Could a law firm join a contractors' association and represent its members?

Short answer Opinion 79-09 found no Code violation in the simple fact of associate membership in the Associated General Contractors of Vermont or representation of other members. It identified possible advertising and paid-recommendation issues arising from later conduct.
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VTBAR
Issued
1979

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This page answers the general question as of 1979. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A Vermont firm asked whether it could become an associate member of the Associated General Contractors of Vermont. The association promoted construction interests through activities including public relations, lobbying, and member education.

The committee said it could not give a definitive negative answer to every possible Code issue without reviewing all of the association's functions. It was unaware of a Code provision violated by membership alone or by representing other members as clients.

It identified two possible issues after membership: publicity for the firm through the association that could violate lawyer advertising restrictions, and dues that might be treated as a thing of value given to secure a client recommendation under DR 2-103(B). The opinion did not find either violation had occurred.

Currency note

This opinion was issued in 1979 under Vermont's former Code of Professional Responsibility. The Vermont Supreme Court's rules history says the Rules of Professional Conduct replaced the Code and applied to lawyer conduct after September 1, 1999; the court later made comprehensive amendments in 2009. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement.

Common questions

Q: Did mere associate membership violate the Code?

A: The committee was unaware of any Code provision violated by the simple fact of the firm's membership.

Q: Did representing other association members violate the Code?

A: The committee likewise identified no violation in the simple fact of representing other members as clients.

Q: What later conduct concerned the committee?

A: It identified publicity that might violate advertising restrictions and dues that might be construed as payment for a recommendation under DR 2-103(B).

Background and rules framework

The opinion discussed the former Code's advertising restrictions and DR 2-103(B)'s prohibition on giving a thing of value to secure or reward a recommendation.

Citations and references

Vermont Code of Professional Responsibility:

  • DR 2-103(B).

See also

Source

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