional Conduct

COMMENTS

ABA Comments

New Hampshire Comment - Rule 1.5

[1] The language used in the first sentence of this Rule is identical to the language of prior DR 2-106(A) in the prior New Hampshire Code of Professional Responsibility. The requirement that lawyers in New Hampshire may not charge clearly excessive fees is unchanged, this is a departure from the reasonableness standard set forth in the American Bar Association’s Model Rules. While a search for the “reasonable fee” might prove as perplexing as the search for a “reasonable person,” the prohibition against clearly excessive fees remains a bright line for the New Hampshire practitioner.

[2] A major change has been made to New Hampshire practice by subsection (c) which requires all contingent fee agreements to be in writing and to set forth all the terms and conditions by which the fee will be determined. This subsection also requires a written statement to the client at the close of the contingent fee matter explaining how the fee was determined and the remittance due to the client if there has been a recovery.

[3] For the sake of clarity a new subsection (e) was added prohibiting contingent fees in criminal matters.

[4] While some reference is made in the ABA comments to reasonable fees, the New Hampshire lawyer is still bound to the “clearly excessive” fee standard.