Under Vermont's 1981 Code, could a lawyer mail a fee schedule directly to a class of prospective clients?

Plain-English summary

A lawyer proposed mailing a fee schedule for specified services to a class of potential clients. The committee said the fee information could be advertised under former DR 2-101(D), but only through the Code's defined written commercial advertising media, such as outside commercial publications and directories. Individual mailings did not fit that definition.

The committee therefore treated the proposed mailing as prohibited solicitation under DR 2-103(A). It acknowledged a constitutional argument but said it had to apply Vermont's Code until amendment or adjudication. It observed separately that proposed Model Rule 7.2 would allow the communication under stated accuracy, contact, and record-retention conditions; that proposed rule was not the Vermont rule the committee applied.

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 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: Why did the fee-schedule mailing fail under the then-current Code?

A: The committee said the fee information was permitted advertising only in specified commercial publications or directories. A direct mailing was outside that category and violated DR 2-103(A).

Q: Did the committee resolve the possible constitutional objection?

A: No. It said Vermont's Code remained its guide until the pertinent section was changed or held unconstitutional.

Background and rules framework

The opinion applied the advertising-media limits in former DR 2-101(D) and the solicitation prohibition in DR 2-103(A). Its discussion of proposed Model Rule 7.2 was informational rather than the basis of the holding.

Citations and references

Rules of Professional Conduct:

• Vermont Code of Professional Responsibility DR 2-101(D) and DR 2-103(A)
• Proposed ABA Model Rule 7.2 (May 30, 1981 draft)

See also

• Vermont Ethics Op. 88-05: Office announcements
• Vermont Ethics Op. 94-13: Discounts and consultations

Source

• Landing page: Vermont Bar Association advertising opinions
• Original PDF: Opinion 81-12
• Vermont Supreme Court rules history, “These rules apply to lawyer conduct after September 1, 1999.”