Did a Vermont lawyer satisfy the former misconduct-reporting duty by telling the court about opposing counsel's conduct?

Short answer Opinion 91-13 says a report to the court handling the litigation satisfied former DR 1-103(A), assuming a good-faith belief of a Code violation; a second report to the discipline board was optional.
Bar
VTBAR
Issued
1991

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This page answers the general question as of 1991. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A lawyer asked whether court reporting of opposing counsel's sanctioned litigation conduct also had to be reported to the Professional Conduct Board. The committee declined to assess whether the other lawyer had violated the Code, because that lawyer had not requested the opinion.

Former DR 1-103(A) required reporting unprivileged knowledge of a violation to a tribunal or other empowered authority. The committee said the court handling the case was such a tribunal and had already received the report. A further report to the board was permitted but not required under that rule. It distinguished the narrower referral language of proposed Model Rule 8.3 from Vermont's then-current Code.

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 committee decide whether opposing counsel committed misconduct?

A: No. It expressly declined to judge a lawyer who had not requested an opinion.

Q: Was a second report to the Professional Conduct Board required?

A: No. The committee said the report to the court satisfied DR 1-103(A), while a board report remained optional.

Background and rules framework

The opinion interpreted former DR 1-103(A)'s reference to a tribunal empowered to act on misconduct and compared it with Model Rule 8.3's different reporting language.

Citations and references

Rules of Professional Conduct:

  • Vermont Code of Professional Responsibility DR 1-103(A)
  • ABA Model Rule 8.3, discussed as a different reporting formulation

Other opinions cited:

  • Vermont Opinion 86-4, committee restraint concerning nonrequesting lawyers

See also

Source

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