Ezel / Ethics Opinions / VTBAR

Could an attorney mediator telephone Environmental Court litigants to explain mediation?

Short answer Opinion 2001-08 found no violation of Vermont Rules 7.3 or 5.7 when an attorney mediator contacted litigants within the court-supervised process to discuss mediation. The mediator represented neither party, and the court coordinated the contact.
Bar
VTBAR
Issued
2001
Source
View Original PDF

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 Not binding precedent.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

The Vermont Environmental Court asked litigants at a pretrial conference whether they would consider mediation. Undecided litigants could agree to a phone call from a mediator on the court's roster. The call about the process and benefits of mediation was free, though later mediation services could be paid; litigants could choose any rostered mediator.

The committee said an attorney serving as a neutral mediator represented neither party. The court coordinated and supervised the initial contact, so the lawyer's call on these facts was not client solicitation under Rule 7.3. It considered Rule 5.7 on law-related services and likewise found no violation in the court-supervised arrangement.

Currency note

This opinion was issued in 2001, shortly after Vermont's 1999 adoption of the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement.

Common questions

Q: Did the attorney mediator represent either litigant?

A: No. The committee described a neutral mediator as representing neither party.

Q: Did the free introductory call become impermissible solicitation because paid mediation might follow?

A: No. The committee found no Rule 7.3 violation for the court-coordinated and supervised contact described.

Background and rules framework

The opinion applied Vermont Rule 7.3 on lawyer solicitation and Rule 5.7 on law-related services. Its conclusion was tied to the Environmental Court's mediation process and oversight.

Citations and references

Vermont Rules of Professional Conduct:

  • Rules 7.3 and 5.7.

See also

Source

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