Could a Vermont lawyer call a property owner to seek legal work after seeing the owner's for-sale advertisement?

Short answer Opinion 94-06 says the sale advertisement was not an initial request for legal services, so former DR 2-104 barred the lawyer's proposed solicitation call while allowing contact by letter.
Bar
VTBAR
Issued
1994

Apply this to your situation

This page answers the general question as of 1994. 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 Not binding precedent.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 property owner placed a for-sale advertisement in a mass-media publication. A lawyer asked whether that advertisement counted as an initial communication from the seller, permitting the lawyer to call and offer real estate legal services.

The committee said an invitation to inquire about the property was not a request for legal services. Because the lawyer would initiate a telephone call to seek employment, former DR 2-104 prohibited it on those facts. The opinion said the lawyer could instead contact the seller by letter under DR 2-104(3).

Currency note

This opinion was issued in 1994 under Vermont's former Code of Professional Responsibility. The Vermont Supreme Court's rules history states that the Rules of Professional Conduct applied to lawyer conduct after September 1, 1999. Later amendments or opinions may have changed the analysis. Treat this opinion as historical context and verify current rules before relying on it.

Common questions

Q: Did the seller's for-sale advertisement authorize a lawyer's solicitation call?

A: No. The committee found no initial communication requesting legal services and prohibited the lawyer-initiated call.

Q: Did the opinion also prohibit a letter?

A: No. It expressly said contact by letter was not prohibited under former DR 2-104(3).

Background and rules framework

The opinion applied former DR 2-104's restriction on lawyer-initiated telephone solicitation and distinguished its provision for written letters.

Citations and references

Rules of Professional Conduct:

  • Vermont Code of Professional Responsibility DR 2-104 and DR 2-104(3)

See also

Source

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