May partners of a city grand juror sue members of the police department that assists the juror?
Apply this to your situation
This page answers the general question as of 1982. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
An associate had been appointed city grand juror, prosecuting misdemeanors and traffic offenses and working closely with the city's police department. Other firm lawyers asked whether they could represent clients in actions against members of that department. The clients had spoken with the associate before the appointment.
The committee drew on former DR 5-101(A), EC 5-1, Canon 9, and its Opinion 76-8. It reasoned that the grand juror might rely on the same officers' testimony in prosecutions, while the firm would be suing those officers for private clients. It said clients could question whether their cases would be pursued with undivided loyalty, even without a direct conflict.
The committee concluded that no partner or associate in the firm could represent private litigants against members of the city's police department while the associate served as city grand juror.
Currency note
This opinion was issued in 1982 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 Treat this page as historical context, not current guidance.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 earlier client interviews permit the firm to sue the officers?
A: The committee noted that the clients had been interviewed before the appointment but still concluded that representation by any firm partner or associate would be a conflict.
Q: Did the committee require proof of an actual conflict?
A: No. It said the working relationship and possible divided loyalty raised a conflict even assuming no direct conflict existed.
Background and rules framework
The opinion relied on former Code DR 5-101(A), EC 5-1, and Canon 9, as well as the committee's earlier Opinion 76-8.
Citations and references
Vermont Code of Professional Responsibility:
- DR 5-101(A), EC 5-1, Canon 9
Other opinions cited:
- Vermont Opinion 76-8; ABA Formal Opinion 306 (1962).
See also
- Vermont Ethics Op. 84-01: Police association counsel and criminal defense
- Vermont Ethics Op. 82-01: Former agency lawyer and compliance order
Source
- Landing page: VBA conflict of interest opinions
- Original PDF: Vermont Advisory Opinion 82-03
- Rules history: Vermont Rules of Professional Conduct, “These rules apply to lawyer conduct after September 1, 1999.”
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