Could the Vermont Attorney General defend a state agency against a discrimination claim investigated by the Human Rights Commission?
Apply this to your situation
This page answers the general question as of 1990. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A state employee brought an equal-pay discrimination complaint against a state department. Before creation of the Human Rights Commission, the Attorney General had sometimes represented both the complainant and state agency with consent.
The legislature gave the Commission authority to investigate and enforce Fair Employment Practices Act complaints against state agencies. It had its own attorney and could bring a case for the alleged victim, while the Attorney General represented the respondent agency.
Because the Commission was not part of the Attorney General's law office, no lawyer represented differing interests. A theoretical future need for Attorney General representation of the Commission did not itself disqualify the office, and the Attorney General had no right to the Commission's confidential investigative information.
Currency note
This opinion was issued in 1990 under former disciplinary rules and Vermont statutes then in effect. Treat it as historical context and verify current government-lawyer rules, agency structure, and discrimination law.
Common questions
Q: Who investigated the discrimination claim?
A: The Vermont Human Rights Commission, which had its own counsel.
Q: Was the Commission part of the Attorney General's law firm?
A: No. The committee treated it as a separate agency for the conflict analysis.
Q: Could the Attorney General access the Commission's confidential information?
A: No. The duty to represent state agencies did not create access to investigative confidences or secrets.
Background and rules framework
Former DR 5-105 governed differing interests and multiple employment. Vermont statutes separated investigation and enforcement of state-agency discrimination claims from the Attorney General's agency-defense role.
Citations and references
Former Vermont professional-conduct provisions:
- DR 5-105(A) and DR 5-105(C)
Statutes:
- 9 V.S.A. §§ 495-495e, 4552(b), and 4552(c)
- 3 V.S.A. §§ 157 and 1102(e)
Other opinions cited:
- Vermont Advisory Ethics Opinions 79-29 and 81-8
See also
- Vermont Ethics Op. 89-05: Former government lawyer
- Nebraska Ethics Op. 71-3: Prosecutor's corporate client
- Nebraska Ethics Op. 73-2: County attorney's civil work
Source
- Landing page: Vermont State Government opinions
- Original PDF: Vermont Advisory Ethics Opinion 90-01
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