May a Vermont lawyer have a client's workers' compensation benefit draft mailed to the law office?
Apply this to your situation
This page answers the general question as of 1994. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer with a workers' compensation practice asked whether benefits obtained for a client could be made payable solely to the client but mailed to the lawyer's office. The committee distinguished lump-sum awards from ongoing weekly temporary disability benefits, which it described as sustenance-level wage replacement.
With the client's consent, the committee permitted a lump-sum draft for past or future permanent partial disability or past-due temporary total disability to be mailed to the lawyer. It also said contingent fees could be taken from weekly benefits with the client's consent and agreement, but the lawyer should not insist on receiving current weekly drafts. Its conclusion assumed that the lawyer would release a client-payable draft on request if the client disputed the bill or insisted on receiving the draft without paying fees from its proceeds.
Currency note
This opinion was issued in 1994 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: Can a lump-sum benefit draft be mailed to the lawyer?
A: Yes, with the client's consent, if the draft is payable solely to the claimant. The opinion addresses specified lump-sum disability awards and past-due temporary total disability.
Q: What if the client disputes the fee and asks for the draft?
A: The committee's conclusion assumed the lawyer would release the client-payable draft on request.
Background and rules framework
The opinion revisited Vermont Opinion 91-17 on contingent fees for past-due disability benefits and discussed Professional Conduct Board Opinion 3 concerning fees from weekly benefits. It also referred to EC 2-20 and Workers' Compensation Rule 19(b).
Citations and references
Rules of Professional Conduct:
- Vermont Code of Professional Responsibility EC 2-20
- Vermont Workers' Compensation Rule 19(b)
Other opinions cited:
- Vermont Advisory Ethics Opinion 91-17
- Professional Conduct Board Opinion 3
See also
Source
- Landing page: Vermont Bar Association fees opinions
- Original PDF: Opinion 94-05
- Vermont Supreme Court rules history, “These rules apply to lawyer conduct after September 1, 1999.”
What do the rules say today, for your facts?
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