Rule 3.2 – Multiple Representation of Juveniles

May 14, 2021 | Family Law, New Hampshire

An attorney shall have an affirmative duty to immediately notify the court in all cases involving multiple representation. An attorney shall not be permitted to represent more than one juvenile involved in the same case unless counsel and the court have established a record, in accordance with this rule, that indicates convincingly that the potential for conflict is very slight.

Counsel shall, upon commencement of representation, investigate the possibility of conflict of interest between clients and discuss that possibility with each client. If counsel determines that conflict is highly unlikely and that counsel may therefore continue to represent each client, the court shall be so notified and shall promptly convene a hearing at which the relevant facts shall be made a part of the record, which may be a mechanical record on tape. Such record shall include evidence of counsel’s discussion of the matter with each client, evidence of each client’s informed consent to multiple representation based on the client’s understanding that the client is entitled to independent counsel, and either a written or oral waiver by each client of any conflict arising from the multiple representation.

N.H. R. Cir. Ct. Fam. Div. 3.2