Could a firm that advised one town on a hydroelectric project represent another town opposing that project's application?
Apply this to your situation
This page answers the general question as of 1979. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The firm had advised Town A while it explored a hydroelectric project, including reviewing an engineering report and discussing possible tactics with officials. Town A later hired different counsel. The firm then proposed to represent Town B in opposing Town A's application, although the proposed opposition involved a different approval body.
The committee found the work concerned the same project and that the firm held information from Town A that could hurt its former client. It applied DR 4-101 and cited ABA Informal Opinion 885 on litigation against former clients. The committee concluded the firm could not represent Town B and also cited EC 9-2's appearance concerns.
Currency note
This opinion was issued in 1979 under Vermont's former Code of Professional Responsibility. The Vermont Supreme Court's rules history says the Rules of Professional Conduct replaced the Code and applied to lawyer conduct after September 1, 1999; the court later made comprehensive amendments in 2009. 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 Treat this page as historical context, not current guidance.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 different approval body make the new work separate?
A: No. The committee treated the opposition as involving the same hydroelectric project on which the firm had advised Town A.
Q: What former-client information concerned the committee?
A: The firm had reviewed Town A's engineering evaluation and discussed facts and possible tactics with town officials.
Background and rules framework
The opinion applied former Code DR 4-101 to information from the former client and cited EC 9-2 concerning public confidence.
Citations and references
Vermont Code of Professional Responsibility:
- DR 4-101, EC 9-2
Other opinion cited:
- ABA Informal Opinion 885, cited on conflicts and former-client confidences.
See also
- Vermont Ethics Op. 80-08: Appeal against a former client
- Vermont Ethics Op. 81-04: Lateral lawyer's former firm client
Source
- Landing page: VBA conflict of interest opinions
- Original PDF: Vermont Advisory Opinion 79-26
- Rules history: Vermont Rules of Professional Conduct, “These rules apply to lawyer conduct after September 1, 1999.”
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