Could a nonlawyer business complete financial affidavits and child-support calculations for pro se litigants?
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This page answers the general question as of 2003. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A nonlawyer proposed a business helping self-represented family-court litigants identify records, complete financial affidavits, and calculate child support. The proposal described the work as form completion, not legal advice.
The committee found that choices about what information to include and how to apply support guidelines could require professional judgment. Preparing filings on which legal rights depended went beyond handing out forms and was unauthorized practice if the nonlawyer performed it independently.
The committee allowed a lawyer to associate with the business only if the lawyer actually supervised the nonlawyer and oversaw the work supplied to clients. It also required precautions against improper fee sharing under Rule 5.4, such as the lawyer dealing and billing directly with clients.
In practice
The committee distinguished unsupervised help selecting and completing family-court filings from a lawyer-supervised service. It allowed association with the nonlawyer only with actual oversight of the work and precautions against improper fee sharing.
Common questions
Q: Was distributing a packet of forms alone treated the same way?
A: No. The opinion distinguished earlier Opinion 76-10, which allowed mere distribution of information and forms.
Q: Why was this proposed service different?
A: Financial affidavits and child-support calculations could require judgment about legally relevant information and variables.
Q: Could a lawyer associate with the business?
A: Yes, if the lawyer actually supervised the work product and avoided improper fee sharing.
Background and rules framework
The opinion applied Vermont Rules 5.5(b), 5.3, and 5.4(a), (b), and (d). It distinguished Vermont Opinions 76-10 and 1999-03.
Citations and references
Vermont Rules of Professional Conduct:
- Rules 5.5(b), 5.3, and 5.4(a), (b), (d).
Cases cited:
- In Re Welch, 123 Vt. 180 (1962); In re Pilini, 122 Vt. 385 (1961).
Other opinions cited:
- Vermont Opinions 76-10, 1999-03, 1990-02, 1995-10, and 1995-15.
See also
- Vermont Ethics Op. 90-02: Unlicensed professor consulting for a lawyer
- Vermont Ethics Op. 99-03: Paralegal at lender closing
Source
- Landing page: VBA unauthorized practice opinions
- Original PDF: Vermont Advisory Opinion 03-08
- Rules history: Vermont Rules of Professional Conduct, “These rules apply to lawyer conduct after September 1, 1999.”
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