Conflict Counsel

In the course of representing any municipality, the town for that municipality may face a variety of situations where he or she cannot function in the best interests of the municipality or where he or she otherwise needs to involve a second attorney.

For example, a town or other municipality may become involved in a legal dispute or other cause in with which the regular counsel does not agree with the position of his or her client. When this situation arises, the municipality’s regular counsel cannot, in good faith, provide adequate representation.

There may also be an actual, recognized conflict of interest –recognized by either the governing rules of professional conduct or other governing law, whether statutory or common law. In New Hampshire, conflicts of interest are governed by the New Hampshire Rules of Professional Conduct, Rules 1.7, 1.8, 1.9, 1.10, 1.11, 1.11A, and 1.12. Various New Hampshire statutes and New Hampshire Supreme Court decisions address conflicts of interest.

Yet another example is when a municipality has an internal governmental dispute, and one municipal body is acting in a quasi-judicial capacity. This includes cases of appeals in personnel cases and hearings when a town’s Planning Board or Board of Selectmen wishes to intervene or be heard by the same municipality’s Zoning Board of Adjustment or Welfare Appeal’s Board. In protecting the best interests of the municipality and abiding by all governing rules and laws, regular counsel cannot possibly represent all parties involved.

The Munilaw Group has entered into agreements with established municipal law attorneys to provide, at a discounted rate, any conflict counsel services that may become necessary for the towns which we represent. This ensures not only that the town’s needs are immediately met, but also that the town’s legal expenses are kept under control.

In return, The Munilaw Group provides conflict counsel services at a discounted rate for those towns regularly represented by our colleagues.

 
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