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 a law school's alumni directory list Vermont lawyers' areas of concentration or specialization?
Opinion 79-17 permitted listings of practice concentrations but rejected specialist designations outside former DR 2-105(A)'s stated exceptions, where the directory could confuse a preferred field…
Could a Vermont lawyer sell title insurance as an agent, including to a legal client, and keep the commission?
The opinion allowed the agency role with full disclosure and client consent, and did not require a direct fee credit, but required the commission to be considered when setting the legal fee.
Could a Vermont lawyer defend a land buyer when the lawyer might also testify about the closing?
Opinion 79-14 rejected continued representation on the stated facts because no advocate-witness exception was established; lower fees alone did not show unreasonable client hardship.
Could a Vermont firm list paralegals and law clerks on its letterhead?
Opinion 79-13 allowed names of nonlawyer staff on firm letterhead when the listing was not deceptive, made their nonlawyer status clear, and supplied information relevant to choosing counsel.
Could an elected state's attorney also serve on Vermont's Public Service Board?
Opinion 79-12 concluded that an elected state's attorney could not also serve on the Public Service Board. Board membership would prevent the official from performing some statutory advocacy duties…
Could lawyers participate in the PLEAS group legal services plan, and could its directory list practice fields?
Opinion 79-11 found the proposed PLEAS plan appeared to satisfy the former Code's group legal services conditions, subject to stated clarifications and safeguards for lawyer independence. Its…
Could a law firm join a contractors' association and represent its members?
Opinion 79-09 found no Code violation in the simple fact of associate membership in the Associated General Contractors of Vermont or representation of other members. It identified possible…
Could a lawyer represent a party after the lawyer's judge spouse had earlier handled part of the case?
Opinion 79-07 permitted the representation on its stated assumptions, including that the judge was no longer involved and would disqualify from further proceedings. The lawyer also had to be able to…
Could a lawyer associated with the lease drafter represent a landlord in an eviction under that lease?
Opinion 79-06 said the lease drafter should not represent the landlord against the tenant, whom the drafter also represented when preparing the lease. It also found the drafter's affiliated lawyer…
Did a special counsel to the governor have to end a simultaneous corporate consulting engagement?
Opinion 79-05 found no conflict requiring withdrawal merely from the two contracts. It said a conflict could arise in a particular matter and would require review of that matter under DR 5-105.
Could trial counsel interview a juror after trial while the juror remained on the current panel?
Opinion 79-03 permitted a posttrial interview about the juror’s reaction or possible misconduct, subject to limits on harassment and embarrassment. It warned that contact before panel service ended…
Could a Vermont state's attorney threaten or bring criminal charges to collect a private debt for a complainant?
Opinion 79-02 categorically rejected criminal prosecution used solely to collect a third person's private debt. The prosecutor's charging decision had to serve state law-enforcement purposes, not…
Could one lawyer fully represent both buyer and seller in an ordinary arm’s-length real estate sale if both consented?
Opinion 78-04 said full dual representation of buyer and seller in an ordinary arm’s-length real estate sale violated the former Code even with consent. It left the effect of limiting one party’s…
Could a lawyer who had represented both spouses represent the wife against the husband in a later divorce?
Opinion 78-03 said the lawyer could not represent the wife against the husband in a divorce involving issues substantially related to the lawyer's earlier work for him and for the couple.
Was a firm disqualified because its paralegal had worked in a clinic representing the opposing party?
Opinion 78-02 said the firm's work could continue on the stated facts if the paralegal did not participate in the matter at the firm or disclose confidential information to its lawyers. It treated…
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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.