PCB 93

[07-Jul-1995]

                             STATE OF VERMONT

                        PROFESSIONAL CONDUCT BOARD


In re:  PCB File No. 94.21


                            NOTICE OF DECISION

                             Decision No.   93

This matter was presented to us by stipulated facts which we adopt as our own
and herein incorporate by reference.  

Briefly summarized, the facts of this case involve a violation of the
confidentiality provisions of the lawyer disciplinary system.  

Respondent learned from his client that his client had filed a complaint with
the Professional Conduct Board against opposing counsel in pending
litigation.  Respondent, who has been a Vermont lawyer for over 20 years,
revealed that information to opposing counsel's associate who appeared as
substitute counsel at a child support hearing.  Respondent later discussed
the complaint with the magistrate.  Further, Respondent obtained a copy of
the complaint and provided it to the substitute counsel.  	Complaints
filed against attorneys are confidential unless and until probable cause is
found that an attorney violated the Code of Professional Responsibility.  No
such formal charges had been filed against the opposing counsel.  There are
certain exceptions to this rule under Rule 11B of the Permanent Rules
Governing the Establishment of the Professional Conduct Board and its
Operation, Administrative Order 9.  However, none of those exceptions applied
here.

By violating the confidentiality provisions of the attorney disciplinary
system, Respondent engaged in conduct prejudicial to the administration of
justice in violation of DR 1-102(A)(5).

Respondent has substantial experience in the practice of law and a history of
prior discipline, although remote in time.  In mitigation, Respondent had no
dishonest or selfish motive and has co-operated fully with bar counsel.

In the past we have imposed private admonitions in cases where lawyers have
engaged in similar misconduct.  See  In re PCB File 91.49, Decision #45
(December 4, 1992).  This sanction is consistent with Section 7.4 of the ABA
Standards for Imposing Lawyer Sanction, given the aggravating and mitigating
circumstance present.

A private letter of admonition will issue.

Dated at Montpelier, Vermont this    7th  day of July, 1995.


	PROFESSIONAL CONDUCT BOARD


	     /s/
	___________________________
	Deborah S. Banse, Chair


/s/
___________________________	___________________________
George Crosby			Donald Marsh


/s/
___________________________	___________________________
Joseph F. Cahill, Esq.		Karen Miller, Esq.


/s/
___________________________	___________________________
Nancy Corsones, Esq.		Mark Sperry, Esq.


/s/
___________________________	___________________________
Paul S. Ferber, Esq.		Robert F. O'Neill, Esq.


/s/
___________________________	___________________________
Nancy Foster			Ruth Stokes


/s/	     			/s/
___________________________	___________________________
Rosalyn L. Hunneman		Jane Woodruff, Esq.


/s/
___________________________	___________________________
Robert P. Keiner, Esq.		Charles Cummings, Esq.


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