Could a Vermont lawyer mail office-opening announcements naming practice areas to prospective clients?
Apply this to your situation
This page answers the general question as of 1988. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer opening a Vermont office proposed mailing an announcement of a general practice, including named subject areas, to lawyers and others whose work related to those areas. The committee held that former DR 2-105 allowed the lawyer to list fields of concentration without claiming specialist status.
The committee also found the general mailing permissible under former DR 2-104(3), which allowed broadly distributed letters to people who might generally find the services useful. It distinguished a mailing aimed at people known to need legal services in a specific matter and noted the rule's limits on misleading, unwanted, coercive, or harassing communications.
Currency note
This opinion was issued in 1988, before Vermont's 1999 adoption of the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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: Could the announcement name several intended practice areas?
A: Yes. The committee treated the list as permitted concentration information under DR 2-105, rather than a specialist claim.
Q: Could it be mailed to people connected generally with those areas?
A: Yes. The committee concluded the proposed general mailing fell within DR 2-104(3).
Background and rules framework
The opinion applied former Vermont DR 2-105 on practice fields and DR 2-104(3) on general mailings. It cited Model Rule 7.3 in a footnote discussing Shapero.
Citations and references
Former Vermont disciplinary rules:
- DR 2-101, DR 2-104(3), and DR 2-105.
Model Rules cited:
- Model Rule 7.3.
Cases cited:
- Shapero v. Kentucky Bar Association, 56 U.S.L.W. 4531 (U.S. June 13, 1988).
Other opinions cited:
- Vermont Opinions 79-11 and 79-17.
See also
- Vermont Ethics Op. 79-17: Alumni directory concentration
- Vermont Ethics Op. 91-02: Yellow Pages fields
Source
- Landing page: VBA specialization opinions
- Original PDF: Vermont Advisory Opinion 88-05
- Rules history: Vermont Rules of Professional Conduct, “These rules apply to lawyer conduct after September 1, 1999.”
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