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.