Serving the Public and the Profession
15-03 Assuming a nonprofit board of directors is properly elected, an attorney employed by the nonprofit can properly take his instructions from a majority decision of that board, notwithstanding minority opposition within the board
83-07 When a partner leaves a firm to practice in another state, the firm name does not have to be changed to delete the name of the leaving partner as long as that partner maintains an “of counsel” relationship with the firm. 79-24 Firm listing attorneys as “of counsel” when not admitted in Vermont
98-01 A lawyer may represent a spouse in a divorce proceeding and that spouse’s parents in a guardianship proceeding in which they seek guardianship of their grandchild so long as the lawyer can adequately represent the interests of both the spouse and the grandparents and they consent to the representation after full disclosure. 96-04 An…
07-03 A lawyer who is advised of a client’s execution of an agreement with a medical provider that directs the lawyer to pay for the provider’s services from the proceeds of a claim for personal injuries on which the lawyer is representing the client, is not required to formally acknowledge the agreement and may not…
99-07 A lawyer must deliver to a client or former client, upon request, all property that the lawyer has in his/her possession which the client is entitled to receive. Further, a lawyer may only assert a lien for attorney’s fees and costs if to do so would not prejudice the client in pursuing his/her case. 97-10 An…
02-03 One law firm attorney may engage in lobbying activities on specific and particular issues before the state legislature on behalf of the firm’s clients while a second attorney in the same firm serves as an elected member of the legislature if the lawyer-legislator does not participate in any aspect of legislation as to which the…
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…
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…
85-08 A law firm cannot continue to represent a defendant in a civil action after hiring a law student-clerk who has already performed extensive work on the same case while employed by the law firm representing the plaintiff. 82-01 Person, first a law clerk and subsequently a lawyer for a state agency, representing civil litigants…
06-06 (1) An assistant judge may practice law with a law firm and may include his name in the firm’s name and on its stationary so long as the assistant judge is regularly and actively practicing law with the firm. (2) An assistant judge may remain a member of an elected municipal school board to…