Vermont Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Vermont Bar Association, with full citations and source links on every page.
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Would Vermont's ethics committee decide whether another lawyer's client contact must be reported?
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.
Could a plaintiff’s lawyer interview top officers of an employer involved in a related workers’ compensation claim?
Opinion 95-17 required consent from counsel for the employer’s workers’ compensation insurer before contacting the employer’s top administrative officers about the injury. It did not require consent…
Could a former client's limited permission to speak to an adverse person let a subpoenaed lawyer disclose client confidences later?
Opinion 95-16 says the earlier, narrow investigation permission was not full-disclosure consent to later testimony, so the lawyer had to decline absent new consent or a court order.
Could a Vermont lawyer share space and work with a financial planner while running a separate law practice?
Opinion 95-15 found no per se bar but declined to approve the specific arrangement without fuller facts. It identified confidentiality, independent judgment, misleading presentation, solicitation,…
Could lawyers from opposing Vermont firms partner briefly to purchase and divide an office building?
Opinion 95-14 found no conflict where only lawyers owned a partnership solely for the building transaction, the firms stayed separate, and the partnership ended after the condominium units were sold.
Could a lawyer represent a wife in divorce after representing her husband on an unrelated criminal charge years earlier?
Opinion 95-13 found no required withdrawal on the stated facts: the matters were unrelated and the lawyer retained no information from the former representation that could disadvantage the husband.…
May a Vermont lawyer charge a contingent fee to collect overdue child support or spousal maintenance after divorce?
Opinion 95-12 permits a contingent fee for collection of overdue support after a final divorce, with court disclosure of the fee arrangement; a fee on future support must be a reasonable percentage…
Could a Vermont settlement bar plaintiff's counsel from representing future claimants against the defendant?
Opinion 95-11 said the proposed restriction on future representation violated former DR 2-108(B). The committee applied the prohibition to both accepting and demanding such a settlement condition.
Could one lawyer evaluate a family matter while another mediates it at the same Vermont clinic?
Opinion 95-10 allowed separate lawyers to perform neutral evaluation and mediation with both parties informed of the relationship. It allowed supervised paralegal document work and urged care with…
What could lender-side counsel say to an unrepresented Vermont borrower at closing?
Opinion 95-09 required lender-side counsel to avoid implying that counsel represented the borrower; when the borrower asked a legal question, counsel was to direct the borrower to separate counsel.…
Must a Vermont lawyer disclose an adverse medical opinion obtained for a Social Security disability claim?
Opinion 95-08 says an adverse medical opinion is not automatically material or disclosable; good-faith rejection, materiality, and any direct ALJ production request govern the analysis.
What did Vermont Opinion 95-07 require when a lawyer learned a client gave material false testimony before the court ruled?
Opinion 95-07 required the lawyer to ask the client to correct the false testimony and, if the client refused, disclose it to the court before decision. The committee treated the deception as…
To whom may a Vermont lawyer deliver a deceased client's file when the executrix requests it?
Opinion 95-05 says the lawyer must turn over the deceased client's papers and property to the executrix or her lawyer on request, with no ethical obligation to deliver them to another person.
Could a Vermont defense lawyer recommend a plea agreement waiving later ineffective-assistance claims?
Opinion 95-04 said the defense lawyer should not recommend a plea term cutting off post-conviction ineffective-assistance claims, because it could limit the lawyer's liability for malpractice under…
Could a Vermont borrower’s lawyer also act as the lender’s closing agent in the same loan?
Opinion 95-03 said no under the former Code, finding that the lender-agent role compromised independent representation of an unrepresented or unsophisticated borrower. The committee revised its…
Could a Vermont lawyer join a for-profit referral service without paying for referrals?
Opinion 95-02 found no Code violation in the described for-profit referral service because participating lawyers paid no fee, clients chose and paid their lawyers directly, and the service did not…
Must a Vermont lawyer pay a medical provider from settlement funds without a proven lien or payment agreement?
Opinion 95-01 found no ethics violation when the lawyer paid known claimants and the client but did not pay a chiropractor who had shown no enforceable lien or agreement and had received no payment…
Could a Vermont lawyer advertise a 10 percent hourly-rate discount or a free initial consultation?
Opinion 94-13 allows both offers, but warns that omitting the underlying hourly rate or the consultation's duration could make the advertisement misleading.
Could a Vermont lawyer advertise concentrations in more than one field of law?
Opinion 94-12 allowed a lawyer or firm to advertise concentration in multiple fields under former DR 2-105, subject to DR 2-101's ban on false or misleading claims and its requirement that quality…
Could a Vermont firm sue a foster agency after a partner received confidential facts when the agency sought counsel for a ward?
Opinion 94-10 required the firm to withdraw from the related claim absent the agency's consent, despite no formal representation of the agency or ward.
Could a Vermont firm require an attorney to sign a broad agreement barring future use of firm-designated information?
Opinion 94-09 rejected the broad agreement because it reached a departing lawyer's memory and experience, while allowing narrowly drawn protection of genuine firm materials.
Could a Vermont lawyer act only for a mortgage lender at a closing without also representing the borrower?
Opinion 94-08 allowed a lender-paid lawyer to handle the lender's closing work if the lawyer did not directly or indirectly represent the borrower. The borrower had to understand the lender-only…
Could a tenant's lawyer pursue wages and a home to collect a judgment from former landlords?
Opinion 94-07 said counsel had to pursue reasonably available collection methods if the client directed it and the objective was collecting the judgment rather than solely harassing or injuring the…
Could a Vermont lawyer call a property owner to seek legal work after seeing the owner's for-sale advertisement?
Opinion 94-06 says the sale advertisement was not an initial request for legal services, so former DR 2-104 barred the lawyer's proposed solicitation call while allowing contact by letter.
May a Vermont lawyer have a client's workers' compensation benefit draft mailed to the law office?
Opinion 94-05 permits a lump-sum benefit draft payable solely to the client to be mailed to the lawyer with the client's consent, but says the lawyer should not insist on receiving current weekly…
Could counsel charge a contingent fee on current temporary total disability benefits?
Opinion 94-04 permitted a contingent fee calculated on current or overdue benefits if reasonable and not excessive. It distinguished that calculation from ongoing deduction of fees from each benefit…
May a Vermont defense lawyer interview a represented, unindicted co-conspirator witness without that person's lawyer's consent?
Opinion 94-03 requires the witness's lawyer's consent because the witness is represented in a closely related appeal arising from the same alleged conspiracy.
Could a Vermont town zoning lawyer defend alleged zoning violators in other towns?
Opinion 94-02 permitted that work on the stated assumption that the lawyer took no conflicting positions on identical legal issues; matters in other municipalities were not substantially related to…
Could a Vermont lawyer prepare estate documents for customers of a financial-planning company that gathered information and paid the lawyer?
Opinion 94-01 concluded the arrangement may facilitate unauthorized practice and might involve impermissible fee sharing or third-party payment that affects independent judgment.
Could a Vermont firm represent a town on a bridge permit after a partner gave an opponent advice about the same project?
Opinion 93-11 required withdrawal because the partner's prior advice protected the opponent's information and was substantially related to the town's later Act 250 matter.
Could a Vermont lawyer operate a real estate brokerage from the law office and mention legal experience in brokerage ads?
Opinion 93-10 allowed the lawyer's brokerage and law practice to share an office and allowed truthful ads mentioning the lawyer's legal experience. Its facts assumed the lawyer did not represent…
Could Vermont wrongful-death counsel continue the estate’s appeal and distribution case after ceasing to represent one heir?
Opinion 93-08 allowed counsel to continue the estate’s appeal and distribution matter after leaving the father’s representation, but barred representation of an individual heir in a contested distribution.
Could a Vermont lawyer tell a former minor client or probate court that the minor's parents had lost guardianship funds?
Opinion 93-07 says the information learned from the parents in a later representation remained protected, absent their consent after full disclosure or a court order.
Could a Vermont lawyer join lawyers and nonlawyers in a separate dispute resolution business?
Opinion 93-05 permitted the proposed mediation and arbitration business if it provided no legal services and used safeguards separating it from the lawyer's practice. The business was not to handle…
May a Vermont lawyer mail a state-court subpoena to an out-of-state criminal witness knowing the writ is unenforceable there?
Opinion 93-04 rejects using an unenforceable Vermont subpoena to mislead an out-of-state witness into believing attendance is compulsory, finding deception and misuse of court process.
Could a Vermont divorce lawyer represent the husband while the lawyer’s firm rented a mobile-home space to both spouses?
Opinion 93-03 allowed continued representation after full disclosure and the husband’s informed consent, unless the lawyer’s property interest or information learned could impair loyalty or…
What duties did a Vermont public defender have to existing and new clients during an involuntary unpaid furlough?
Opinion 93-01 required reasonable access or backup representation for existing clients at critical criminal stages despite an unpaid furlough. It did not require a furloughed defender to remain…
Could a Vermont lawyer represent a town in a tax appeal against an existing client from an unrelated case?
Opinion 92-15 found the adverse litigation representation improper when the current client objected, despite the matters being unrelated. It did not decide the lawyer’s separate lister-to-counsel question.
Did a Vermont defender’s partner’s friendship with State witnesses bar the defender from a criminal case?
Opinion 92-14 found no automatic Code conflict because the partner’s prior representation was unrelated. It called for disclosure of the friendship and withdrawal if the relationship impaired…
May a Vermont lawyer tell an employer client that an employee called about a possible discrimination claim against it?
Opinion 92-13 bars disclosure of the employee's confidential inquiry to the employer client; it allows later employer representation on the stated facts if no relevant secrets were received from the…
Could plaintiff’s Vermont firm keep a case after hiring the defendant corporation’s former secretary?
Opinion 92-12 allowed the firm to continue if it prevented case discussions with the secretary and avoided contacting the secretary about the case without defense counsel’s consent.
Could a Vermont lawyer defend a police chief in an unrelated suit despite objections by former clients who had disputes with the chief?
Opinion 92-11 permits the new representation because the former clients were not parties and the matters were unrelated, with no prospect of using their protected information.
Must a Vermont lawyer report another attorney's suspected misconduct if the information is a former client's confidence or secret?
Opinion 92-10 holds that the then-current reporting duty did not require disclosure of a client's protected confidence or secret without consent after full disclosure.
Could a Vermont lawyer advertise that the lawyer specialized in a practice area?
Opinion 92-09 said the proposed 'specializes in' advertisement violated former DR 2-105 absent the rule's patent, admiralty, or Vermont Supreme Court recognition exceptions. The lawyer could instead…
Could a public defender's office represent an accused person by blaming former clients for the crime?
Opinion 92-08 required the office to withdraw absent informed former-client consent when the defense would require using former clients' protected information to accuse them of the crime or related…
Could a Vermont municipal utility commissioner represent the state agency overseeing the utility’s regulatory setting?
Opinion 92-06 allowed the lawyer to represent the state agency on a transaction outside the utility’s participation after disclosure and consent from both bodies, with recusal from later commission…
Could a Vermont deputy state’s attorney prosecute a DWI case after witnessing the stop and being called as a witness?
Opinion 92-05 said the deputy should not prosecute a case in which the deputy would testify, but other lawyers in the prosecutor’s office were not automatically disqualified.
Could independent Vermont lawyers sharing office expenses appear as associates on one firm's letterhead?
Opinion 92-03 found that calling independent office sharers 'Associates' on a firm's letterhead misrepresented their relationship and violated the former rules. Office sharing itself was generally…
Where could a Vermont lawyer serving as assistant judge practice law, and did the restriction extend to affiliated lawyers?
Opinion 92-02 barred the assistant judge from practicing in the court and chambers where the lawyer sat, extended the restriction to courts where judicial duties created influence or impaired…
Could a Vermont bank trust officer who was also a lawyer prepare wills or trust documents for the bank’s customers?
Opinion 92-01 concluded the bank trust officer could not represent customers in preparing estate documents because loyalty to the bank would impair independent judgment, regardless of the fee…
May a Vermont lawyer take a contingent fee from past-due temporary total disability benefits in a workers' compensation case?
Opinion 91-17 permits a contingent fee limited to recovery of past-due temporary total disability payments, distinguishing ongoing weekly deductions criticized in a disciplinary board decision.
Could a Vermont firm defend an insurer in a coverage case after withdrawing from its insured’s personal-injury defense?
Opinion 91-16 said the firm should not defend the insurer because doing so could injure its former insured and use information learned during the earlier representation against that client.
Could a Vermont firm keep a partner's name in its title while the partner served full time in state government?
No. An open-ended state position expected to last at least eight months prevented active, regular firm practice and created possible confusion about the firm's influence.
Must a Vermont divorce lawyer disclose mutual funds inadvertently omitted from agreed financial discovery after settlement?
Opinion 91-14 requires disclosure of the omitted funds to opposing counsel because the parties agreed to complete asset disclosure and the discovery rule required correction of an inaccurate response.
Did a Vermont lawyer satisfy the former misconduct-reporting duty by telling the court about opposing counsel's conduct?
Opinion 91-13 says a report to the court handling the litigation satisfied former DR 1-103(A), assuming a good-faith belief of a Code violation; a second report to the discipline board was optional.
Could a consulting company’s lawyer give legal services to its customers while disclaiming a lawyer-client relationship with them?
Opinion 91-12 concluded the customers receiving legal services were the lawyer’s clients despite the disclaimer and identified conflicts, fee-sharing, and unauthorized-practice concerns.
Could a Vermont lawyer use a trade name and advertise a concentrated or restricted practice?
Opinion 91-10 allowed a trade name if it was not misleading or suggestive of a government or public legal-aid connection. It allowed a lawyer to say the practice was concentrated in or restricted to…
Did a Vermont plea hearing question or court form praising counsel create a client-confidence or malpractice-limitation ethics issue?
Opinion 91-09 found no Code issue in the stated plea question or court-issued form, because waived rights were not client secrets and the form was not a lawyer attempt to limit liability.
Could a Vermont lawyer who sat on a bank board represent a private client seeking a loan from that bank?
Opinion 91-08 allowed the representation if the lawyer took no part in the loan decision and fully disclosed the dual roles to the client and bank, with both parties consenting.
Could a buyer's lawyer sign the seller's declaration describing advice to the buyer and limiting possible later claims?
Opinion 91-07 said the buyer's lawyer should not sign the proposed declaration or counsel the buyer to sign it. The committee saw potential waiver of privilege, limitation of the lawyer's…
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Legal ethics opinions from the Vermont Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.