PCB 34

[05-Jun-1992]



                              STATE OF VERMONT

                         PROFESSIONAL CONDUCT BOARD




In Re:  PCB File 90.30


                            NOTICE OF DECISION

                                PCB #   34

       This matter was submitted-by stipulation.  Respondent waived his
  procedural rights under Administrative Order 9, including the right to a
  hearing and the right to appear before the Board.

       Upon consideration of the stipulated facts, the Board concludes that
  respondent violated DR 7-104(A)(1)(during the course of his representation
  of a client a lawyer shall not communicate or cause another to communicate
  on the subject of the representation with a party he knows to be
  represented by a lawyer in that matter unless he has the prior consent of
  the lawyer representing such other party or is authorized by law to do so. 

                                   FACTS

       1.  Respondent was admitted to the Vermont Bar in 1969.  For a number
  of years he has served as counsel to a municipality.

       2.  A non-profit corporation constructed a building within the
  municipality.

       3.  Upon completion of the building, a dispute arose between the
  municipality and the corporation as to whether the corporation was entitled
  to a certificate of occupancy.

       4.  At the time this dispute arose, litigation was pending between the
  municipality and the corporation regarding the municipality~s denial of a
  conditional use permit regarding a different property owned by
  the corporation.

       5.  Representatives of the corporation and the municipality, along
  with their respective counsel, met in an effort to resolve their
  differences.  The meeting did not result in a firm agreement.

       6.  Subsequently, respondent received a telephone call from the chief
  executive of the municipality.  The chief executive requested respondent to
  attend a meeting with representatives of the corporation.  The chief
  executive informed respondent that representatives of the corporation had
  requested a meeting with the chief executive and had specifically asked
  that respondent be in attendance.

       7.  Respondent attended the meeting.  Although the corporation was
  represented by counsel in connection with the pending litigation, counsel
  was not present at the meeting.

       8.  Respondent discussed possible resolutions of the pending lawsuit
  with the corporation~s representatives.  Because the corporation is d
  sophisticated party who specifically asked for direct contact with
  respondent, respondent erroneously assumed that DR 7-104(A)(1) was not
  applicable.

       9.  Counsel for the corporation had no knowledge that this meeting
  occurred.

       10.  Respondent acknowledges that his discussions with the corporate
  representatives violated DR 7-104(A)(1) and regrets any confusion that
  might have resulted from this meeting.  Respondent had no intent to exclude
  opposing counsel from these discussions.  Respondent understands that he
  should have obtained the consent of the corporation's counsel and that he
  was negligent in failing to do so.

       11.  Respondent has no record of prior discipline and enjoys an
  exemplary reputation in the community.

       12.  Respondent and bar counsel agree that, if the Board imposes a
  sanction, it should be no greater than a private admonition.  Accordingly
  the Board voted to issue a private admonition to respondent.

       Dated at Montpelier, Vermont this  5th day of June, 1992.

                                  PROFESSIONAL CONDUCT BOARD
                                   /s/
                                  ________________________________
                                  J. Eric Anderson, Chairman


                                   
____________________________       _______________________________
Deborah S. Banse, Esq.             Hamilton Davis

     /s/                           /s/
_____________________________      _______________________________
Anne K. Batten                     Nancy Foster

                                   /s/
_____________________________      _______________________________
Leslie G. Black, Esq.              Shelley A. Hill, Esq.

     /s/                           /s/
_____________________________      _______________________________
Richard L. Brock, Esq.             Rosalyn L. Hunneman

     /s/                           /s/
_____________________________      ________________________________
Joseph F. Cahill, Jr., Esq.        Donald Marsh

     /s/                                     
_____________________________      _________________________________
Nancy Corsones, Esq.               Karen Miller

     /s/                           /s/
______________________________     _________________________________
Christopher L. Davis, Esq.         Edward Zuccaro, Esq.