Mitchell M. Simon
Of Counsel

Biography

Mitch Simon, Professor of Law with the University of New Hampshire School of Law, is a member and co-chair of the Attorney Conduct, Liability and Professionalism Group. Through his teaching in the field of Professional Responsibility, 24 years with the Ethics Committee for the New Hampshire Bar Association, and many years in actual practice, Mitch Simon has built a reputation within the Bar as one of New Hampshire's most knowledgeable and seasoned professionals on ethics and legal liability issues.

Mitch provides New Hampshire lawyers and their firms with a full array of services for the legal profession, including focused and confidential consultations, in-house training on legal issues, expert reports and testimony, representation in disciplinary proceedings and professional liability litigation, and mediation of client disputes that may otherwise lead to litigation.

EDUCATION:

Boston University School of Law, Juris Doctor, 1977
Hofstra University, Bachelor of Science, 1973

Representative Matters

• In re Gamble, 118 N.H. 771 (1978)
• Petition of Pelletier, 125 N.H. 565 (1985)
• Hall v. Hillsborough County, 122 N.H. 221 (1985)
• McCuin v. Sec. of HHS, 817 F.2d 161 (1st Cir. 1987)

Professional Affiliations

• Member, New Hampshire Supreme Court's Judicial Ethics Committee
• Fellow, National Institute for the Teaching of Ethics and Professionalism
• Former Chair, New Hampshire Bar Association's Ethics Committee (1988-1993)
• Member, New Hampshire Bar Association's Ethics Committee (1985 - 1995)
• Appointed by Supreme Court to New Hampshire Access to Justice Commission
• Appointed by New Hampshire Supreme Court to Advisory Committee on Judicial Ethics
• Member, Rules of Professional Conduct Revision Committee
• Member, New Hampshire Bar Association's Special Committee on Lawyer Disability
• Member, Future of the Profession Task Force
• Member, Advisory Committee to the Long-term Care Ombudsman
• Member, Division of Mental Health’s Task Force on mental Health of the Elderly
• Member, Concord Hospital Ethics Committee
• Member, American Society of Law and Medicine

Speaking Engagements

• Presenting at the National Institute for the Teaching of Ethics and Professionalism Conference on representing clients in disciplinary and bar admissions cases, November 12-14, 2011 Atlanta
• Panel chair at ABA National Conference on Professional Responsibility, Character and Fitness panel chair, May 27-30, 2009 Chicago
• Presented CLE on Rule 3.3 to the full staff of the NH Attorney General's Office on 3/20/09
• Led Ethics CLE for the Manchester Bar Association, 1/20/09
• National Webcast for NBI entitled al Ethics: Client Confidentiality and Candor to the Court December 8, 2008)
• Trainer for NH Bar's New Lawyer CLE 6/11/08 and 12/10/08
• Presenter, NH Criminal Defense Lawyers/ NH Public Defender program CLE on legal ethics, 1/25/08 Concord

Publications

• Simon, Smith, and Negowetti, Apologies and Fitness to Practice Law: A Practical Framework for Evaluating Remorse in the Bar Admission Process, 2012 Prof. Law. 37 (2012)
• Simon, What's Remorse Got to Do, Got to Do With It? Bar Admission for Those With Youthful Offenses, 2010 Michigan State Law Review, 2010 Mich. St. L. Rev. 1001 (2011)
• Simon, Discreet Disclosures: Should Lawyers Who Disclose Confidential Information to Protect Third Parties Be Compelled to Testify Against Their Clients?, 49 S. Tex. L. Rev. 307 (January 2008)
• Simon, Navigating Troubled Waters: Dealing With Personal Values When Representing Others, 43 BRANDEIS L. REV. 415 (Spring 2005)
• Simon, Occhalino, and Fried, Herding Cats: Improving Law School Teaching, 49 J. LEGAL ED. 256-272 (1999)
• Simon & Blais, The Role of the Family in Health Care Decisions, 36 N.H.B.J. 34 (1995)
• Hesse and Simon, Serving the Needs of Both of the Consumer of Legal Services and the Profession Through the Application of Consumer Protection Statutes to Lawyers, 3 LOYOLA CONSUMER L. RPTR. 116 (1991)
• Saunders, Simon and Keller, Who Decides: Health Care Decisions in the Event of Incapacity, 31 N.H.B.J. 227 (1990)
• Casasanto, Simon and Roman, A Model Code of Ethics for Guardians, 11 WHITTIER L. REV. 543 (1989)
• Casasanto, Saunders, Covert and Simon, Guardianship Needs Assessment Model, 11 MENTAL & PHYSICAL DISABILITIES L. RPTR. 60 (A.B.A. January –February 1987)
• Casasanto, Saunders, Covert and Simon, Individual Functional Assessment: A Guide to Determining the Need for Guardianship Under New Hampshire Law, 28 N.H.B.J. 13 (1987)
• Simon, Estate Planning & Resource Maximization for the Elderly: Medicaid Considerations, 25 N.H.B.J. 45 (1984)
• Simon, Raiche and Riley, Is Living Will the Best Revenge: New Hampshire’s Living Will Statute, 28 N.H.B.J. 45 (1987)
• Senior Citizens Law Project, The Senior Citizens Legal Rights Manual, Editor (August 1983)

Bar Admissions

• New Hampshire Supreme Court
• United States District Court for the District of New Hampshire
  
• United States Court of Appeals for the First Circuit