2014 ADVISORY ETHICS OPINIONS

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14-04 Prosecutors have a responsibility to take reasonable steps to prevent law enforcement personnel from making extrajudicial disclosures that the prosecutor would be barred from making directly.

14-03 A law firm may participate in a specific marketing program which provides drivers with a smart phone application (the “App”) which collects and facilitates information (such as insurance data and photos), provides a live operator for assistance, and delivers information on law firms, towing, medical and other services targeted to the zip code/local area where a potential client has an accident, provided the actual contact complies with the advertising and solicitation parameters of the Vermont Rules of Professional Conduct (the “VRPC”). As presented, this arrangement does not trigger the VRPC 7.2(b)(2) legal service referral considerations.

14-02 A lawyer, who has represented a corporation and its sole shareholder, may subsequently represent the purchaser of the corporate shares and the corporation where the interests are materially adverse, provided that both the former shareholder and the new shareholder give informed consent to such representation, confirmed in writing. In addition, a lawyer may serve as an as escrow agent of the pledged stock held as security in the sale, provided that both parties give informed consent.

14-01 A licensed attorney employed by a state department as an investigator cannot serve both as a witness in an administrative hearing and as an advocate presenting the case in lieu of department legal counsel consistent with V.R.P.C. 3.7 if the attorney is a necessary witness in the hearing and is testifying about a contested issue.

 

 

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