Web Page Disclaimers in New Hampshire

Ethics

Web Page Disclaimers in New Hampshire

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.

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Texas Adopts Statewide Texting-While-Driving Ban

Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”

The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.

Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.

Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.