May a Vermont landlord's lawyer serve a statutory tenancy-termination notice directly on a represented tenant?

Plain-English summary

A landlord's lawyer asked about sending a written tenancy-termination notice under 9 V.S.A. § 4467 to a tenant known to have counsel. The committee assumed direct notice to the tenant was a statutory prerequisite to eviction.

It found the direct notice authorized by statute when the lawyer served as the landlord's agent. The communication was limited to the notice, not discussion or investigation of landlord-tenant issues. The opinion also said professional courtesy called for mailing a copy to the tenant's lawyer.

Currency note

This opinion was issued in 2000, after Vermont's Rules of Professional Conduct took effect on September 1, 1999, as stated in the Vermont Supreme Court's rules history. Later amendments or opinions may have changed the analysis. Treat this opinion as historical context and verify current rules before relying on it.

Common questions

Q: Did Rule 4.2 bar delivery of the written notice?

A: No. The committee said statutory authorization for direct notice permitted this limited contact by the landlord's lawyer.

Q: Did the permission extend to discussion of the dispute with the tenant?

A: The opinion expressly described the permitted communication as written notice rather than discussion or investigation of the dispute.

Background and rules framework

The opinion applied Vermont Rule 4.2's exception for legally authorized contact and assumed direct written notice was required by 9 V.S.A. § 4467.

Citations and references

Rules of Professional Conduct:

• Vermont Rule of Professional Conduct 4.2

Statutes:

• 9 V.S.A. § 4467

See also

• Vermont Ethics Op. 01-01: Alternative counsel
• Vermont Ethics Op. 96-06: City officials

Source

• Landing page: Vermont Bar Association adverse-contact opinions
• Original PDF: Opinion 00-06
• Vermont Supreme Court rules history, “These rules apply to lawyer conduct after September 1, 1999.”