Jury
79-03 Attorney interviewing juror after a criminal or civil trial prior to end of juror’s service on current jury panel
Workers Compensation
04-02 When a lawyer sends a request for medical records to a healthcare provider based on a limited medical authorization, the covering letter must not mislead the healthcare provider as to the scope of the authorization. Although a lawyer has the duty to use legal procedure for the full benefit of a client, a lawyer…
Zealous Representation
97-06 Newly enacted H.70 criminalizes the refusal of a motor vehicle operator to take an evidentiary test for alcohol in specified circumstances. Counsel for such an operator may not advise the client to refuse to take the evidentiary test, but may advise the client of the legal consequences of taking or refusing the evidentiary test…
Witnesses
14-01 A licensed attorney employed by a state department as an investigator cannot serve both as a witness in an administrative hearing and as an advocate presenting the case in lieu of department legal counsel consistent with V.R.P.C. 3.7 if the attorney is a necessary witness in the hearing and is testifying about a contested…
Withdrawal from Representation
06-01 With regard to a client whom a lawyer reasonably believes cannot adequately act in her own interest, a lawyer must maintain as far as possible a normal client-lawyer relationship but may take action to protect the client including seeking appointment of a guardian. The lawyer may consult with an appropriate diagnostician with regard to…
Vermont Legal Aid, Inc.
91-06 Information constituting secrets or confidences contained in the client files maintained by a special project of the Vermont Legal Aid project may not be disclosed to federal monitors examining the files of the project.
Vermont Bar Association
87-12 Pursuant to Disciplinary Rule 2-103 (C), a lawyer may pay the usual charges of a not-for-profit lawyer referral service
Unauthorized Practice of Law
13-02 A Vermont licensed attorney may represent residents of Vermont and other states in administrative proceedings before the Social Security Administration Office of Disability Adjudication and Review as may an attorney not licensed in Vermont represent Vermont residents in such proceedings. 08-03 Lawyer’s proposal to share fees with a nonlawyer (mortgage broker) representing clients seeking…
Title Insurance
04-03 An attorney may not simultaneously represent a client who is selling a parcel of real property and provide limited representation to the buyer of the same real estate by providing a title insurance policy to such buyer. The scope of the obligations inherent in issuing the title insurance policy creates a contemporaneous conflict of…
State Government
07-04 1. A newly hired deputy state’s attorney must not disclose any confidential information learned by him or her concerning clients of the law firm for which the deputy had formerly worked. 2. A newly hired deputy state’s attorney must not participate in the prosecution of any case in which he or she had taken…