Could a tenant's lawyer pursue wages and a home to collect a judgment from former landlords?
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 tenant prevailed on a counterclaim against former landlords, but a portion of the judgment and awarded attorney fees remained unpaid after collection efforts. Counsel asked whether collection could continue against the wife's earnings and the couple's home.
The committee applied DR 7-101(A)(1), which required pursuit of a client's lawful objective through reasonably available means. It also applied DR 7-102(A)(1), which prohibited action known or obviously intended merely to harass or maliciously injure another. Counsel reported believing the tenant wanted payment of the judgment, rather than solely to harm the landlords.
On that premise, the committee said counsel had to pursue trustee process against earnings if counsel believed it available and the client directed it. The committee likewise addressed foreclosure of a presumed judgment lien if counsel believed it could reasonably advance collection and the client directed it.
Currency note
This opinion was issued in 1994 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 Treat this page as historical context, not current guidance.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 landlords’ financial situation alone end collection efforts?
A: No. The committee applied the client’s lawful collection objective and the prohibition on action merely to harass or maliciously injure.
Q: When did the opinion say to seek trustee process against wages?
A: If counsel believed trustee process could be obtained and the client directed it.
Q: What did the opinion assume about the home?
A: It assumed counsel had recorded a certified judgment order in the town land records, creating a lien; it discussed foreclosure only if counsel believed it could reasonably advance collection and the client directed it.
Background and rules framework
The opinion applied former DR 7-101(A)(1) on lawful client objectives and DR 7-102(A)(1) on action merely to harass or maliciously injure.
Citations and references
Vermont Code of Professional Responsibility:
- DR 7-101(A)(1); DR 7-102(A)(1).
See also
Source
- Landing page: VBA topic page
- Original PDF: Vermont Advisory Opinion 94-07
- Rules history: Vermont Rules of Professional Conduct, “These rules apply to lawyer conduct after September 1, 1999.”
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