Could a Vermont lawyer defend a police chief in an unrelated suit despite objections by former clients who had disputes with the chief?
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This page answers the general question as of 1992. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer defended a town police chief in a civil matter. Years earlier the lawyer had represented local residents on other matters, including a complaint about police handling of trespassers. The residents opposed the new representation and had their own cases against the chief, but the lawyer did not represent him in those cases.
The committee applied its substantial-relationship approach and former DR 4-101(B). The residents were not adverse parties in the current suit, the matters were unrelated, and no use of their confidences was anticipated. It found no conflict on those facts, even though the lawyer might later be subpoenaed in the residents' separate litigation.
Currency note
This opinion was issued in 1992 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 former clients' objection alone disqualify the lawyer?
A: No. The committee relied on their nonparty status, the absence of a substantial relationship, and the lack of any expected use of protected information.
Q: Did possible later testimony change the answer?
A: No. The opinion said the lawyer could continue even if subpoenaed later in the former clients' separate suit.
Background and rules framework
The committee used former DR 4-101(B)'s ban on revealing or misusing former-client confidences and its established substantial-relationship test for successive representations.
Citations and references
Rules of Professional Conduct:
- Vermont Code of Professional Responsibility DR 4-101(B)
Other opinions cited:
- Vermont Opinions 78-3, 89-15, and 85-6, successive representation and unrelated later matters
See also
- Vermont Ethics Op. 99-09: State counsel and former clients
- Vermont Ethics Op. 93-11: Same bridge project
Source
- Landing page: Vermont Bar Association confidences opinions
- Original PDF: Opinion 92-11
- Vermont Supreme Court rules history, “These rules apply to lawyer conduct after September 1, 1999.”
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