May a Vermont lawyer pay the usual fee to join a nonprofit referral service?
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This page answers the general question as of 2000. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A statewide nonprofit organization's center gave members questionnaires from lawyers whose experience and location matched a request. It did not recommend one participating lawyer over another; the member chose whom to hire. Participating lawyers paid an initial registration fee and a later contributing-member fee.
The committee concluded that the arrangement did not violate the Rules of Professional Conduct because the center's function was ministerial. It relied on Rule 7.2(c)(2), which permitted payment of the usual charges of a nonprofit lawyer referral service, and Rule 7.1's ban on false or misleading communications. The committee said questionnaires should not imply that a lawyer would produce superior results or claim specialization in an area of law.
Currency note
The opinion applied Vermont's Rules of Professional Conduct in 2000. Later amendments or opinions may have changed the advertising and referral analysis. Verify current rules before relying on the opinion's treatment of referral fees or questionnaire language.
Common questions
Q: Could the lawyer pay to participate in this service?
A: Yes. The committee said a lawyer could participate in a nonprofit referral program and pay its usual fees. It found the described center's information-sharing role ministerial.
Q: Did the service recommend a particular lawyer?
A: No. The center supplied questionnaires that matched a member's request, and the member decided whom to hire.
Q: What could the participating lawyer say in a questionnaire?
A: The opinion said the questionnaire should not suggest superior results or state that the lawyer specialized in a particular area of law.
Background and rules framework
The opinion set out Vermont Rules 7.1 and 7.2, cited Rules 7.3 and 1.17 within Rule 7.2, and discussed its earlier Opinion 87-2 and ABA Formal Opinion 87-355 on referral arrangements. Its holding was limited to the described nonprofit service.
Citations and references
Rules of Professional Conduct:
- Vermont Rules of Professional Conduct 7.1, 7.2, 7.3, 1.17
Other opinions cited:
- Vermont Advisory Opinion 87-2, a prepaid legal service plan
- ABA Formal Opinion 87-355, referral-plan fees
See also
Source
- Landing page: Vermont Bar Association lawyer-referral opinions
- Original PDF: Advisory Opinion 00-01
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