A lawyer or a law firm may sell or purchase a law practice, or an area of law practice, including good will, if each of the following conditions is satisfied:
(a) The seller ceases to engage in the private practice of law, or in the area of practice that has been sold, within the State of New Hampshire;
(b) The entire practice, or the entire area of practice (subject to the clients’ rights under Rule 1.17(c)(2)), is sold to one or more lawyers or law firms;
(a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
(1) the representation will result in violation of the rules of professional conduct or other law;
(2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or
(3) the lawyer is discharged.
(a) A lawyer shall hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property, in accordance with the provisions of the New Hampshire Supreme Court Rules.
(a) When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.
(a) A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents.
A lawyer who serves as a part-time judge may not practice in a court where he or she regularly serves as a part-time judge.
Ethics Committee Comment
Rule 1.12A has no Model Rule counterpart, and amends the existing New Hampshire Rule to apply only to part-time judges practicing in a court where he or she regularly serves as judge.
(a) Except as stated in paragraph (d), a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer or law clerk to such a person or as an arbitrator, mediator or other third-party neutral.
(a) Definitions. As used in this rule:
lawyer-official means a lawyer actively engaged in the practice of law, who is a member of a governmental body;
governmental body means any state or local governmental agency, board, body, council or commission, including any advisory committee established by any of such entities;
related body means a governmental body whose members are appointed or elected by the lawyer-official or the governmental body of which the lawyer-official is a member;
(a) Except as law may otherwise expressly permit, a lawyer who has formerly served as a public officer or employee of the government:
(1) is subject to Rule 1.9(c); and
(2) shall not otherwise represent a client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency gives its informed consent, confirmed in writing, to the representation.
(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9, unless the prohibition is based on a personal interest of the prohibited lawyer and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm.
