Could a Vermont firm keep a partner's name in its title while the partner served full time in state government?

Short answer No. An open-ended state position expected to last at least eight months prevented active, regular firm practice and created possible confusion about the firm's influence.
Bar
VTBAR
Issued
1991

Apply this to your situation

This page answers the general question as of 1991. 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 Not binding precedent.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 named partner planned to take an open-ended, prominent state-government position for at least eight months to one year. The state would provide all compensation, and the employment terms did not permit active compensated private practice.

Former DR 2-102(C) prohibited use of a public officeholder's name in a firm name or communication during a substantial period when the lawyer was not actively and regularly practicing with the firm. The committee found both elements satisfied.

The narrow EC 2-12 exception for an officeholder permitted to divide time between public service and active private practice did not apply. Continued use could also confuse the public about whether the firm could achieve results through the officeholder's government influence.

Currency note

This opinion was issued in 1991, before Vermont's later revisions to the Rules of Professional Conduct. Treat the former-Code analysis as historical context and verify current firm-name and government-lawyer rules.

Common questions

Q: Did an intention to return to the firm preserve the name?

A: No. The opinion focused on the substantial period when the lawyer would not actively and regularly practice with the firm.

Q: Did nights-and-weekends involvement qualify as active practice?

A: No. Private practice would not be the lawyer's primary professional role or permitted source of compensation.

Q: How long was the state service expected to last?

A: At least eight months to one year, with no fixed end date.

Background and rules framework

Former DR 2-102(C) and EC 2-12 governed firm-name use during public service. DR 9-101 and DR 9-101(C) addressed appearances and implications of improper influence.

Citations and references

Former Vermont professional-conduct provisions:

  • DR 2-102(C) and EC 2-12
  • DR 9-101 and DR 9-101(C)

Other opinions cited:

  • Vermont Advisory Ethics Opinion 82-5

See also

Source

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