The rules are set forth in Administrative Order No. 9 of the Vermont Supreme Court, which was promulgated in 1999.

All lawyers admitted to practice in Vermont are bound by the Rules of Professional Conduct. The purpose of the Rules is to set forth minimum ethical standards for the practice of law. The rules are based on the ABA Model Rules of Professional Conduct, with several variations to allow for Vermont’s particular standards.  It is these Rules which Disciplinary Counsel applies when determining whether or not a lawyer’s conduct is impermissible.

Each complaint  is unique.  Whether particular facts or events constitute a violation can not be predicted.  However, examples of attorney practices clearly prohibited by the Rules include:

The Rules of Professional Conduct are available on line by going to the following website:

 

The rules which govern how the disciplinary system works are available on line by going to the following website:  http://www.vermontjudiciary.org/Committees/prbrules/prbao9.htm

 

Unfortunately, no. The document is far too voluminous.  However, many school, law, and public libraries have the Rules in book form.

We refer complaints about a lawyer’s bill to the VBA Fee Arbitration Committee.  If there are acts of misconduct detected by this committee, it will refer the matter back to the Professional Responsibility Program.

Discipline can be imposed in two forms – private and public discipline.

 

Private discipline of “Informal Admonitions,” can be imposed as by agreement between the parties or by a hearing panel at the conclusion of a hearing.

 

All other discipline is public.  An attorney who is  reprimanded  will be publicly sanctioned;   the attorney’s name and violation will be reported to the media.  An attorney who is suspended for less than six months may not practice law until the suspension period ends.  An attorney who is suspended for more than six months or who is disbarred,  loses his/her license to practice law and cannot be reinstated unless the lawyer proves that he or she has been rehabilitated and is fit to practice.  See Rule 22(D), AO9.

 http://www.vermontjudiciary.org/Committees/prbrules/prbao9.htm#D.%20%20Motions%20by%20Disbarred,%20Suspended,%20Resigned%20Attorneys

 

There are qualified and trained lawyers and public citizens who serve on panels to determine if it can provide help in resolving the complaint.  The assistance panel is essentially a mediation program and at least one member of each panel is a member of the Professional Responsibility Board. 
 
Cases which the Disciplinary Counsel refers to Assistance Panels are those which cannot be proven by clear and convincing evidence but which ought not to be dismissed without the parties being given an opportunity to hear each others' perspective.   Most disputes can be resolved through this forum. 

The Professional Responsibility Board administers the overall program.  It writes an annual report to the Vermont Supreme Court and proposes rule changes as required.  It establishes ten hearing panels around the state who review disciplinary  charges filed by Disciplinary Counsel.  Members of the Board also sit on the assistance panels to help mediate cases where discipline is not appropriate, but a problem nevertheless must be addressed.

 

Disciplinary Counsel is responsible for receiving and evaluating all complaints about the conduct of lawyers.  Disciplinary Counsel will investigate all complaints, and prosecute before a Hearing Panel those cases where he finds violations of the Rules of Professional Conduct.

 

Bar Counsel, aside from other duties outside the disciplinary process, provides assistance to complainants, oversees assistance panels, and publishes all decisions rendered by a Hearing Panel.

The Professional Responsibility Program is an agency of the judiciary, one of three branches of state government.  The Vermont Supreme Court has sole jurisdiction over the conduct and license of Vermont attorneys.  The Professional Responsibility Program operates pursuant to this authority and in compliance with Supreme Court rules.

 

The Vermont Bar Association is a  private association of lawyers, separate and distinct from the Professional Responsibility Program.  The VBA provides educational material to lawyers regarding their ethical responsibilities.  It operates a number of volunteer committees which play an important role and upon which the Professional Responsibility Program relies.  For instance, we refer fee complaints to one of their committees which, in turn, will arbitrate a fee dispute. 

Under the Constitution of Vermont,  the Supreme Court of Vermont  has exclusive jurisdiction to oversee the conduct of lawyers.  Also under the Constitution of Vermont, neither the Governor nor the State Legislature has any power over the regulation of the conduct of lawyers, an area of authority which the Constitution reserves exclusively to the Vermont Supreme Court.   The Supreme Court of Vermont  has delegated much of this authority to  the Professional Responsibility Program.  Most of the functions of the Professional Responsibility Program are carried out by two Disciplinary Counsel and one part-time Bar Counsel, one Program Administrator and one Administrative Assistant.

 

The Attorney General has a limited role in that he can investigate and prosecute criminal conduct such as practicing law without a license or embezzling client funds.  Matters relevant to both or one of these functions are routinely referred back and forth between the Attorney General’s Office and the Professional Responsibility Program.