Could a Vermont lawyer advertise concentrations in more than one field of law?
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.
Plain-English summary
Former Vermont DR 2-105 allowed a lawyer to communicate that the lawyer practiced or concentrated in one or more fields. The committee concluded that an individual lawyer or firm could therefore advertise concentration in more than one field.
That permission was subject to DR 2-101. The opinion said an advertisement could not be false or misleading and could not make a claim about quality of service or competence unless the claim could be factually substantiated. It also quoted DR 2-105's separate limits on stating that a lawyer was a specialist.
Currency note
This opinion was issued in 1994, 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 Treat this page as historical context, not current guidance.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 a lawyer limited to advertising one concentration?
A: No. The committee read DR 2-105 to permit advertising concentration in more than one field.
Q: Could the advertisement make an unsupported competence claim?
A: No. The opinion applied DR 2-101's requirement that claims about quality of service or competence be factually substantiated.
Background and rules framework
The opinion applied former Vermont DR 2-101 on communications about legal services and DR 2-105 on fields of practice. Its conclusion addressed advertised concentrations, not certification as a specialist.
Citations and references
Former Vermont disciplinary rules:
- DR 2-101 and DR 2-105.
Cases cited:
- In Re Zimmerman, 438 N.Y.S. 2d 400, 18 (New York Appellate Division 1981); Bates v. State Bar of Arizona, 433 U.S. 350.
See also
- Vermont Ethics Op. 92-09: Advertising specialization
- Vermont Ethics Op. 91-10: Trade names and concentration
Source
- Landing page: VBA specialization opinions
- Original PDF: Vermont Advisory Opinion 94-12
- Rules history: Vermont Rules of Professional Conduct, “These rules apply to lawyer conduct after September 1, 1999.”
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