Serving the Public and the Profession
06-06 (1) An assistant judge may practice law with a law firm and may include his name in the firm’s name and on its stationary so long as the assistant judge is regularly and actively practicing law with the firm. (2) An assistant judge may remain a member of an elected municipal school board to which…
08-03 Lawyer’s proposal to share fees with a nonlawyer (mortgage broker) representing clients seeking reduced mortgage payments is impermissible fee-splitting. Nor may Lawyer form an LLC with the nonlawyer, who would own a minority interest in the LLC and be an employee, because to do so could impair Lawyer’s independent professional judgment. It is likewise…
01-04 A prosecutor named as one of over 200 defendants in a frivolous civil lawsuit does not violate Rule 4.5 in continuing to prosecute a criminal action which was instituted against the plaintiff prior to the civil action. 97-14 Lawyer A must withdraw from any further participation as a member of a municipal zoning board…
95-10 One of two attorneys in a dispute resolution and legal services clinic may properly perform case evaluations for matters which will be mediated by the second attorney. Paralegals employed by the clinic may gather information and prepare such documents as pleadings and affidavits, provided they are subjected to attorney supervision. The clinic should exercise…
17-01An attorney inquires about ACH transfers into IOLTA accounts, citing experience with transfers being reversed thereby leaving insufficient funds in the account, and asks whether accepting ACH transfers into IOLTA accounts complies with the Vermont Rules of Professional Conduct. An attorney can take steps to minimize the risk of an overdraft in an IOLTA account…
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…
11-01 An attorney who is a principal owner of a separate online service for the organization and storage of personal information and documents may refer clients and others to the service provided that the attorney takes objectively reasonable measures to assure that the referred individuals know that this law related online services does not provide…
98-06 A lawyer who has represented both husband and wife in a number of matters may not thereafter represent the husband against the wife in a divorce where issues in the divorce representation will require the lawyer to do anything which would injuriously affect the former client in any matter. 85-05 An attorney who represented…
19-01 – Attorney for an estate executor is required to notify the Probate Court that funds listed on a final accounting filed by the attorney and referenced as being held by the attorney’s client, the executor, are unaccounted for. 14-04 Prosecutors have a responsibility to take reasonable steps to prevent law enforcement personnel from making…
15-01 When an attorney brings a claim for Social Security Disability Insurance (SSDI) benefits concurrently with a separate civil action, such as a Worker’s Compensation claim or tort action, the attorney must nevertheless produce in the SSDI proceeding, as required by the new final federal rules on the duty to produce evidence, “all evidence known…