Could a professor unlicensed in Vermont consult for a Vermont lawyer on client matters?

Short answer Opinion 90-02 permitted consultation and research for the licensed lawyer if that lawyer supervised and verified the work and remained responsible for client advice. The Vermont lawyer was to pay the professor directly, and client secrets could not be shared without informed consent.
Bar
VTBAR
Issued
1990

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This page answers the general question as of 1990. 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 Not binding precedent.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 Vermont lawyer paid a law professor who was not licensed in Vermont for consultations on client legal issues. The request said some discussions involved client information but no client identity. The committee's conclusion assumed that no confidence or secret was disclosed.

The committee distinguished legal work performed directly for a client from consultation supplied to a licensed lawyer. It permitted the arrangement where the Vermont lawyer maintained client contact, supervised and verified the consultant’s work, and took full responsibility for advice and other work given to the client.

The committee said the Vermont lawyer should pay the professor rather than have the professor bill the client directly, in light of former DR 3-102’s fee-sharing restriction. Its answer assumed no client identity, confidence, or secret was revealed; disclosure of such information would require client consent after full disclosure.

Currency note

This opinion was issued in 1990 under Vermont's former Code of Professional Responsibility. The Vermont Supreme Court's rules history says the Rules of Professional Conduct replaced the Code and applied to lawyer conduct after September 1, 1999; the court later made comprehensive amendments in 2009. 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 Treat this page as historical context, not current guidance.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: Was the professor’s consultation itself unauthorized practice?

A: No, on the stated arrangement where the Vermont lawyer supervised, verified, and owned the client-facing work.

Q: Who should pay the professor?

A: The Vermont lawyer, who could then bill the client for the support service.

Q: Could the lawyer reveal a client’s identity or secrets to the professor?

A: The opinion assumed no such disclosure; if it were needed, client consent after full disclosure was required.

Background and rules framework

The opinion applied former Canon 3, DR 3-101(B), EC 3-5, EC 3-6, and DR 3-102 to consultation by an unlicensed lawyer.

Citations and references

Vermont Code of Professional Responsibility:

  • Canon 3; DR 3-101(B); EC 3-5; EC 3-6; DR 3-102.

Case cited:

  • In Re Welch, 123 Vt. 180 (1962).

See also

Source

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