Swanson & Lange v. Miner

Plaintiff, a partnership engaged in the practice of law, brought suit to collect fees for services rendered to defendant, a former client. The trial court entered judgment in favor of defendant, holding that under the strictures of Vermont’s Code of Professional Responsibility, an action for recovery of attorney’s fees is forbidden as a violation of public policy unless suing the client is “necessary to prevent fraud or gross imposition by the client.” Code of Professional Responsibility, Ethical Consideration 2-23 (EC 2-23). We disagree and accordingly reverse.

In November 1986, defendant…