Could a Vermont law office rehire a former state employee while handling cases adverse to the state?
Apply this to your situation
This page answers the general question as of 1986. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer had briefly worked for a private office, then joined state government. The private office later proposed rehiring the lawyer while representing parties in cases adverse to the state, including a case the lawyer had researched before government service.
The committee said DR 9-101(B) restricted later private employment only where the lawyer had actual significant responsibility for the matter as a public employee. On the stated facts, the lawyer had not participated in the state side of the pending cases, so the firm could continue them after the hire.
The opinion separately assumed that the lawyer possessed no state confidences or secrets from those matters. It said the confidentiality rule did not bar the work under that assumption.
Currency note
This opinion was issued in 1986 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 Treat this page as historical context, not current guidance.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 brief prior private work on a case create substantial government responsibility?
A: No. The committee focused on what the lawyer actually did as a state employee and found no involvement in those cases.
Q: What assumption supported the confidentiality conclusion?
A: The committee assumed the lawyer did not possess state confidences or secrets relevant to the pending matters.
Background and rules framework
The committee applied former Code DR 9-101(B) to substantial public responsibility and DR 4-101(B)(2) to use of former government client information.
Citations and references
Vermont Code of Professional Responsibility:
- DR 9-101(B), DR 4-101(B)(2)
Other opinions cited:
- ABA Formal Opinion 342
See also
- Vermont Ethics Op. 86-01: Former agency counsel
- Vermont Ethics Op. 87-07: Former public lawyer screen
Source
- Landing page: VBA conflict of interest opinions
- Original PDF: Vermont Advisory Opinion 86-02
- Rules history: Vermont Rules of Professional Conduct, “These rules apply to lawyer conduct after September 1, 1999.”
What do the rules say today, for your facts?
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