2010 ADVISORY ETHICS OPINIONS

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10-01 In order to determine whether an attorney may pay his fees from funds held in his Trust Account, a determination must first be made as to who is legally entitled to the funds. With client consent, an attorney may withhold his or her fees due from client funds in the attorney's possession. An attorney may not withhold fees from funds in the attorney's possession if those funds are the property of someone other than the attorney's client and that party does not consent.

10-02 An attorney in a firm that represents a municipality may not represent criminal defendants in cases where police officers employed by municipal clients of the firm are witnesses against the criminal defendant/client of the attorney.

10-06 Vermont attorneys can utilize Software as a Service in connection with confidential client information, property, and communications, including for storage, processing, transmission, and calendaring of such materials, as long as they take reasonable precautions to protect the confidentiality of and to ensure access to these materials.

 

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