Ch. 54 Administrative Order No. 54. Provision of Legal Services Following Flood Emergency
Administrative Orders of the Supreme Court
Rule Text
§ 1. Supreme Court Administrative Order 41 is hereby waived as may be necessary to authorize, upon request, practice under a Limited Emergency Pro Bono Law License to any lawyer admitted to the Bar of the Vermont Supreme Court who holds an inactive Vermont law license and who is not the subject of formal disciplinary proceedings, disbarred, suspended from practice, or otherwise restricted from practice in Vermont or any other jurisdiction.
§ 2. The Rules of Admission to the Bar of the Supreme Court and Supreme Court Administrative Order 41 are hereby waived as may be necessary to authorize, upon request, practice under a Limited Emergency Pro Bono Law License to any lawyer admitted to the practice of law in another United States jurisdiction who is not the subject of formal disciplinary proceedings, disbarred, suspended from practice, or otherwise restricted from practice in any jurisdiction.
§ 3. A lawyer practicing under a Limited Emergency Pro Bono Law License is authorized to provide legal services solely for matters directly related to the Flood Emergency. Those legal services must be provided pro bono, without compensation, expectation of compensation, or other direct pecuniary gain to the lawyer. Those legal services must be coordinated through an established not-for-profit bar association, pro bono program or legal services program, or through such organization(s) specifically designated by the Vermont Supreme Court.
§ 4. A lawyer practicing under a Limited Emergency Pro Bono Law License is not authorized to represent a client in court, except:.
a) a lawyer with an inactive Vermont law license may represent a client in court after filing with their notice of an appearance an affidavit stating that the lawyer has received authorization to practice pursuant to a Limited Emergency Pro Bono LawLicense; and
b) an out-of-state lawyer with a Limited Emergency Pro Bono Law License may represent a client in court if the lawyer is admitted pro hac vice pursuant to § 16 of Administrative Order 41. When an out-of-state lawyer with a Limited Emergency ProBono Law License applies for pro hac vice admission, the application fee is waived.
§ 5. A lawyer is subject to the Vermont Rules of Professional Conduct and the disciplinary jurisdiction of the Vermont Supreme Court when requesting a Limited Emergency Pro Bono Law License, as well as when practicing under a Limited Emergency Pro Bono Law License. However, a lawyer practicing under a valid Limited Emergency Pro Bono Law License does not engage in the unauthorized practice of law or violate Rule 5.5 of the Vermont Rules of Professional Conduct.
§ 6. The authority to provide legal services under a Limited Emergency Pro Bono Law License will end when this Court declares that the Flood Emergency has either ended or abated to such an extent that relaxation of the Rules of Admission to the Bar of the Supreme Court and Supreme Court Administrative Order 41 is no longer required. However, a lawyer then providing emergency legal services under a Limited Emergency Pro Bono Law License is authorized to continue to provide those services until the representation ends or for ninety days after the declared end of the emergency condition, whichever occurs first.
§ 7. The State Court Administrator shall issue instructions and guidance in furtherance of this order.
Amendment history: Added Aug. 7, 2023, eff. Aug. 9, 2023.