1989 ADVISORY ETHICS OPINIONS

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89-17 Unless consented to by the client, after full disclosure, an attorney may not correct or challenge a prosecutor's factual representations to the court, favorable to the attorney's client, even when the attorney harbors doubt as to the accuracy of the prosecutor's representations, where the attorney's sole source of information regarding the facts stated by the prosecutor constitutes a secret or confidence of the client.

89-16 An attorney may act as a member of the Zoning Board of Appeals for his town and also represent the town in an appeal de novo from an action taken by that board, where there is no inconsistency between the Board's decision and the town's position in the de novo proceeding and where it is not obvious that the attorney ought to be called as a witness at the de novo hearing.

89-15 A lawyer may represent a new client in a regulatory proceeding in which a former client is a competing, adversary party, provided there is no substantial relationship between the subject matter of the former representation and the subject matter of the current representation, and provided the lawyer learned no confidences or secrets of the former client which could be used to the disadvantage of the former client or to the advantage of the new client in the current proceeding.

89-14 Not Published.

89-13 Not Published.

89-12 Not Published.

89-11 Not Published.

89-10 The 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.

89-09 Not Published

89-08 Rules requiring preservation of confidences and secrets of a client and precluding multiple simultaneous representation and/or representation of conflicting interests do not apply to or prohibit attorneys for a state agency from representing agency against a non-custodial parent in child support enforcement action after having been assigned child support rights by the custodial parent, where agency attorneys never established an attorney-client relationship with either parent.

89-07 Not Published.

89-06 A prosecutor must disclose facts discovered for the first time after conviction which indicate that the trial testimony of the State's expert witness may have been incorrect on an issue material to an essential element of the State's case.

89-05 A lawyer may accept private employment as attorney in a matter in which he did not have substantial responsibility as a member of State government and when the work as government employee was in reviewing and interpreting government or agency procedures. regulations or abstract principles.

89-04 An attorney may continue to represent plaintiffs when the attorney's paralegal also works in a Court Diversion program which once processed a brother of the defendant, and the brother's behavior has some relevance to the current suit. 3 V.S.A. §163 precludes the para1egal from sharing information gathered in the diversion process with the attorney without the relative's consent; screening the paralegal from further involvement in the case would remove any question of impropriety, but the Code does not strictly apply to the paralegal's conduct here.

89-03 Not Published.

89-02 An attorney must disclose to an opposing party facts having a negative impact on a client's position where a failure to disclose would involve the attorney in misrepresentation.

89-01 Secrets of a former client include information from a source other than the client, which were gained in the course of the lawyer-client relationship; where the lawyer has knowledge of a client's secret, the lawyer must not disclose the secret if the client has requested that secret remain inviolate or if disclosure would otherwise be embarrassing or detrimental to client's interests.



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