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IN RE PRB DOCKET NO. 2007-046

Nos. 08-214, 08-215.

989 A.2d 523 (2009)

2009 VT 115

In re PRB Docket No. 2007-046 and In re PRB Docket No. 2007-047.

Supreme Court of Vermont.

November 25, 2009.

Attorney(s) appearing for the Case

Richard H. Wadhams, Chair; Eric Johnson, Esq.; Lisa Ventriss.

Beth DeBernardi, Deputy Disciplinary Counsel, Burlington, for Petitioner.

Robert K. Reis of Reis, Urso, Ewald & Anderson, PLLC, Rutland, for Respondents.

William H. Sorrell, Attorney General, Michael O. Duane and John H. Treadwell, Assistant Attorneys General, and Jane Woodruff, Executive Director, State's Attorneys' and Sheriffs' Department, Montpelier, for Amicus Curiae Office of the Vermont Attorney General.

Matthew F. Valerio, Defender General, Anna Saxman, Deputy Defender General, and Renee Mobbs, Law Clerk (On the Brief), Montpelier, for Amicus Curiae Office of the Defender General.

Paul Van De Graaf, Acting United States Attorney, Carol L. Shea, William B. Darrow and Timothy B. Tomasi, Assistant United States Attorneys, Burlington, and David Margolis, Acting Deputy Attorney General, and Douglas N. Letter and Lowell V. Sturgill, Jr., Attorneys Civil Division, Washington, D.C., for Amicus Curiae United States of America.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

¶ 1. SKOGLUND, J.

We ordered review of these attorney-discipline cases to consider the application of the Vermont Rules of Professional Conduct to two attorneys who misled a potential witness about whether they were recording a telephone conversation. A hearing panel of the Professional Responsibility Board determined that the attorneys had violated Rule 4.1—which provides that "[i]n the course of representing a client a lawyer shall not knowingly make...

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