Public Office

97-14 Lawyer A must withdraw from any further participation as a member of a municipal zoning board in all proceedings related to a particular conditional use application, where Lawyer B, a member of Lawyer A’s firm, represents clients who have challenged the zoning board’s jurisdiction to reconsider an earlier decision that had been favorable to the…

Public Defender

96-02 It is permissible for an assigned attorney to represent a criminal defendant even though the defendant (a) is subject to payment of a fee to a special fund for Public Defenders only upon being found guilty of an offense (DWI cases), and (b) may be required to pay part or all of the costs…

Professional Responsibility Committee

04-01 If an attorney is aware of facts that raise a substantial question as to another attorney’s honesty, trustworthiness or fitness as a lawyer, then that attorney must report the facts and conduct to the Vermont Professional Responsibility Program. Each attorney must make that determination based on the applicable Rule of Professional Conduct. The Professional…

Prepaid Legal Services

97-07 Funds prepaid by a client for future legal services must be placed in a client’s trust and cannot be co-mingled with the attorney’s business funds. The attorney can access only that portion of the retainer which compensates the attorney for services previously rendered or costs incurred in the course of that client’s representation. An…

False Testimony of Client

95-07 Where a client knowingly testifies falsely regarding a material matter and where the case remains pending before the court for decision when the client’s attorney learns that the client testified falsely, the attorney has a duty to call upon the client to reveal the false testimony to the court prior to the court’s decision,…

Electronic Documents

09-01 “Metadata” refers to electronically stored information about electronic documents. Metadata often is included in files that are stored electronically. It may be apparent on the face of an electronic document, or may be hidden. Some metadata may be innocuous and unimportant, revealing basic information about dates an electronic file was created and edited. On…

Plea Bargains

95-04 An attorney may not recommend that a client enter into a plea agreement in a criminal case that contains provisions waiving post-conviction rights or remedies that would be based on allegations of ineffective assistance of counsel or prosecutorial misconduct.

Partnership

96-08 A law firm may not create an employee stock ownership plan (“ESOP”) using the stock of the law firm. Such a plan would be contrary to the Disciplinary Rules regarding lawyers engaging in the practice of law with non-lawyers. The Disciplinary Rules prohibit the ownership of any interest in a law firm by non-lawyers.…

Paralegal

02-02 If a law firm uses a nonlawyer (here, an independent paralegal service) to assist it in providing legal services to its clients, and other law firms use the same nonlawyer, will conflicts of interest be imputed between the nonlawyer and the law firms? 01-05 A legal assistant, paralegal, or four-year law clerk may not…