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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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.