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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Could Vermont Legal Aid give federal funding monitors access to identifiable client files?
Opinion 91-06 barred unrestricted access to identifiable client files. Monitors could review information relevant to financial eligibility if identifying details and other confidences or secrets…
What independence did Vermont's Defender General owe to clients if political officials could influence the office?
Opinion 91-05 says the Defender General must administer defense services free of political direction and protect each defender's independent judgment, regardless of the officeholder's appointment or…
Could a Vermont lawyer represent two unrelated clients who might testify in each other’s matters, report a crime, and interview an adverse witness?
Opinion 91-04 allowed the separate representations after disclosure and consent absent a likely conflict; it also permitted the stated good-faith police report and interview of a reasonably believed…
Could a discharged lawyer withhold the client’s file while seeking a contingent fee or asserting a lien?
Opinion 91-03 required delivery of papers and property the client was entitled to receive, and said the lawyer could not delay withdrawal or prejudice the client by withholding the file. It declined…
Could Vermont lawyers appear in Yellow Pages practice-field listings?
Opinion 91-02 allowed lawyers to list themselves by field of concentration in the Yellow Pages when a prominent disclaimer explained that lawyers chose their own field listings.
Could a Vermont firm hire a lawyer whose spouse worked at an agency regulating a firm client?
Opinion 91-01 allowed the hire on the stated facts because marriage alone did not disqualify the lawyer, while requiring a case-specific conflict analysis and consent for unrelated representations.
Must a Vermont lawyer report a prior lawyer's unprivileged neglect and deception before settling the client's claim against that lawyer?
Opinion 90-09 says unprivileged knowledge of the stated misconduct triggered a report to the Professional Conduct Board and called for reporting before settlement talks.
Could one Vermont lawyer represent both a residential borrower and the mortgage lender, or provide the lender with title work while representing only the buyer?
The opinion barred simultaneous borrower-lender representation even with consent, but allowed buyer's counsel to provide title insurance, a proposed mortgage deed, and similar items to the lender…
Could a Vermont lawyer continue a divorce modification case when another current client was likely to testify for the opposing spouse?
Opinion 90-07 said counsel should seek leave to withdraw from the divorce matter because cross-examining the other current client would likely impair loyalty, and might also need to end the other…
Could a Vermont adoption agency’s lawyer assist birth and adopting parents with counseling and routine documents?
Opinion 90-06 allowed assistance on behalf of the agency after disclosure of the lawyer’s role and potential conflicts, agency consent, and no added parent-paid fee; if conflict or dispute arose,…
Could Vermont lawyers admit a law firm client into their separate real estate development partnership?
Opinion 90-05 found the proposed partnership ethically permissible on the stated facts because interests did not differ, the client had independent counsel, and the lawyers would not represent the…
Could a Vermont lawyer serving as executor select a charity led by the lawyer's clients to receive estate funds?
Opinion 90-04 found no Code violation on the stated facts and treated the executor's disclosures to the probate court and named beneficiaries as reasonable precautions against an appearance of impropriety.
Could a professor unlicensed in Vermont consult for a Vermont lawyer on client matters?
Opinion 90-02 permitted consultation and research for the licensed lawyer if that lawyer supervised and verified the work and remained responsible for client advice. The Vermont lawyer was to pay…
Could the Vermont Attorney General defend a state agency against a discrimination claim investigated by the Human Rights Commission?
Yes. The legislature placed investigation and enforcement in the separately counseled Commission, so the Attorney General had no multiple employment or access to its confidential information.
Must defense counsel correct a prosecutor's mistaken statement about restitution when the doubt comes only from a client confidence?
Opinion 89-17 found no duty to reveal the client's protected statement on the stated facts, where counsel repeated the prosecutor's position accurately and did not present false evidence.
Could a town zoning board member represent the town on a de novo appeal from the board’s decision?
Opinion 89-16 permitted the representation on the stated facts: the town’s position matched the board’s, the lawyer had no personal stake, and it was not apparent that the lawyer needed to testify.
Could a Vermont lawyer represent a new applicant in a regulatory proceeding where a former client was a competing party?
Opinion 89-15 allowed the new representation because the former acquisition work was not substantially related to the current proposals and the lawyer had learned no former-client secrets or…
May a Vermont lawyer accept credit cards for legal services and expenses?
Opinion 89-10 permits credit card payment for legal services and expenses under the former Code, with charges for services rendered or cash paid on a client's behalf and protection of client confidences.
Could Vermont agency lawyers enforce child support against a parent who had used the agency's payment service?
Opinion 89-08 permits agency-only representation on the stated agreements because neither parent's administrative dealings created an attorney-client relationship with the agency lawyers.
Must a Vermont prosecutor disclose after conviction that a State expert gave a technically wrong answer on an essential element?
Opinion 89-06 requires disclosure when the corrected answer could arguably negate an essential element, leaving harmless-error and remedy questions to the court.
Could a former Vermont agency lawyer represent a public-interest group concerning a project reviewed conceptually during state service?
Yes. General policy review without material personal involvement in an investigation, deliberation, case, or controversy was not substantial responsibility in the later site-specific matter.
Could a Vermont lawyer continue a civil case when a paralegal also worked in court diversion involving a defendant's relative?
Opinion 89-04 allowed the lawyer to continue on the stated facts because the paralegal had disclosed no diversion confidences and the cited Code duties did not extend to the paralegal; the diversion…
Must a lawyer tell an insurer that a personal-injury claimant died while future pain-and-suffering claims remain in settlement talks?
Opinion 89-02 required disclosure of the claimant's death because keeping it from the insurer would misrepresent the basis for asserted future pain and suffering. It did not announce a general duty…
Could a lawyer use information learned about a former client’s child to defend a current client?
Opinion 89-01 required the lawyer to decide whether the information was a former-client secret under DR 4-101. If disclosure would embarrass or likely harm the former client, the lawyer could not…
Could outside counsel for a Vermont state agency oppose a board represented by the attorney general's office?
Opinion 88-13 permits the agency lawyer to continue on the stated facts because the lawyer was not an assistant attorney general and had no board-client relationship or access to the attorney…
Could a Vermont firm sue former clients in a dispute unrelated to earlier work for them?
Opinion 88-12 allowed the suit where the earlier matters were not substantially related and no former-client secrets or confidences could be used, but required withdrawal if collection would rely on…
Could a Vermont lawyer list CPA, financial planner, and engineer credentials on firm letterhead and advertising?
Opinion 88-10 allows a lawyer actually qualified in those professions to list the credentials, after deletion of former DR 2-102(E), if the listing is not false or misleading under DR 2-101.
Could a Vermont lawyer serve as a part-time county prosecutor while the lawyer’s firm defended criminal cases in other counties?
Opinion 88-09 said the prosecutor could not remain in the defense firm because the prosecution and defense roles were inherently opposed and the public could not consent to the conflict.
Could a Vermont attorney serving as executor sell estate property to an associate in the attorney’s firm?
Opinion 88-08 found the sale was not barred on the stated independent appraisal, full disclosure, and required approvals, while expressing concern about its appearance to the public.
Could Vermont defense counsel continue when a former juvenile client might testify for the prosecution?
Opinion 88-07 permitted continued defense representation if no relevant former-client confidences or material financial interest affected counsel, adequate representation was obvious, and both…
Could a public defender use independently gathered evidence of a deceased former client's violent reputation in a murder defense?
Opinion 88-06 permitted the evidence on the stated facts because it came from independent witnesses and public records, not from the prior lawyer-client relationship. The committee distinguished…
Could a Vermont lawyer mail office-opening announcements naming practice areas to prospective clients?
Opinion 88-05 permitted a general mailing to people with a general connection to the named practice areas and allowed the lawyer to identify intended concentrations. It distinguished mailings aimed…
Could a law firm’s nonlawyer assistant represent its manufacturer client at Motor Vehicle Arbitration Board hearings?
Opinion 88-04 said the proposed appearances would be unauthorized practice of law and the firm would aid it under DR 3-101(A). The client’s ability to appear through its own employees did not…
Under Vermont Opinion 88-03, what limits applied to selling a law practice and notifying its clients?
Opinion 88-03 concluded that the firm's goodwill could not be sold under the ethical principles it applied. The departing lawyer had to notify clients of their choice of counsel and access to their…
Could Vermont murder defense counsel continue when a former client would testify for the prosecution and counsel knew her confidences?
Opinion 88-02 required withdrawal unless the former client consented after disclosure to use protected information and both former and current clients consented to the conflict, with adequate…
Could a Vermont public defender firm represent a murder defendant when the alleged victim was its former client?
Opinion 88-01 required withdrawal because the proposed self-defense case would reveal the deceased former client's protected secrets, which survived death and could not be waived by next of kin.
Could a Vermont lawyer represent debtors when a possible bankruptcy creditor was a close friend and distant relative of another firm lawyer?
Opinion 87-20 allowed the representation after disclosure and client consent on the stated absence of any actual risk of unfairness, even if the friend later became a creditor.
Could a Vermont agency lawyer represent both the agency and an individual in collecting money owed to each?
Generally no. Agency policy subordinating its claim and individual consent did not make adequate dual representation obvious; limited joint representation was allowed only when federal law made both…
Could a Vermont firm foreclose for a lender against a former client whom it represented in the property purchase?
Opinion 87-18 disqualified the lawyer and firm from the foreclosure because it arose from the same purchase and mortgage transaction; the committee said client consent could not cure the divided loyalty.
Must a Vermont criminal-defense lawyer disclose an unrelated bank statement supplied by a client's relative to prosecutors?
Opinion 87-17 found no duty to disclose a bank statement unrelated to the charges, directed its return to the client, and found no reason to withdraw while the client wanted continued representation.
Could a Vermont prosecutor require a guilty rather than nolo plea solely to help a victim’s later civil case?
Opinion 87-16 said a prosecutor could not insist on a guilty plea when the sole motive was to give the victim an advantage in civil litigation.
Could a Vermont firm represent a real estate client adverse to the spouse of its paralegal?
Opinion 87-15 found no automatic disqualification on those facts, but required disclosure of the relationship, client consent, and protection of confidential information by screening the paralegal…
Could a Vermont lawyer represent a wife in guardianship after withdrawing from joint probate representation of her and her husband?
Opinion 87-14 said no: the related guardianship could require use of information gained from the former husband, and the committee found a troubling appearance of impropriety even if consent were…
Could a Vermont lawyer take a mortgage on a client's home to secure future legal fees?
Opinion 87-13 permitted a mortgage to secure earned or anticipated legal fees and expenses, but rejected a mortgage unrelated to fees taken to frustrate the client's judgment creditors.
Could a lawyer pay the Vermont Bar’s nonprofit referral service a percentage of a referred fee?
Opinion 87-12 allowed a lawyer to accept a referral and pay the service its usual charge, including the stated ten-percent share of any resulting fee, under amended DR 2-103(C).
Could one Vermont firm represent a bank and its loan originator when originator employees would testify in a lien dispute?
Opinion 87-10 rejected joint representation because employee testimony could expose the originator to a future claim by the bank, dividing counsel’s loyalty; the committee said consent would not…
What does a Vermont lawyer do with an unearned retainer balance when the former client cannot be located?
Opinion 87-09 says the unearned balance remains client property in trust and, if unclaimed seven years after it should have been refunded, is handled under Vermont's unclaimed-property law.
Must a Vermont lawyer report a good-faith belief that opposing counsel secretly contacted the lawyer's represented client?
Opinion 87-08 required a report on the stated facts and said the lawyer need not investigate or finally decide misconduct before informing the authority empowered to investigate.
Could a Vermont defense firm continue a case after hiring a state lawyer who had worked on that case for the Attorney General?
Opinion 87-07 allowed the firm to continue if the former government lawyer was fully screened from the matter and its fees, the former public agency approved the screen, and the stated client consent held.
Could a Vermont law firm associate represent a lawyer in the same firm who was a defendant and likely witness in a civil case?
Opinion 87-06 allowed the associate to represent the lawyer-party because the lawyer would testify as a party and would not act as trial advocate.
Could a former Vermont state commission member lobby for an industry company on the issues he handled in government?
Opinion 87-04 barred the proposed private lobbying because the lawyer had substantial responsibility for the same matter as a public employee and the new work raised appearance concerns.
Could a Vermont real estate lawyer also sell title insurance to the client as the insurer’s agent?
Opinion 87-03 allowed the dual role with informed consent and adequate representation of both clients, while requiring competent product advice and reasonable fees and flagging a possible statutory…
Could a Vermont lawyer participate in a for-profit prepaid legal service plan under the former Code?
Opinion 87-02 allowed participation after deletion of the former categorical ban if the plan preserved independent judgment, confidentiality, competence, and compliant advertising, solicitation, and fees.
May a lender require the borrower to pay the lender's lawyer in a loan transaction?
Opinion 87-01 found no ethics objection when the lender required the borrower to pay its lawyer's fee, provided the borrower was clearly told that the lawyer represented only the lender.
How did Vermont Opinion 86-07 address an agency lawyer’s conflicts between the agency and service recipients, client fraud, and a large caseload?
Opinion 86-07 rejected conflicting simultaneous representations, barred disclosure of a client’s pre-representation fraud learned in confidence, and required adequate work despite a caseload of 2,000.
Could a Vermont city grand juror prosecute defendants represented by a defense lawyer who also served as a city alderman?
Opinion 86-06 found no ethical bar to the prosecutor’s work on the stated facts because the prosecutorial role did not create competing interests with the lawyer’s legislative city role.
May a Vermont lawyer continue representing a custody client who left the state in violation of a visitation order?
Opinion 86-05 says the lawyer may continue representation without actively assisting the client's misconduct or misrepresenting that the client remains in Vermont.
Would Vermont's ethics committee decide whether another law firm could hold client files over a fee dispute?
Opinion 86-04 declined to answer questions about a former firm's file release and fee demands because the conduct belonged to lawyers who had not requested advice. The committee limited its advisory…
May a Vermont legal-services organization warn potential victims about violent threats made during an intake interview?
Opinion 86-03 permits the organization and interviewer to warn potential victims of a client or applicant's threats under former DR 4-101(C)(3), but declines to set a general threat-assessment duty.
Could a Vermont law office rehire a former state employee while handling cases adverse to the state?
Opinion 86-02 allowed the hire and continued cases because the lawyer had no substantial state responsibility in them and, on the stated assumption, held no state confidences or secrets.
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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.