Could a Vermont part-time prosecutor represent a private client against the State in unrelated civil litigation?
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 lawyer served as a part-time prosecutor and also represented private clients. One private client had a civil matter against the State, defended by the Attorney General's office, unrelated to the lawyer's criminal duties and to events in the county of the lawyer's public office. The State separately defended the prosecutor and others in a different civil action.
Applying Rule 1.7, the committee treated the State as a client for the prosecutor's public work but examined which part of the State was involved. It distinguished its earlier Opinion 88-9, which had barred a part-time State's Attorney from criminal defense work in another county. In the present civil matter, the private and public roles did not overlap in jurisdiction or impact, so the committee found no conflict. It said the result might differ if the lawyer learned material facts through prosecutorial work or the claim arose within the lawyer's jurisdiction.
The unrelated suit in which the Attorney General's office defended the prosecutor did not require that office to withdraw from either litigation. The committee nonetheless said each involved lawyer had to determine independently whether the relationships would adversely affect representation.
Currency note
This opinion was issued in 2001, before the Vermont Supreme Court's 2009 amendments to the Rules of Professional Conduct. The court's rules history says those amendments incorporated changes to the ABA Model Rules adopted in 2001-2003. 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 Treat this page as historical context, not current guidance.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 prosecutor's public role bar a private civil claim against the State?
A: No. The opinion permitted the representation on the stated facts because the civil matter had no connection with the lawyer's prosecutorial work or jurisdiction.
Q: Did the Attorney General's separate defense of the prosecutor create a conflict?
A: The committee found no conflict requiring withdrawal because that suit was unrelated to the private client's civil matter.
Q: What factual change might alter the committee's answer?
A: It identified facts learned through prosecutorial work or a claim arising within the prosecutor's county as circumstances that might change the analysis.
Background and rules framework
The opinion applied Vermont Rule 1.7(a) to the lawyer's public and private roles. It discussed Vermont Opinion 88-9, ABA Formal Ethics Opinion 97-405, and District of Columbia Ethics Opinion 268 as related authority.
Citations and references
Vermont Rules of Professional Conduct:
- Rule 1.7(a)
Other opinions cited:
- Vermont Opinion 88-9; ABA Formal Ethics Opinion 97-405; District of Columbia Ethics Opinion 268
See also
Source
- Landing page: VBA conflict of interest opinions
- Original PDF: Vermont Advisory Opinion 01-11
- Rules history: Vermont Rules of Professional Conduct, “The Vermont Rules of Professional Conduct are amended to incorporate comprehensive and significant changes to the American Bar Association's Model Rules of Professional Conduct.”
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