Mitchell M. Simon
Lawyers, law firms, and applicants to the New Hampshire Bar facing questions of professional conduct look to me for counsel. I defend other lawyers in legal malpractice cases, in disciplinary matters before the Supreme Court’s Professional Conduct Committee, and in character and fitness matters before the Office of Bar Admission. My knowledge also has qualified me as an expert witness in such cases. Lawyers depend on my advice regarding law firm management, trust fund administration, and compliance with the rules of professional conduct. I conduct many Continuing Legal Education (CLE) programs on legal ethics and have published widely in well-regarded law reviews. For almost 30 years, I have taught a variety of courses, including Legal Ethics, at the University of New Hampshire School of Law (the former Franklin Pierce Law Center).
Our clients include law firms of all sizes, ranging from some of the largest in the state to solo practitioners. I understand the emotional and financial toll caused by disciplinary matters and ethical issues, and therefore it’s important to work closely with clients to minimize future challenges to their conduct, while allowing them to effectively represent their clients.
I have lived in Hopkinton, New Hampshire, with my wife and two sons for more than 30 years. Proud of being active in my community, I was a youth basketball and baseball coach for many years and a founding member of the Hopkinton Soccer Club. I also sit on the Concord Hospital Ethics Committee and was awarded a distinguished service award by the Albert Schweitzer Foundation for my work with its fellowship program. I am an avid golfer and musician.

Representative Matters

  • Petition of Lath, 169 N.H. 616 (2017)
  • McCuin v. Sec. of HHS, 817 F.2d 161 (1st Cir. 1987)
  • Petition of Pelletier, 125 N.H. 565 (1985)
  • Hall v. Hillsborough County, 122 N.H. 221 (1985)
  • In re Gamble, 118 N.H. 771 (1978)


  • Simon, Limiting the Use of Expunged Offenses in Bar and Law School Admission Processes: A Case for Not Creating Unnecessary Problems, 28 Notre Dame J.L. Ethics & Pub. Pol'y 79 (2014)
  • 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)

Representative Speaking Engagements

  • "12th Annual Ethics CLE," New Hampshire Bar Association, June 28, 2018
  • "Representing Individuals with Disabilities," New Hampshire Bar Association, March 29, 2018
  • Panel on the "Use of Remorse and Apology in Bar Admission Cases," National Conference of Bar Examiners, Seattle, May 1, 2014
  • "Proving Remorse in Bar Applications, Lawyer Discipline and Lawyer Reinstatement Settings," 39th ABA National Conference on Professional Responsibility, May 30, 2013
  • "Representing Clients in Disciplinary and Bar Admissions Cases," National Institute for the Teaching of Ethics and Professionalism Conference, Atlanta, November 12-14, 2011
  • Character and Fitness panel chair at ABA National Conference on Professional Responsibility, Chicago, May 27-30, 2009
  • Presented CLE on Rule 3.3 to the full staff of the NH Attorney General's Office, March 20, 2009
  • Ethics Trainer for NH Bar's New Lawyer Training, June & December, annually since 2008
  • NH Criminal Defense Lawyers/ NH Public Defender program CLE on legal ethics, Concord, January 25, 2008

We Can Help You

Contact us today to learn more about how the attorneys at Devine Millimet can help you with your legal needs.

            Services & Industries

            Legal Malpractice & Professional Conduct

            Bar Admissions

            New Hampshire


            Boston University School of Law, JD, 1977

            Hofstra University, BS, 1973

            Awards & Affiliations

            New England Super Lawyers - Top Rated Professional Liability Attorney, 2007

            Included in The Best Lawyers in America© for his work in Ethics and Professional Responsibility Law since 2018

            BV® Peer Review Rated, Martindale-Hubbell

            New Hampshire Supreme Court's Judicial Ethics Committee, Member, 2008 - 2014

            National Institute for the Teaching of Ethics and Professionalism, Fellow

            New Hampshire Bar Association's Ethics Committee, Former Chair, 1988-1993

            New Hampshire Bar Association's Ethics Committee, Member, 1985 - 2018

            Rules of Professional Conduct Revision Committee, Member, 2001 - 2003

            New Hampshire Bar Association's Special Committee on Lawyer Disability, Member, 2005 - 2007

            Concord Hospital Ethics Committee, Member, 1998 - 2018

            Association of Professional Responsibility Lawyers

            Best Lawyers Award Badge