Would Vermont's ethics committee decide whether another lawyer's client contact must be reported?

Short answer Opinion 95-18 declined to judge the nonrequesting lawyer and said the requester had to decide whether unprivileged facts supported a good-faith belief of a reportable Code violation.
Bar
VTBAR
Issued
1995

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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.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A lawyer asked whether facts about another attorney's direct contact with the requester's represented client showed a DR 7-104 violation and triggered reporting under DR 1-103. The timing of the other lawyer's notice of representation was central to the question.

The committee said it issued advice about the requester's contemplated conduct, not judgments on lawyers who had not requested an opinion. The requesting lawyer had to review the unprivileged facts and decide whether they supported a good-faith or substantial belief that a violation occurred. If so, the former Code required a report; the committee would not make that assessment for the lawyer.

Currency note

This opinion was issued in 1995 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 committee find that the other lawyer violated DR 7-104?

A: No. It declined to judge the conduct of a lawyer who did not request the opinion.

Q: Who had to decide whether unprivileged knowledge justified a report?

A: The requesting lawyer had to assess the facts against the Code; the committee said that decision could not be delegated to it.

Background and rules framework

The opinion discussed former DR 7-104(A)(1)'s restriction on contacting represented persons and DR 1-103(A)'s duty to report unprivileged knowledge of violations. It cited Opinion 87-8's good-faith or substantial-belief threshold.

Citations and references

Rules of Professional Conduct:

  • Vermont Code of Professional Responsibility DR 7-104(A)(1), DR 1-103(A), and DR 1-102(A)

Other opinions cited:

  • Vermont Opinions 87-8, 90-9, and 92-10, reporting standards and protected information

See also

Source

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