9 Rule 15 Sanctions [Effective until July 1, 2026]

A. Types of Sanctions. Misconduct shall be grounds for one or more of the following sanctions:

(1) Disbarment, in which case the lawyer shall not be eligible for readmission for at least five years;

(2) Suspension for an appropriate fixed period of time not in excess of three years;

(3) Immediate interim suspension, pending final determination of discipline;

(4) Public reprimand, which shall be published in the Vermont Reports and in a newspaper of general circulation in the geographical area in which the lawyer practices law;

(5) Admonition. Two types of admonition may be imposed:

(a) Admonition by disciplinary counsel imposed with the consent of the respondent and the approval of a hearing panel. Admonitions by disciplinary counsel cannot be imposed after formal charges have been issued.

(b) Admonition by a hearing panel imposed only after formal charges have been issued.

All admonitions shall be in writing and served upon the respondent. Only in cases of minor misconduct, when there is little or no injury to a client, the public, the legal system, or the profession, and when there is little likelihood of repetition by the lawyer, should an admonition be imposed. A summary of the conduct for which an admonition was imposed shall be published for the education of the profession, but the lawyer shall not be identified in the published decision. Admonitions may be used in subsequent proceedings in which the respondent has been found guilty of misconduct as evidence of prior misconduct bearing upon the issue of the sanction to be imposed in the subsequent proceeding.

(6) Probation:

(a) Imposition of Probation. Probation may be imposed only in conjunction with any other sanction, reinstatement from disability, and reinstatement from disbarment or suspension. It shall be used only in those cases in which there is little likelihood that the respondent will harm the public during the period of probation and the conditions of probation can be adequately supervised. Probation shall be imposed for a specific period and on notice and opportunity to be heard may be renewed for an additional period.

(b) Conditions in Writing. The conditions of the probation shall be in writing. Only the Court may impose conditions of probation which limit the lawyer’s practice of law in this jurisdiction, except that the hearing panel may do so with the lawyer’s consent. All or some of the costs of probation may be assessed against the lawyer. The probation will be supervised by a probation monitor approved by the hearing panel or disciplinary counsel, with any expense borne by respondent. Probation shall be terminated upon the filing of an affidavit by the respondent showing compliance with the conditions and an affidavit by the probation monitor stating that probation is no longer necessary and summarizing the basis for that conclusion.

(c) Violation of Probation. A violation of probation may be the basis for interim suspension pursuant to Rule 22 or may be the basis of independent disciplinary charges which shall be proven by clear and convincing evidence under the same procedures as for charges of misconduct. Upon proof of a probation violation, any sanction under these rules may be imposed. Allegations of violation of probation imposed in conjunction with a reprimand, suspension, or reinstatement shall proceed as public proceedings.

(7) Reimbursement of retainers, fees, trust funds, or other monies collected or received by the lawyer on a client’s behalf, but reimbursement shall not be imposed unless some other sanction is imposed;

(8) Assessment of the costs of proceedings, but only in reinstatement or probation violation proceedings.

B. Prior Misconduct. Prior findings of misconduct, including admonitions, may be considered in imposing sanctions.