9 Rule 8 Confidentiality

A. All information related to Bar Counsel’s exercise of the duties set out in Rule 5 paragraphs C, G, H, I, J, and M is confidential and will not be disclosed outside the Bar Assistance Program unless disclosure is expressly authorized by this rule.

B. All information related to inquiries and referrals made pursuant to Rule 6 is confidential and will not be disclosed outside the Bar Assistance Program unless disclosure is expressly authorized by this rule.

C. All information, communications, and records related to a matter reviewed by an Assistance Panel pursuant to Rule 7.E is confidential and will not be disclosed unless disclosure is expressly authorized by this rule.

D. Information, communications, and records otherwise confidential pursuant to paragraph A, B, or C must be disclosed by Bar Counsel when Bar Counsel reasonably believes that disclosure is necessary:

(1) to prevent any act that Bar Counsel reasonably believes is likely to result in the death of, or substantial bodily harm to, any person, including the lawyer or judge who is the subject of the information, communications, or records; or

(2) to prevent a criminal act that Bar Counsel reasonably believes is likely to result in substantial injury to the financial interest or property of any organization or person, including the financial interests and property of the lawyer or judge who is the subject of the information, communications, or records.

E. Information, communications, and records otherwise confidential pursuant to paragraph A, B, or C may be disclosed by Bar Counsel or the Bar Assistance Program with the written consent of the lawyer or judge who is the subject of the information, communications, or records.

F. Information, communications, and records otherwise confidential pursuant to paragraph A, B, or C may be disclosed by Bar Counsel or the Bar Assistance Program without the written consent of the lawyer or judge who is the subject of the information, communications, or records in the following circumstances:

(1) to medical personnel in a bona fide medical emergency involving the health of the lawyer or judge who is the subject of the information, communications, or records;

(2) to conduct research or program evaluations, provided that the information, communications, or records disclosed do not identify any individual;

(3) to Disciplinary Counsel if the information, communications, or records shows that a lawyer’s or judge’s refusal to seek or participate in treatment indicates that the lawyer or judge presently poses a substantial threat of serious harm to the public;

(4) to Disciplinary Counsel if the lawyer or judge who is the subject of the information, communications, or records is not responding to Bar Counsel and Bar Counsel reasonably believes that the lawyer or judge presently poses a substantial threat of harm to the public;

(5) in connection with any civil or licensing action in which the lawyer or judge who is the subject of the information, communications, or records offers testimony or other evidence pertaining to the information, communications, or records;

(6) for Bar Counsel or the Bar Assistance Program to seek legal advice related to complying with these rules; or

(7) by order of the Vermont Supreme Court. An application to disclose information must be made in writing filed with the Supreme Court, must demonstrate good cause for disclosing the information, communications, or records and must be served on the lawyer or judge who is the subject of the information, communications, or records and on Bar Counsel. The respondent and Bar Counsel will have an opportunity to respond. The application, the response, and any related filings will be nonpublic unless and until the Court orders otherwise.

G. Bar Counsel, Board members, assistance panel members, and any staff, contract, or volunteer attorney within the Bar Assistance Program are exempt from the reporting requirements of Rule 8.3(a) or (b) of the Vermont Rules of Professional Conduct with respect to information acquired while acting pursuant to the rules governing the Bar Assistance Program.

H. Bar Counsel, Board members, assistance panel members, and Bar Assistance Program staff, contractors, and volunteers will maintain the confidentiality required by this rule.