Did a Vermont plea hearing question or court form praising counsel create a client-confidence or malpractice-limitation ethics issue?

Plain-English summary

At a change-of-plea hearing, a defendant was asked whether counsel had explained the rights waived by the plea. A Vermont District Court form also required the defendant to state a belief that counsel had provided all possible assistance. The committee examined confidentiality and former DR 6-102(A)'s bar on a lawyer trying to limit malpractice liability.

It found that the rights waived and whether they were discussed could be considered by the court when deciding whether the plea was voluntary; they were not the client's protected secrets in this setting. The printed form was the court's, not the attorney's effort to limit liability. The committee did not purport to decide legal malpractice consequences.

Currency note

This opinion was issued in 1991 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 plea question reveal a protected client confidence?

A: The committee said no: the rights waived and whether counsel discussed them were matters the court could consider in evaluating the plea.

Q: Was the court form a lawyer's attempt to limit malpractice liability?

A: No. The committee emphasized that the form's wording came from the court, not the lawyer.

Background and rules framework

The opinion considered confidentiality and former DR 6-102(A), while citing Vermont criminal plea procedure and In re Hall on voluntariness.

Citations and references

Rules of Professional Conduct:

• Vermont Code of Professional Responsibility DR 6-102(A)

Cases:

• In re Hall, 143 Vt. 590, 469 A.2d 756 (1983), plea voluntariness

See also

• Vermont Ethics Op. 99-02: Plea waiver certificate
• Vermont Ethics Op. 95-04: Plea waiver of later claims

Source

• Landing page: Vermont Bar Association confidences opinions
• Original PDF: Opinion 91-09
• Vermont Supreme Court rules history, “These rules apply to lawyer conduct after September 1, 1999.”