quor Control Board, 123 Vt. 93, 94 (1962). 20
These sanctions don’t directly involve the li-
cense. The conviction of a man for selling mar- ijuana and contempt of court was reversed in 2002 when the defense attorney was found un- duly coercive in pressuring the defendant to plead guilty. In re Quinn, 174 Vt. 562 (2002). A prosecutor promised if reelected to obtain a second conviction. He failed to disqualify him- self from the subsequent trial. While not a sanc- tion, the practice is disapproved of by the Court. State v. Hohman, 138 Vt. 502 (1980). A defense attorney absolutely assured client of suspend- ed sentence and probation for pleading guilty. In re Newton, 125 Vt. 453 (1966). A lawyer was guilty of summary criminal contempt for refusing to comply with a court order that he consult with his client before withdrawing a plea agreement. In re Duckman, 179 Vt. 467 (2006). Such sanctions have limits. In 2003, the Su-
preme Court reversed the dismissal of a charge of aggravated assault to sanction the state’s at- torney for a discovery violation, as well as re- peated violations in other cases, explaining that this sanction was beyond the trial court’s pow- ers. The state’s attorney had failed to disclose the fact that two other officers were present at the scene of the incident, which defense counsel learned only on cross-examination of the princi- pal witness for the State. A written report and video tape was also produced, not previously disclosed. The trial judge concluded this caused system-wide prejudice, after hearing about ten other cases of failure to disclose exculpatory evi- dence. State v. Wade, 176 Vt. 550 (2003). An at- torney was sanctioned and made to pay $2,000 in attorney’s and witnesses’ fees for not being prepared for trial and not inviting his clients to appear. The sanction was vacated because the trial judge did not give the attorney the oppor- tunity to be heard on the issue before the sanc- tion was levied. Van Eps v. Johnston, 150 Vt. 324
(1988). 21
(1977). 22
The first reported appellate decision on legal malpractice is Houghton v. Leinwohl, 135 Vt. 380
In re Haddad, 106 Vt. 322, 325-326 (1934). In
1966, Elias F. Haddad moved for setting aside his judgment for disbarment in 1966 because thir- ty-two years had passed since the judgment. In re Haddad, 126 Vt. 85 (1966). Finally, in 1972, while denying his petition for reinstatement, the Supreme Court allowed Haddad to take the bar examination after finding he had overcome any concerns the Court had about his moral fitness with decades of good behavior and good works.
In re Haddad, 120 Vt. 586 (1972). 23
Van Eps v. Johnston, 150 Vt. 324, 324 (1988). 24 John Dooley, “Judicial or Legislative Pow-
er?,” 8 VT. L. REV. 211, 219 (1983); John A. Dool- ey, “The Judiciary,” in VERMONT STATE GOVERNMENT SINCE 1995 at 236-237 (Michael Sherman ed.,
1999). 25
Vermont Constitution, ch. II, § 30. 26 “An act regulating attornies and their fees,”
March 17, 1778, Laws of Vermont 1777-1780, 12 STATE PAPERS OF VERMONT 27 (Allen Soule ed.,
1964). 27
Id.
“An act for the appointment and regulating attornies,” Feb. 17, 1779, in State Papers, supra
note 26, at 89. 28
29 “An act in addition to an act, entitled, an act
for the regulating and stating fees,” Oct. 27, 1779, in STATE PAPERS, supra note 26, at 184, 185. All fines were “three-folded,” meaning, recovery for violation of the law was punished by treble
damages or three times the overcharge. 30
“An act for the appointment and regulation of attornies and proceedings at the bar,” March 7, 1787, Laws of Vermont (1785-1791), 14 STATE PAPERS OF VERMONT 216-217 (John A. Williams ed.,
20
1966). The provisions of this act were suspend- ed as they applied to Orange County in 1788, as there was but one practicing attorney in the county and a “real and immediate necessity” for more. Jedediah Parker Buckingham, who had been admitted in another state, was admitted without the local study or the exam. “An act to dispence with an act intitled, ‘an act for the ap- pointment and regulating attornies and plead-
ings at the bar,” Oct. 17, 1788, in id. at 399. 31
PAPERS, supra note 30, at 501-502. 32
201 (2008). 33
“An act in addition to an act entitled an act for the appointment and regulating attornies and pleading at the bar,” Oct. 28, 1789, in STATE
See In re Appeal of Jam Golf, LLC, 185 Vt. “An act, constituting the Supreme Court of
Judicature, and County Courts, defining their powers, and regulating judicial proceedings,” Sec. 23, March 2, 1797, Laws of Vermont of a Publick and Permanent Nature (William Slade,
Jr., comp., 1825), at 57-88. 34
A pettifogger is like a shyster, except that a shyster is more educated. BRYAN A. GARNER, “Pet- tiforger; shyster,” A DICTIONARY OF MODERN LEGAL
147-148. 35
USAGE 656 (1987, 1995). 36
Id. These offenses were elaborated and ex-
tended by 1840. “Restricting Cost,” in Rev. Stat. of the State of Vermont, ch. cvi (1840), at 471- 473. In 1845, a statute was enacted providing for the close confinement of attorneys in suits for money collected in the capacity of an attor- ney and not paid over to the party, providing the court found willful and malicious act or neglect on the attorney’s part. “County Jails and Prison- ers,” THE COMPILED STATUTES OF THE STATE OF VER- MONT, ch. cxii, § 22 (Charles L. Williams comp.,
1851), at 575. 37
38
13 V.S.A. §§ 3009, 2010, 2012, and 3013. “Salaries, Fees, etc.,” Gen. Stat. of the State
of Vt., ch. xxxvii, § 35 (1863), at 735. 39
(1881), at 898-899. 40
41 42
Laws of 1977 (Adj. Sess.), § 10. LEWIS CASS ALDRICH & FRANK R. HOLMES, HISTORY
OF WINDSOR COUNTY 188 (1891). 43
“An act regulating attorneys and their fees,”
March 17, 1778, 12 State Papers of Vermont 27. 44
at 8. 45
“Constitution,” art. II, Vermont Bar Associa- tion, Officers and Members: Report of Proceed- ings of the Annual Meetings (1878-1881) (1882),
The present VBA Constitution gives the
Board of Managers the power to admit mem- bers to the Association.
https://www.vtbar.org/ ABOUT%20US/History%20Mission/VBA%20
Constitution.aspx. 46
According to the ABA, only fourteen of the fifty states and the District of Columbia have vol- untary, rather than unified, bar associations. See
http://www.americanbar.org/groups/bar_servic-
es/resources/state_local_bar
_associations.html. 47
48 49
VBA Constitution (1878), at 7. Id. at 12.
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
ings III:1 (1891) (1892), at 25. 50
ings (1909) (1910), at 9. 51
this survey. 52
53 54
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
Id. The 1909 Code appears as Appendix B in Article 44, id. at 318.
Article 52, id. at 320.
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet- ings (1914-1915) (1917), at 8.
THE VERMONT BAR JOURNAL • FALL 2013
“Oaths,” Gen. Stat. of Vt., ch. 210, § 4551 Laws of 1919, No. 63, § 1.
“An act, to punish undue combinations, speculations, and unjust practices among attorn- ies and pettifoggers,” Nov. 11, 1807, in id. at
55 56 57 58
Id. at 54. Id. at 56. Id. at 68.
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
ings (1922) (1925), at 46-76. 59
ings (1924) (1925), at 145. 60
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
Report of the Committee on Professional Conduct, Vermont Bar Association, Officers and Members: Report of Proceedings of the Annual
Meetings (1925) (1926), at 100. 61
Id. 62
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
ings (1927) (1927), at 88-89. 63
Id. at 90. 64
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
ings (1929) (1930), at 113-114. 65
ings (1931) (1932), at 74-76. 66
ings (1935) (1936), at 61. 67
Id. at 62. 68
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
ings (1938) (1939), at 86-87. 69
Id. at 93.
70 This case was handled by the Vermont Su- preme Court. See In re Goodrich, 111 Vt. 156
(1940). 71
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
ings (1939) (1940), at 85-87. 72
Id. at 87. 73
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
ings (1943) (1944), at 61. 74
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
ings (1944) (1945), at 45-46. 75
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
ings (1945) (1946), at 107-108. 76
ings (1948) (1949), at 37-39. 77
ings (1950) (1951), at 77-79. 78
ings (1952) (1953), at 39-41. 79
ings (1953) (1954), at 41. 80
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
ings (1954) (1955), at 61-62. 81
ings (1960) (1961), at 29-31. 82
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
The opinions from 1978 to the present are now found through the VBA website at http://
www.vtbar.org/UserFiles/Files/WebPages/Attor- ney%20Resources/aeopinions/Advisory%20Eth-
ics%20Opinions/advisoryethicssite/
INDEX.htm. 83
84 85 86 87
In re Harrington, 128 Vt. 445 (1970). In re Reiter, 127 Vt. 98 (1968). In re Milne, 126 Vt. 69 (1966). In re Mangan, 113 Vt. 246 (1943).
In re Haddad, 106 Vt. 322 (1934). Here, the
attorney’s attempted resignation denied and he was disbarred. As to what precisely he did, the Court dismissively explained, “the details of
which it is not necessary to state.” 88
In re O’Brien, 93 Vt. 194 (1919). The perjury occurred in respondent’s testimony as a witness
www.vtbar.org
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
Vermont Bar Association, Officers and Mem- bers: Report of Proceedings of the Annual Meet-
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