May a Vermont lawyer meet a proposed ward who seeks alternative counsel without consent from appointed counsel?
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.
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
- Vermont Ethics Op. 96-07: Former corporate employee
- Vermont Ethics Op. 00-06: Statutory tenant notice
Source
- Landing page: Vermont Bar Association adverse-contact opinions
- Original PDF: Opinion 01-01
- Vermont Supreme Court rules history, “These rules apply to lawyer conduct after September 1, 1999.”
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