May a Vermont lawyer write city officials about matters outside a client's separate lawsuit against the city?

Plain-English summary

At a client's request, a lawyer wrote to a mayor, council members, and city manager about access to council chambers, city expenditures, counsel's attendance at meetings, and insurance coverage. The client had a separate lawsuit against the city, handled by a different lawyer, but the letters did not concern that litigation.

The committee read former DR 7-104(A)(1) as limiting direct contact about the subject of a representation with someone represented in that matter. It found the officials were not represented by city counsel on the matters in the correspondence, so the municipality's general retention of counsel did not bar the letters. The opinion also discussed then-proposed Model Rule 4.2 as substantially similar.

Currency note

This opinion was issued in 1996 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 a separate lawsuit against the city bar these letters?

A: No. The committee said the letters concerned matters outside that litigation and the requesting lawyer did not represent the client in the suit.

Q: Did the city's general lawyer make every official a represented person on every civic topic?

A: The committee said no for these subjects, because city counsel did not represent the officials on the matters raised in the letters.

Background and rules framework

The opinion applied former DR 7-104(A)(1)'s subject-of-representation limit and discussed proposed Model Rule 4.2. Its conclusion depended on the correspondence being unrelated to litigation and outside matters for which the officials had counsel.

Citations and references

Rules of Professional Conduct:

• Vermont Code of Professional Responsibility DR 7-104(A)(1)
• ABA Model Rule 4.2, discussed before Vermont adoption

See also

• Vermont Ethics Op. 00-06: Statutory tenant notice
• Vermont Ethics Op. 01-01: Alternative counsel

Source

• Landing page: Vermont Bar Association adverse-contact opinions
• Original PDF: Opinion 96-06
• Vermont Supreme Court rules history, “These rules apply to lawyer conduct after September 1, 1999.”