Under Vermont's 1982 Code, could a lawyer run a newspaper display ad with a photo, a free-consultation offer, and a scales-of-justice symbol?

Short answer Opinion 82-04 found that the described newspaper ad did not appear to violate former DR 2-101(D), while cautioning against content conveying more than that rule authorized.
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VTBAR
Issued
1982

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This page answers the general question as of 1982. 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 Not binding precedent.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 lawyer proposed a newspaper ad with his photograph, a free-consultation offer, name, address, court and bar credentials, language about personal injury and property-loss settlements, and a scales-of-justice symbol. The committee found that none of those described elements appeared to violate former DR 2-101(D), as amended by the Vermont Supreme Court in July 1977.

The opinion cautioned that words, drawings, artwork, and photographs should not even indirectly convey more than DR 2-101(D) permitted. It also referred readers to the committee's Opinion 77-13.

Currency note

This opinion was issued in 1982 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: Did the lawyer's photo and scales-of-justice symbol make the described ad impermissible?

A: The committee said none of the described elements appeared to violate DR 2-101(D), while cautioning that images must not convey more than the rule authorized.

Q: Could the ad offer a free case evaluation?

A: The proposed free-consultation statement was among the ad elements the committee found did not appear to violate the rule.

Background and rules framework

The opinion applied former DR 2-101(D), as amended in July 1977, to a specified newspaper display ad and cross-referenced Vermont Opinion 77-13.

Citations and references

Rules of Professional Conduct:

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

Other opinions cited:

  • Vermont Advisory Ethics Opinion 77-13, a display-advertising opinion

See also

Source

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