1991-92-07.

• Case Date: February 13, 1992
• Court: New Hampshire

New Hampshire Ethics Opinion 1992. 1991-92-07. NEW HAMPSHIRE BAR ASSOCIATIONEthics Committee Advisory Opinion #1991-92/7Conflict of Interest: Adverse RepresentationFebruary 13, 1992RULE REFERENCES:*Rule 1.7 *Rule 1.7(a) *Rule 1.7(b) *Rule 1.14 *Rule 4.1 *Rule 8.4(c)SUBJECTS:*Adverse Representation *Attorney-Client Relationship *Client Under Disability *Conflict of Interest *Harsh Reality Test *Minors *Multiple RepresentationANNOTATION:

A lawyer shall not represent a client when the representation of that client may be limited by responsibilities to another client, a third person, or by the lawyer's own interests, unless the representation will not be adversely affected, and the client consents after consultation and with knowledge of the consequences. (Rule 1.7(b)).

The NH Rules of Professional Responsibility do not generally govern personal relationships between attorneys and third persona, other than to truthfulness and misconduct. (Rules 4.1; Rule 8.4(c)).

FACTS:The inquiring attorney represents a client in a complex civil matter. This attorney was also appointed counsel for two juvenile siblings in abuse and neglect cases. During an interview conducted by DCYS, where counsel was present, one juvenile revealed an incident of sexual contact with an unrelated individual. The unrelated individual was subsequently identified as the attorney's client in the referenced civil matter. The inquiring attorney has withdrawn as counsel to the juveniles and has obtained consent from the other client to continue representation in the civil matter. The attorney wishes to continue to have non-legal contact with the juveniles as a private citizen and has explained to the juveniles that they cannot discuss or address any of the matters involving the civil client.QUESTIONS:

May an attorney continue to represent a client in a civil matter where the attorney previously represented a juvenile who has made allegations of sexual contact against the attorney's other client?

May the attorney maintain contact with the juveniles in a non-legal capacity?

RESPONSE:Rule 1.7 of the New Hampshire Rules of Professional Conduct provides that a lawyer shall not represent a client if the representation of that client will be directly adverse to another client (Rule 1.7(a)), and that a lawyer shall not represent a client if the representation of that client may be materially...