Did a Vermont lawyer satisfy the former misconduct-reporting duty by telling the court about opposing counsel's conduct?
Apply this to your situation
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.
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
- Vermont Ethics Op. 95-18: Evaluating a report
- Vermont Ethics Op. 92-10: Protected client information
Source
- Landing page: Vermont Bar Association duty opinions
- Original PDF: Opinion 91-13
- Vermont Supreme Court rules history, “These rules apply to lawyer conduct after September 1, 1999.”
What do the rules say today, for your facts?
This opinion is from 1991. Ezel checks the current Vermont Rules of Professional Conduct against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace