00 VTEO, 2000-08

• Court: Vermont

2000-08 Advisory Ethics Opinion 2000-08 Vermont Advisory Ethics Opinions 2000          SYNOPSIS:          An attorney who works as a human resources consultant, and who will not be providing legal services or practicing law in this capacity may properly identify himself as holding a “J.D.” degree, and refer to his prior legal experience as a practicing attorney in conjunction with his consulting business, providing that he informs the clients with whom he has dealings that he is not acting as an attorney, and that no attorney-client relationship exists.          FACTS:          An attorney who works as a consultant in the human resources field with other consultants who are non-attorneys, proposes to form a new business entity to provide such services. He will not be providing legal services or practicing law in his new capacity, and intends to place his license to practice on inactive status while so engaged. Because the services he will be providing will involve him in issues relating to statutes regarding employment practices, even though he will not be acting as an attorney in dealing with such issues, he is concerned about the scope of any restrictions to which he may be subject in presenting himself to the public and to clients of the enterprise. Specifically, the requesting party routinely proposes to inform all individuals with whom he has dealings that he is not acting as an attorney, and that no attorney-client relationship exists. This disclaimer will be incorporated in all contracts and engagement letters with clients, including specific language cautioning clients that protections and restrictions attributable to the Rules of Professional Responsibility, such as the attorney-client privilege, are inapplicable.          The requester asks:          1) Whether it is permissible to put J.D. on his business cards following his name where the title “Consultant’ or a similar designation appears.          2) Whether he may refer to his prior legal experience in a biography which explains that he currently provides consulting services in the human resources field.          DISCUSSION:          The Rules of Professional Conduct are intended to govern persons engaged in the “practice of law.” The term “practice of law” is not defined by the Rules, and the definition of the term...