Frequently Asked Questions

• Filing Complaints
• What You Should Expect
• The Structure of the Lawyer Disciplinary Process and the Rules of Professional Responsibility
• Confidentiality and Attorney's Record

The Vermont Constitution vests authority in the Vermont Supreme Court to oversee the professional conduct of all lawyers practicing within this state.   (See Administrative Order No. 9).   The court delegates some of this authority to the Vermont Professional Responsibility Board, a group of seven volunteers appointed by the Supreme Court. Three of the appointees are members of the bar, one is a judge and three are members of the public.

The Board employs a Disciplinary Counsel, Michael Kennedy, a Deputy Disciplinary Counsel, Beth DeBernardi and a part-time administrative assistant, Cathy Janvier. The Board also employs a Bar Counsel, Wendy Collins and a Program Administrator, Deb Laferriere.

Disciplinary Counsel screens all complaints alleging attorney misconduct. Disciplinary Counsel may contact the subject attorney and conduct other limited investigation necessary to determine the nature of the inquiry and whether it can be resolved through non-disciplinary dispute resolution methods. Counsel may attempt to resolve any complaint, of whatever nature, that does not appear to require formal intervention by an assistance panel or the disciplinary program. If Disciplinary Counsel dismisses the complaint after the screening process, the complainant has a right to seek independent review of that decision from the chair of the Professional Responsibility Board.

If the conduct which is the subject of the complaint appears to constitute misconduct that may require disciplinary sanctions, Disciplinary Counsel shall investigate further to determine whether formal disciplinary proceedings should be pursued. Following an investigation, Disciplinary Counsel may dismiss the complaint, refer it to an assistance panel or other dispute resolution program, or initiate formal disciplinary or disability proceedings. If the complaint is ultimately dismissed after investigation, complainants are notified of the disposition of the complaint and the reasons therefor. There is no further review of that decision.

The Professional Responsibility Board is required by A.O.9, Rule 1 E(2), to provide the Supreme Court with an annual report, including statistics.

The Board is responsible for overseeing the program and implementing, coordinating and periodically reviewing its policies and goals. A complete list of the policies adopted and/or amended by the Professional Responsibility Board can be found by clicking here.

In addition to discipline, the Vermont Supreme Court has authorized the Board to establish assistance panels for the purpose of providing prompt resolutions of complaints by means other than discipline.

If prosecution is warranted, Disciplinary Counsel reports the results of the investigation to a Hearing Panel. Pursuant to Administrative Order No. 9, Rule 2.A., the chair of the Board appoints standing hearing panels as may be required.  Each hearing panel consists of two members of the bar of this state and one public member.  The chair of the Board also appoints a lawyer-member of each hearing panel to serve as chair of the panel.  If the Hearing Panel finds that there is probable cause to believe that a violation of the Vermont Rules of Professional Conduct has occurred, it will direct Disciplinary Counsel to bring formal charges.

A formal hearing will be held after the filing of formal charges. Disciplinary Counsel will inform the complainant of the date and place of the hearing. Disciplinary Counsel shall have the burden of proving the alleged violations by clear and convincing evidence. The Hearing Panel’s written order is final, unless appealed by Disciplinary Counsel or the charged lawyer. The Vermont Supreme Court can also initiative its own review.

The Board publishes decisions of all cases as well as a digest summarizing the decisions  considered by it.  Decisions of Hearing Panels are subject to appeal or Supreme Court review within 30 days of issue.  These decisions may be obtained through Vermont Automated Libraries System VALS.

Professional Responsibility Board Decisions

Public Hearing Calendar

An approved list of financial institutions for Attorney Trust Accounts.

Attorney Trust Accounts to be reviewed.. More