1990 ADVISORY ETHICS OPINIONS

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90-09 A lawyer having unprivileged knowledge that his client's prior lawyer neglected the client's case and deceived him 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.

90-08 An attorney may not provide simultaneous representation to a borrower and a lender. An attorney may furnish the lender with title insurance and a proposed mortgage deed or comply with other similar loan requirements on the buyer's behalf so long as the attorney does not enter into an attorney-client relationship with the lender.

90-07 A lawyer who represents simultaneously Client A and Client B in separate and unrelated matters should discontinue multiple employment under DR 5-105(b) when the lawyer likely would cross-examine Client A, expected to be a principal witness for Client B's ex-spouse in a divorce modification proceeding brought by the lawyer on behalf of Client B.

90-06 In the course of representing an adoption agency and with the agency-client's consent, an attorney may assist both the relinquishing parents and the adopting parents with counseling and by preparing routine legal documents, provided that she first fully discloses areas of potential conflict between the agency-client and either or both sets of parents and that she receives no additional fee for the service from either or both sets of parents.

90-05 A lawyer may go into business with a client, provided their interests in the business do not differ and the client does not expect the lawyer to exercise his professional judgment in the business for the protection of the client

90-04 An attorney's services as an executor of an estate, although not giving rise to an attorney/client relationship, still may be governed by the Vermont Code of Professional Responsibility. Where an attorney's decisions as executor have the potential to benefit existing clients, precautions should be taken to avoid an appearance of impropriety.

90-03 Not Published.

90-02 An unlicensed lawyer who provides consultation to a licensed Vermont attorney. who in turn advises his or her clients, is not engaged in the unauthorized practice of law.

90-01 The Attorney General may represent a state agency in defending a claim of discrimination under the Vermont Fair Employment Practices Act without violating DR5-105 (A), where the complaint is pending for investigation and enforcement before the Vermont Human Rights Commission.


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