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.