Could one lawyer evaluate a family matter while another mediates it at the same Vermont clinic?
Apply this to your situation
This page answers the general question as of 1995. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
Two lawyers proposed a dispute-resolution clinic offering neutral evaluations and mediation, assisted by paralegals preparing family-court documents. The committee assumed both parties would attend the evaluation and understand the relationship between the two lawyers.
On that basis, the committee saw no reason why one lawyer could not evaluate a matter and the other mediate it. It also allowed paralegals to gather information and prepare documents such as pleadings and affidavits, provided a lawyer oversaw their accuracy under DR 3-101(A).
The committee cautioned against automatically drafting settlement agreements that parties had reached themselves. It considered independent review by each party’s own lawyer the appropriate course before execution.
Currency note
This opinion was issued in 1995 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 Treat this page as historical context, not current guidance.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: Could the two clinic lawyers divide evaluation and mediation?
A: Yes, on the assumption that both parties attended evaluation and understood the lawyers’ relationship.
Q: Could paralegals prepare court documents?
A: Yes, if lawyers supervised the work and checked document accuracy.
Q: What did the committee say about settlement agreements?
A: It urged caution about drafting them and favored independent legal review for each party before signing.
Background and rules framework
The opinion applied former Code DR 3-101(A) on aiding unauthorized practice and cited Vermont Opinions 78-4 and 89-15 concerning representation of opposing parties.
Citations and references
Vermont Code of Professional Responsibility:
- DR 3-101(A)
See also
Source
- Landing page: VBA conflict of interest opinions
- Original PDF: Vermont Advisory Opinion 95-10
- Rules history: Vermont Rules of Professional Conduct, “These rules apply to lawyer conduct after September 1, 1999.”
What do the rules say today, for your facts?
This opinion is from 1995. 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