1980 ADVISORY ETHICS OPINIONS

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80-21 Vermont attorney who has in recent months represented the husband and wife in various business and personal matters should decline to represent husband in divorce action against wife.

80-20 An attorney who serves as a part-time probate judge may not properly buy an asset from an estate pending before the judge’s probate court either directly or anonymously through an agent.

80-19 Not issued.

80-18 Not issued.

80-17 Not issued.

80-16 Not issued.

80-15 Two attorneys occupying adjacent offices and sharing library, conference room, and office equipment, and who are not and do not hold themselves out to be partners or associates, are not subject to the same conflict of interest restrictions as attorneys so affiliated and may properly represent opposite sides of real estate transactions and other causes. On the facts stated, it is not improper for one of the two attorneys to sublet from the other.

80-14 Attorney who has represented wife in divorce proceedings against first and second husbands may not properly thereafter represent first husband in criminal prosecution alleging criminal conduct of second husband.

80-13 Not issued.

80-12 Subject to certain limitations, an attorney is not ethically prohibited from incorporating with a social worker for the purpose of performing family separation and divorce mediation services.

80-11 Not issued.

80-10 Attorney not admitted to Vermont Bar, engaged by a Vermont attorney during period of fulfilling clerkship requirement for admission to the Vermont Bar under the supervision of the Vermont attorney, should be treated as a law clerk unadmitted to practice in the State of Vermont, with the Vermont attorney bearing full responsibility for work he performs for clients of the office. Fees generated by his efforts as attorney-clerk, or for client-generation, should be treated as any other income to the firm, but the attorney-clerk’s salary may properly reflect his value to the firm in these respects.

80-09 Not issued.

80-08 An attorney should decline employment, even in context of appellate representation, from a former adversary in a case versus his former client arising out of the same transaction.

80-07 Not issued.

80-06 Not issued.

80-05 Counsel for Vermont Housing Finance Agency may have direct contact with prospective mortgagors who themselves are represented by counsel assuming that Agency counsel has been given written authority to do so by counsel for such mortgagors.

80-04 Not issued.

80-03 Subject to the provisions of Canon 5 of the Code of Professional Responsibility, it is ethically proper for an attorney who has certified marketability of title to a client to later represent the client in an action arising from a boundary dispute as to the subject property.

80-02 Not issued.

80-01 Not issued.



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1978-Present Index to the Advisory Ethics Opinions of the VBA Committee on Professional Responsibility