9 Rule 5 Bar Counsel

Bar Counsel will:

A. Screen all disciplinary complaints;

B. Administer the Bar Assistance Program;

C. Respond to inquiries from judges, lawyers, legal professionals, law students, and the public regarding the Rules of Professional Conduct, professionalism and professional responsibility, legal ethics, law practice management, and behavioral health issues that impact a lawyer or judge’s professional competence;

D. Provide referrals, educational materials, guidance, and preventive advice and information to assist lawyers to achieve, maintain, and enhance professional competence and professional responsibility;

E. Develop and present programs related to the Rules of Professional Conduct, legal ethics, and a lawyer’s professional competence and professional responsibilities;

F. Develop and present programs concerning lawyer wellness and on issues related to the signs, symptoms, causes, and prevention of behavioral health issues that affect lawyers’ and judges’ professional competence;

G. Develop mechanisms to help others to identify and intervene with impaired lawyers and judges;

H. Help lawyers and judges to secure expert counseling and treatment for behavioral health issues that affect professional competence, and maintain information on available treatment programs and services;

I. As necessary, assist lawyers and judges to coordinate aftercare services upon request, by order, or under contract that may include the following: assistance in structuring aftercare and discharge planning; assistance for entry into appropriate aftercare and professional peer-support meetings; and assistance in obtaining a primary care physician or local peer counselor;

J. As necessary, assist lawyers and judges to arrange monitoring services that may include the following: alcohol and drug-screening programs; tracking aftercare, peer-support, and twelve-step meeting attendance; providing documentation of compliance; and providing such reports concerning compliance by those participating in a monitoring program as may be required by the terms of that program;

K. Administer the nondisciplinary dispute-resolution program, including its assistance panels;

L. Work with the Board to recruit, coordinate, and train judges, lawyers, legal professionals, qualified health professionals, and members of the public to serve as assistance panel members;

M. As the Board’s liaison, consult and coordinate with the ABA Commission on Lawyer Assistance Programs, the Vermont Bar Association, Vermont’s local and county bar associations, Vermont Law School, the Judicial Conduct Board, the Board of Bar Examiners, the Character and Fitness Committee, the Board of Mandatory Continuing Legal Education, and other related organizations on matters related to professional responsibility, legal ethics, and law practice management; and

N. Any other task assigned by the Board within the scope of responsibility of Bar Counsel pursuant to these Rules.