May a Vermont lawyer meet a proposed ward who seeks alternative counsel without consent from appointed counsel?

Short answer Opinion 01-01 permits a lawyer with no other interest in the guardianship to meet a proposed ward seeking alternative representation without first obtaining appointed counsel's consent.
Bar
VTBAR
Issued
2001

Apply this to your situation

This page answers the general question as of 2001. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A proposed ward had appointed counsel in a pending guardianship. Family members opposing the guardianship contacted another lawyer and brought the proposed ward to meet him privately. The lawyer said he would represent her only if she wanted that and judged that she could express her wishes about the proceeding.

The committee considered Rule 4.2's restriction on contacting represented persons. It said requiring appointed counsel's prior consent when a client independently sought alternative representation from a lawyer with no other interest would chill the client's access to legal services. On those facts, it did not apply the anti-contact bar to the proposed meeting.

Currency note

This opinion was issued in 2001, 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: Was appointed counsel's permission needed before the meeting?

A: No. The committee allowed the proposed ward to consult the second lawyer about alternative representation without that permission.

Q: Did the opinion allow a lawyer for another interested party to contact her?

A: The conclusion was limited to a lawyer who otherwise had no interest in the matter for which the proposed ward sought representation.

Background and rules framework

The opinion interpreted Vermont Rule 4.2's anti-contact provision in light of a represented person's ability to seek another lawyer. It did not decide possible civil interference claims involving existing counsel.

Citations and references

Rules of Professional Conduct:

  • Vermont Rule of Professional Conduct 4.2

See also

Source

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