Deceit/Fraud

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…

Criminal Prosecution

14-04 Prosecutors have a responsibility to take reasonable steps to prevent law enforcement personnel from making extrajudicial disclosures that the prosecutor would be barred from making directly. 99-02 In the context of a plea agreement in a criminal case, a defense attorney should not advise a client to sign a written Waiver of Rights drafted…

Credit Card

89-10The use of credit cards for the payment of legal services and expenses is permitted under the Code of Professional Responsibility provided specified guidelines are followed. 76-09 Attorneys may accept credit cards for financing fees subject to certain restrictions.

Conflict of Interest

17-02 Conduct of the predecessor client corporation, when no other lawyer currently at the firm had a role with the deceased partner’s representation or has access to the files, and the current class action is not substantially related to the deceased partner’s former representation pursuant to the V.R.P.C. 1.9 or 1.10 former client and imputation…

Confidences of the Client – Disclosure

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. 97-12 An attorney may not represent a criminal defendant where one theory of defense involves implicating…

Communicating with Unrepresented Party

11-5An attorney representing parties being sued by a non-profit condominium association that is governed by a board of directors elected by the membership may communicate directly with non-board members of the association regarding facts relevant to the litigation without notifying the board’s attorney and without first obtaining the board’s attorney’s consent 96-07 An attorney representing…

Commencement of Attorney/Client Relationship

09-08 An attorney licensed to practice in Vermont with active status is engaged in the practice of law and governed by the Vermont Rules of Professional Conduct (the “VRPC”) when accompanying disabled beneficiaries of his organization to court for matters where by commission or omission of an attorney’s duties the beneficiary’s rights may be affected,…

Collecting

97-04 The requesting attorney has asked whether she may utilize the services of a professional collection agency in collecting accounts receivable from her clients. 94-07 An attorney must seek to further the lawful objective of his client by all reasonable means so long as his client’s sole objective is not to harass or maliciously injury…

Client Property

13-01 It would be a violation of Vermont Rule of Professional Conduct 1.8(e) for Plaintiff’s lawyer to sign a Hold Harmless Agreement agreeing to hold Defendant’s liability carrier harmless in the event his client (Plaintiff) fails to satisfy his health insurance carrier’s subrogation in a personal injury claim and in the further event the liability…