Could a Vermont lawyer advertise that the lawyer specialized in a practice area?

Short answer Opinion 92-09 said the proposed 'specializes in' advertisement violated former DR 2-105 absent the rule's patent, admiralty, or Vermont Supreme Court recognition exceptions. The lawyer could instead describe a practice as limited to or concentrated in that field.
Bar
VTBAR
Issued
1992

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This page answers the general question as of 1992. 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 Not binding precedent.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 asked whether print and radio advertisements could say the lawyer “specializes in” a field other than patent or admiralty law. The committee concluded that the claim would violate former Vermont DR 2-105 unless the rule's conditions for patent or admiralty practice or Vermont Supreme Court recognition as a specialist were met.

The committee distinguished a claim of specialization from describing a practice as “limited to” or “concentrates” in a field. It cited its Opinion 91-10 for that distinction. It also discussed Peel, which concerned a bona fide certification; the requesting lawyer had shown no comparable certification.

Currency note

This opinion was issued in 1992, 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 Treat this page as historical context, not current guidance.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: Was 'specializes in' treated like 'concentrates in'?

A: No. The committee said a lawyer could use “concentrates” or “limited to” under DR 2-105, while the proposed specialization claim was barred by that rule.

Q: Did the opinion reject every specialist designation?

A: No. It described DR 2-105's patent and admiralty conditions and the exception for recognition as a specialist under Vermont Supreme Court requirements.

Background and rules framework

The committee applied former Vermont DR 2-105 on communicating fields of practice. It distinguished a certification discussed by the U.S. Supreme Court in Peel from this lawyer's unqualified advertising claim.

Citations and references

Former Vermont disciplinary rules:

  • DR 2-105.

Cases cited:

  • Peel v. Illinois Attorney Registration and Disciplinary Commission, 496 U.S. 91 (1990); Trumbull County Bar Ass'n v. Joseph, Ohio Supreme Court No.90-2086 (April 13, 1991).

Other opinions cited:

  • Vermont Opinion 91-10.

See also

Source

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