New Hampshire Rules of Professional Conduct

COMMENTS

ABA Comments

New Hampshire Comment - Rule 1.7

[1] New Hampshire Rule 1.7 differs from the ABA model Rule 1.7 in that subparagraphs (a)(2) and (b)(2) include the language “and with knowledge of the consequences” after the word “consultation.” This language is added to make it clear that merely disclosing a conflict of interest is not sufficient. Instead, the lawyer who seeks to represent clients having adverse, or potentially adverse, interests must first effectively communicate the risks and consequences of his common representation to his clients, so the clients will have actual knowledge of the consequences that could occur as a result of the lawyer’s divided loyalties.