New Hampshire Rules of Professional Conduct

COMMENTS

ABA Comments

New Hampshire Comment - Rule 1.8

[1] The language of New Hampshire Rule 1.8(a) subsections (1) through (3) differs from the comparable model ABA rule only for purposes of brevity, not for purposes of changing the meaning of scope of the rule. As is the case in Rule 1.7, the lawyer entering into business transaction with a client, or knowingly acquiring pecuniary interest adverse to a client must first effectively communicate the risks and consequences to their client at the outset of the transaction. Subsection (b) of Rule 1.8 differs from the ABA model rule by virtue of the additional language “and with knowledge of the consequences.” As in the case of Rules 1.7 and 1.8(a), a lawyer must effectively communicate the risks and consequences before obtaining the consent of that client for the use of information, whether confidential or not, to the disadvantage of that client. See generally, Goldman v. Kane, 3 Mass.App.Ct. 336, 329 N.E.2d 770 (1975); Israel v. Sommer, 292 Mass. 113, 197 N.E. 442 (1935). Where the provisions of Rule 1.6(b)(1) and (2) conflict with the provisions of Rule 1.8(b) the provisions of Rule 1.6 shall govern.