May a Vermont firm pay for a location-based listing in an accident assistance app?
Apply this to your situation
This page answers the general question as of 2014. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The app described in the opinion helps a driver at an accident scene record information and find nearby services, including lawyers. A firm proposed paying an annual fee for a listing by zip code. Listings were limited in each area, and an agreement would extend a firm's listing without extra charge if the firm retained fewer than six clients during the year.
The committee distinguished the app from a lawyer referral service or prepaid plan. The app displayed paid lawyer advertisements by location and practice field, made no claim to evaluate lawyers, and did not promise a referral or prepay legal services. The annual fee and possible extension did not change the committee's classification. On these facts, Rule 7.2(b)(2)'s referral service limits did not apply.
The listing still had to comply with Rules 7.1 through 7.4. The committee found no misleading advertisement in the proposed arrangement, but emphasized that actual contacts must satisfy the advertising and solicitation restrictions. It did not treat the described app use as prohibited solicitation because users chose to acquire the app before an accident; it noted that a change in the facts or the app's operation could change that analysis.
In practice
For the specific app and fee arrangement described, the opinion permits a firm's paid listing as an advertisement. Its conclusion depends on the app presenting the listing as advertising without a recommendation, endorsement, or claim of specialized expertise.
Common questions
Q: Did the committee classify the app as a lawyer referral service?
A: No. The app listed lawyers by location and field, identified paid listings as advertisements, and made no claim to select a lawyer for a user.
Q: Did the extra listing time after fewer than six retained clients make it a referral fee?
A: No. The committee said that commercial term remained consistent with an advertising arrangement and did not trigger Rule 7.2(b)(2).
Q: Did the opinion approve any later contact with app users?
A: No. It said actual contact must comply with the advertising and solicitation rules, and that changed app practices could affect the conclusion.
Background and rules framework
The opinion applies Vermont Rule 7.2 to paid advertising and referral services, Rule 7.1 to misleading communications, Rule 7.3 to solicitation, and Rule 7.4 to claims about practice fields and specialization.
Citations and references
Vermont Rules of Professional Conduct:
- Rules 7.1, 7.2, 7.3, and 7.4
See also
Source
- Landing page: VBA lawyer referral service opinions
- Original PDF: Vermont Advisory Opinion 14-03
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