Attorney Advertising Rules for the State of Vermont

In Vermont, attorney advertising is governed by the Vermont Rules of Professional Conduct, specifically Rules 7.1 through 7.5. These regulations are designed to ensure that lawyers’ communications about their services are truthful, not misleading, and uphold the integrity of the legal profession.

Rule 7.1: Communications Concerning a Lawyer’s Services

This rule prohibits attorneys from making false or misleading statements about their services. A communication is considered false or misleading if it contains a material misrepresentation of fact or law, or omits information necessary to make the statement not materially misleading. For example, claims that create unjustified expectations or comparisons that cannot be substantiated are prohibited.

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Rule 7.2: Advertising

Lawyers are permitted to advertise their services through various media, provided they adhere to certain conditions:

• Payment for Recommendations: Attorneys shall not give anything of value to a person for recommending their services, except for paying the reasonable costs of advertisements or communications permitted by this rule, paying the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service, and reciprocal referral agreements under specific conditions.

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• Required Disclosures: Advertisements must include the name and office address of at least one lawyer or law firm responsible for their content.

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These provisions ensure transparency and accountability in lawyer advertising.

Rule 7.3: Direct Contact with Prospective Clients

This rule addresses direct solicitation of clients:

• Prohibited Solicitations: A lawyer shall not solicit professional employment by in-person, live telephone, or real-time electronic contact when a significant motive is the lawyer’s pecuniary gain, unless the person contacted is a lawyer or has a family, close personal, or prior professional relationship with the lawyer.
• Permitted Written Communications: Solicitation through written, recorded, or electronic communication is permitted under certain conditions, provided it complies with Rule 7.1 and is not coercive or harassing.

These guidelines are in place to protect potential clients from undue influence or harassment.

Rule 7.4: Communication of Fields of Practice and Specialization

Lawyers may communicate the fact that they do or do not practice in particular fields of law. However, a lawyer shall not state or imply that they are certified as a specialist in a particular field of law, unless they have been certified by an organization approved by an appropriate authority or accredited by the American Bar Association, and the name of the certifying organization is clearly identified in the communication.

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This rule ensures that claims of specialization are verifiable and not misleading to the public.

Rule 7.5: Firm Names and Letterheads

This rule governs the use of firm names and professional designations:

• Use of Trade Names: A law firm may use a trade name in private practice if it is not misleading and does not imply a connection with a government agency or with a public or charitable legal services organization.
• Names of Lawyers: The use of names of deceased or retired members is permissible if the firm is a bona fide successor. However, the name of a lawyer holding public office must not be used in the firm name during any substantial period in which the lawyer is not actively and regularly practicing with the firm.

These provisions help maintain clarity and prevent public confusion regarding the identity and status of lawyers in a firm.

Attorneys practicing in Vermont should familiarize themselves with these rules to ensure compliance in their advertising practices. For comprehensive information and resources, attorneys can consult the Vermont Bar Association’s compilation of the Vermont Rules of Professional Conduct, which provides access to the full text of the rules, ethics opinions, and guidelines to assist lawyers in adhering to ethical standards in all aspects of their practice.

Vermont Bar Association