Under Vermont's 1983 Code, could a lawyer who was also a CPA put CPA on legal business cards, stationery, and an office sign?
Apply this to your situation
This page answers the general question as of 1983. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer who also practiced as a certified public accountant asked whether he could show the CPA designation on business cards, stationery, and an office sign. The committee said former DR 2-102(E) prohibited identifying another profession on those lawyer materials.
The committee limited its answer to the Code as then adopted in Vermont. It noted that the ABA had recommended repealing the provision in light of constitutional advertising decisions, but did not decide the constitutional issue. Later Opinion 88-10 reports that the Vermont Supreme Court deleted DR 2-102(E) and reached a different result under the remaining misleading-communication rule.
Currency note
This opinion was issued in 1983 under Vermont's former Code of Professional Responsibility. Opinion 88-10 reports that the Vermont Supreme Court later deleted the provision on which this holding depended. The Vermont Supreme Court's rules history states that the Rules of Professional Conduct applied to lawyer conduct after September 1, 1999. Treat this opinion as historical context and verify current rules before relying on it.
Common questions
Q: What rule controlled the committee's answer?
A: Former DR 2-102(E) barred a lawyer practicing another profession from indicating that fact on legal letterhead, an office sign, or a professional card.
Q: Did the committee decide whether that restriction was constitutional?
A: No. It said its opinions addressed the meaning of Vermont's adopted Code and noted the ABA's repeal recommendation and constitutional decisions.
Background and rules framework
The holding rested on former DR 2-102(E). The later deletion of that section is stated in Opinion 88-10, which analyzed similar facts under DR 2-101.
Citations and references
Rules of Professional Conduct:
- Vermont Code of Professional Responsibility DR 2-102(E)
See also
- Vermont Ethics Op. 88-10: Other professional credentials
- Vermont Ethics Op. 79-13: Nonlawyers on letterhead
Source
- Landing page: Vermont Bar Association advertising opinions
- Original PDF: Opinion 83-02
- Later official opinion: Opinion 88-10, “the Vermont Supreme Court has deleted DR 2-102(E)”
- Vermont Supreme Court rules history, “These rules apply to lawyer conduct after September 1, 1999.”
What do the rules say today, for your facts?
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