Effective January 1, 2008, New Hampshireadopted a rule that clearly protects persons who, in good faith, e-mailconfidential information to a lawyer from having the lawyer use theinformation against the prospective client. The comments to NewHampshshire Rule 1.18 provide in part: “Inits version of these provisions, New Hampshire’s rule eliminates theterminology of ‘discussion’ or ‘consultation’ and extends theprotections of the rule to persons who, in a good faith search forrepresentation, provide information unilaterally to a lawyer whosubsequently receives and reviews the information. This changerecognizes that persons frequently initiate contact with an attorney inwriting, by e-mail, or in other unilateral forms, and in the processdisclose confidential information that warrants protection.”
The rule no doubt makes it more important for NH lawyersto use effective disclaimers on their web pages.
