Could a Vermont lawyer join a for-profit referral service without paying for referrals?
Apply this to your situation
This page answers the general question as of 1995. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A for-profit membership club gave members lists of participating lawyers by geography and practice information. Club members received some free or discounted legal services, chose a lawyer from the list, and contracted with and paid that lawyer directly. Participating lawyers paid nothing to join or receive referrals.
The committee examined amended DR 2-103(C), which restricted giving value for a recommendation but permitted usual charges of a nonprofit referral service. It concluded that the described for-profit service did not violate the Code because the lawyers paid no referral or participation fee. The service neither provided legal services nor took part in the lawyer-client relationship.
Currency note
This opinion was issued in 1995 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 rule 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 a for-profit organizer alone make the described service impermissible?
A: No. The committee found no Code violation in this for-profit service because participating lawyers paid nothing for listing or referrals and members hired the lawyers directly.
Q: Who paid the participating lawyers?
A: The members who selected them contracted with and paid the lawyers directly under the club's discounted fee schedule.
Q: Did the service receive client confidences?
A: The opinion says the program did not require participating lawyers to disclose confidential information to the service.
Background and rules framework
The committee compared the former and amended text of DR 2-103(C) and quoted EC 2-15 on lawyer referral systems. Its conclusion was limited to the service described in the opinion, including the absence of any lawyer payment to the organizer.
Citations and references
Rules of Professional Conduct:
- Vermont Code of Professional Responsibility DR 2-103(C), EC 2-15
See also
- Vermont Ethics Op. 00-01: Nonprofit referral service
- Vermont Ethics Op. 87-12: Nonprofit referral fee
Source
- Landing page: Vermont Bar Association lawyer-referral opinions
- Original PDF: Advisory Opinion 95-02
- Vermont Supreme Court rules history, “These rules apply to lawyer conduct after September 1, 1999.”
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