Ezel / Ethics Opinions / VTBAR

Could a Vermont firm advertise that it had hired a law clerk?

Short answer Opinion 81-05 allowed a newspaper notice and cards announcing a firm's law clerk because the proposed messages made clear that the clerk was not an attorney.
Bar
VTBAR
Issued
1981
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 1981. 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 Not binding precedent.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 firm proposed to announce that it had hired a law clerk through a newspaper advertisement and mailed cards. It said the notices would clearly identify the clerk as someone who was not an attorney. The committee reasoned that the former Code's lawyer-advertising restrictions did not prohibit this announcement of a law clerk's employment.

The committee treated disclosure of the clerk's nonlawyer status as critical because it kept the advertisement from misleading the public. It cited Vermont DR 2-101(2) and discussed Bates et al v. State Bar of Arizona in explaining why the lawyer-advertising regulations were construed narrowly.

Currency note

This opinion was issued in 1981 under Vermont's former Code of Professional Responsibility. The Vermont Supreme Court's rules history states that the Rules of Professional Conduct applied to lawyer conduct after September 1, 1999. Later rule amendments or opinions may have changed the analysis. Treat this opinion as historical context and verify current rules before relying on it.

Common questions

Q: Could the firm announce the clerk's employment in a newspaper?

A: Yes. The committee allowed the proposed newspaper advertisement when it clearly stated that the clerk was not an attorney.

Q: Could the firm send announcement cards?

A: Yes. The opinion covered the proposed cards on the same condition: the message had to disclose the clerk's nonlawyer status.

Q: Why did the disclosure matter?

A: The committee said it was critical because it kept the announcement from being misleading to the public.

Background and rules framework

The opinion addressed Vermont DR 2-101(2), which regulated publicity about lawyers. The committee concluded that the rule did not forbid the firm from advertising a law clerk's employment under the stated facts.

Citations and references

Rules of Professional Conduct:

  • Vermont Code of Professional Responsibility DR 2-101(2)

Cases:

  • Bates et al v. State Bar of Arizona, 433 U.S. 350 (1977), attorney advertising and truthful notices

See also

Source

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