Could Vermont Child Support Office contract counsel represent private clients adverse to that office?
Apply this to your situation
This page answers the general question as of 1996. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer considered a contract to represent the State Office of Child Support and also wanted to represent private clients in other cases involving that same office. The office proposed limited record access for matters in which the contractor had a private-client conflict.
The committee found a conflict when the contractor represented a private client against the very office the lawyer served. Under DR 5-105, it permitted such work only if the office and the private client both consented after full disclosure of the possible effect on the lawyer’s independent judgment.
The opinion distinguished a city solicitor’s official role and warned that taking a legal position contrary to one previously advanced for another client could pose a separate problem.
Currency note
This opinion was issued in 1996 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 Treat this page as historical context, not current guidance.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: Was a contract attorney free to represent clients against the office without consent?
A: No. The committee required informed consent from both the office and private client.
Q: Did the office’s proposed record access restriction alone resolve the conflict?
A: The opinion did not treat it as enough; its conclusion required both clients’ consent after full disclosure.
Q: What separate issue did the committee flag?
A: It warned about taking a legal position contrary to one previously advanced for another client.
Background and rules framework
The opinion applied former Code DR 5-105 on differing client interests. It discussed Vermont Opinion 81-7, Vermont Opinion 92-15, and ABA Informal Opinion 691.
Citations and references
Vermont Code of Professional Responsibility:
- DR 5-105
Other opinions cited:
- Vermont Opinions 81-7 and 92-15; ABA Informal Opinion 691
See also
Source
- Landing page: VBA conflict of interest opinions
- Original PDF: Vermont Advisory Opinion 96-04
- Rules history: Vermont Rules of Professional Conduct, “These rules apply to lawyer conduct after September 1, 1999.”
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