Could a Vermont lawyer continue a civil case when a paralegal also worked in court diversion involving a defendant's relative?

Plain-English summary

In an automobile injury case, a lawyer's paralegal also worked for a court diversion program attended by a defendant's brother. The brother's conduct had limited relevance to the suit, and the paralegal had not shared his diversion information with the lawyer. The plaintiffs already knew of the charge and program participation from other sources.

The committee said former DR 5-105 and DR 9-101(B) did not extend to the paralegal on these facts, and DR 4-101 concerned lawyer-client confidences rather than this diversion relationship. Separately, 3 V.S.A. § 163(c)(5) barred release of diversion information without the participant's consent. Although screening was not required, the committee said the lawyer could consider removing the paralegal from the case to address public perception, subject to potential harm to the plaintiffs.

Currency note

This opinion was issued in 1989 under Vermont's former Code of Professional Responsibility. The Vermont Supreme Court's rules history states that the Rules of Professional Conduct applied to lawyer conduct after September 1, 1999. Later amendments or opinions may have changed the analysis. Treat this opinion as historical context and verify current rules before relying on it.

Common questions

Q: Did the committee require the paralegal to be screened?

A: No. It treated screening as optional on the stated facts and said the lawyer should consider whether it would harm the plaintiffs.

Q: Could the paralegal share information learned in diversion?

A: The opinion said 3 V.S.A. § 163(c)(5) protected diversion information and prohibited its release without the participant's prior consent.

Background and rules framework

The committee reviewed former DR 5-105, DR 4-101, and DR 9-101(B), as well as Vermont's diversion confidentiality statute. It cited earlier Vermont opinions on paralegals and screening.

Citations and references

Rules of Professional Conduct:

• Vermont Code of Professional Responsibility DR 5-105, DR 4-101, DR 9-101(B), and EC 9-2

Statutes:

• 3 V.S.A. § 163(c)(5), court diversion confidentiality

Other opinions cited:

• Vermont Opinions 78-2, 85-8, 79-28, and 87-7

See also

• Vermont Ethics Op. 85-08: Law student clerk conflict
• Vermont Ethics Op. 02-02: Shared paralegal service

Source

• Landing page: Vermont Bar Association paralegal opinions
• Original PDF: Opinion 89-04
• Vermont Supreme Court rules history, “These rules apply to lawyer conduct after September 1, 1999.”