New Hampshire

pending

Summary

New Hampshire has no formal numbered ethics opinion on AI, but the NH Bar Association Ethics Committee has published three Ethics Corner articles (May, September, October 2024) covering competence, drafting, confidentiality, and AI bias. The NHBA has a Special Committee on AI. SB 657 (2026), which would create a private right of action for deceptive AI use in legal proceedings, passed the House in March 2026.

Applicable ABA Model Rules

Rule 1.1
Rule 1.4
Rule 1.5
Rule 1.6
Rule 2.1
Rule 3.3
Rule 3.4
Rule 4.1
Rule 5.1
Rule 5.3
Rule 8.4

Carrier Implications

New Hampshire does not require malpractice insurance. Carriers may add AI-specific renewal questions; firms unable to document a written AI policy and verification procedures may face adverse underwriting. Coverage gaps may exist between LPL and cyber liability for client information submitted to open AI models.

This summary is informational only. Verify the primary source before relying on this entry. Bar rules differ meaningfully by state. Consult a licensed attorney in your state.

New Hampshire has no formal numbered ethics opinion on AI use as of April 2026. The NH Bar Association Ethics Committee has instead published three informal Ethics Corner articles: “Ethics of Using Artificial Intelligence in Practice” (May 2024), “Ethics of Drafting Documents with Artificial Intelligence” (September 2024), and “Understanding Generative Artificial Intelligence and the Potential for Discrimination and Bias” (October 2024). Together they address competence (Rule 1.1), confidentiality (Rule 1.6), candor (Rule 3.3, requiring Shepard’s or KeyCite verification), client communication (Rule 1.4), supervision (Rules 5.1/5.3), and discriminatory conduct (Rule 8.4(g)). The NHBA has also established a Special Committee on Artificial Intelligence chaired by President-Elect Bob Lucic.

No NH state court or the U.S. District Court for the District of New Hampshire has issued a standing order requiring AI disclosure. New Hampshire enacted three AI statutes in 2024 (HB 1688 on state agency AI, HB 1432 on deepfakes, HB 1596 on political advertising); none directly regulate attorneys. SB 657 (2026), which would create a private right of action for deceptive AI use in legal proceedings, passed the House with an “Ought to Pass” vote in March 2026.

Bottom line for a 5-50 attorney New Hampshire firm: New Hampshire is a guidance-light state. NH Rules of Professional Conduct 1.1, 1.6, 3.3, and 1.4 apply to AI use through existing text. The Ethics Corner articles are the clearest signal of what the Ethics Committee considers compliant conduct. A written AI policy and client disclosure process are the floor.

Last verified: April 23, 2026