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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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.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 1.6

[1] Subsection B.1 of Rule 1.6 differs markedly from the ABA model rule. The ABA model rule limits disclosure “likely to result in imminent death or substantial bodily harm.” The New Hampshire rule broadens the individual attorney’s discretion and permits disclosure of any criminal act involving death or bodily harm or substantial injury to the financial interest or property of another. New Hampshire Rule 1.6 is similar to DR 4-101(C)(3) of the prior New Hampshire Code of Professional Responsibility as adopted March 20, 1984. Accordingly, Rule 1.6 should not be viewed as a departure from the general rule of client confidentiality, and should not be interpreted to encourage lawyers to disclose the confidences of their clients. The disclosure of client confidences is an extreme and irrevocable act. Hopefully no New Hampshire lawyer will be subject to professional censure for either disclosing or failing to disclose client confidences, as their individual conscience may dictate.