Did a Vermont defender’s partner’s friendship with State witnesses bar the defender from a criminal case?
Apply this to your situation
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 public defender was appointed to a criminal defendant. Another lawyer in the office, assumed to be the defender’s partner, was friends with two State witnesses and had represented one in an unrelated matter.
The committee found no direct Code conflict: the witness’s earlier matter was unrelated and no former-client secret was identified. It nevertheless considered whether the partner’s friendships could weaken the defender’s loyalty or willingness to investigate and cross-examine the witnesses.
The opinion called for the defender to assess that effect and disclose the relevant social facts to the client. If the defender or client believed the representation would be impaired, the committee said the defender should seek the court’s permission to withdraw.
Currency note
This opinion was issued in 1992 under Vermont's former Code of Professional Responsibility. The Vermont Supreme Court's rules history says the Rules of Professional Conduct replaced the Code and applied to lawyer conduct after September 1, 1999; the court later made comprehensive amendments in 2009. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement.
Common questions
Q: Did the partner’s friendship automatically disqualify the defender?
A: No. The committee found no direct conflict under the stated facts.
Q: What did the defender need to disclose?
A: The opinion called for disclosure to the client of the social relationships raising the concern.
Q: What if the relationship impaired the defense?
A: The committee said the defender should seek court permission to withdraw.
Background and rules framework
The opinion discussed former Code EC 5-1, EC 5-2, and EC 5-21 on undivided loyalty, personal influences, disclosure, and withdrawal.
Citations and references
Vermont Code of Professional Responsibility:
- EC 5-1, EC 5-2, EC 5-21
See also
Source
- Landing page: VBA conflict of interest opinions
- Original PDF: Vermont Advisory Opinion 92-14
- Rules history: Vermont Rules of Professional Conduct, “These rules apply to lawyer conduct after September 1, 1999.”
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