DUTY TO REPORT

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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 Responsibility Committee declines to evaluate or comment on the conduct of a non-requesting attorney.

95-18 The Professional Responsibility Committee will not evaluate or comment on the conduct of a non-requesting attorney.

93-07 An attorney may not disclose to a former client or to a tribunal a confidence or secret gained in the course of a professional relationship with other clients where disclosure would be embarrassing or likely to be detrimental to the other clients.

92-10 Absent client consent, an attorney should not report the unethical behavior of another attorney if the first attorney learned of the unethical behavior in a confidential communication, since privileged information is clearly beyond the scope of the mandate of DR 1-103. Absent client consent, an attorney should not report the unethical behavior of another attorney if the first attorney's knowledge of the unethical behavior is a secret, the disclosure of which would be detrimental to the first attorney’s client, since such information is "privileged" within the meaning of DR 1-103.

91-13 An attorney satisfies the attorney's DR 1-103 obligation to report a disciplinary rule violation to "a tribunal...empowered to investigate or act upon such violation" where the attorney reports to the court before which litigation is pending conduct of opposing counsel deemed to be unprofessional.

90-09 A lawyer having unprivileged knowledge that his client's prior lawyer neglected the client's case and acted deceptively about its status must report this information to the Professional Conduct Board, and should do so before negotiating a settlement of the client's claim against the prior attorney.

87-08 A lawyer who acquires unprivileged knowledge of a violation of a disciplinary rule shall report such knowledge to a tribunal or other authority empowered to investigate or act upon such a violation.

86-03 Employees of a legal service organization and the organization may warn potential victims of the threats of a client or an applicant for services.

 

 

 

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