Vt. Sup. Ct. Admin. Order 41 § 17

Any attorney while on extended active duty in the uniformed

services of the United States or member of the national guard, state guard, or reserve component

who is licensed to practice law at the time of activation or deployment will:

(a) receive an extension of licensure up to 90 days following the attorney’s return from

activation or deployment, provided the attorney:

(1) notifies the State Court Administrator of his or her activation or deployment prior

to the expiration of the current license, and

(2) certifies that the circumstances of the activation or deployment impede good faith

efforts to make timely application for renewal of the license.

(b) be given a reasonable opportunity to meet the terms or conditions of licensure

following the person’s return from activation or deployment if military service in any way

interferes with a good faith effort to complete a term or condition of licensure.

Reporter’s Notes — 2017 Amendments

The 2017 amendments to Administrative Order 41 are

comprehensive. Some sections have been added, some existing

sections have been reorganized and renumbered, and other

sections have been deleted. The changes are intended to bring

clarity to the licensing (and relicensing process) and to reflect

practices that have developed over time. Because of the

comprehensive nature of the proposed revision, it is not possible to

present the amendments with strike out and underline to show

changes. Instead, the prior administrative order has been repealed

and replaced. These Notes attempt to identify the relevant prior

sections where the language in the sections are drawn and to point

out where the new rules reflect a substantive change from the prior

requirements.

New § 1 is derived from former § 2 and the language is mostly

unchanged. A reference to V.R.Pr.C. 5.5 is added to reflect that

there are exceptions to the general prohibition of the unauthorized

practice of law.

New § 2 is derived from former § 1. Revised § 2 omits reference

to a specific fee and instead references a fee schedule approved by

the State Court Administrator. This obviates the need to amend the

rules each time fees change.

New § 3 carries over the language former § 3. A specific

reference to 4 V. S. A. § 908 is added to reinforce the requirement

that attorney licensing fees must be used only for the specific

purposes stated in the statute.

New § 4 is derived from former § 7. The new section is revised

to add to the licensing statement a requirement that attorneys must

choose a particular status.

New § 5 is derived from former § 10 without much change.

New § 6 substantially carries over the language from former § 6.

The section is revised to clarify that suspension for failure to pay a

licensing fee will be nondisciplinary and administrative. The new

section directs that notices of suspension will be sent by email

rather than by certified mail as required by the former rule.

New § 7 contains the language from former § 12 without

change, except to eliminate reference to a specific reinstatement

fee.

The amendments to §§ 8-11 include two new licensing

categories: judicial and pro bono emeritus. For clarity, the

amendments create a separate rule for each category.

New § 9 concerns inactive status, which was covered by former

§ 5. Under former § 5, only certain lawyers were authorized to

choose “inactive” status. The revised § 9 allows any lawyer to

choose inactive status. The new section clarifies that lawyers

choosing inactive status must complete and file a licensing

statement and are not authorized to practice.

New § 10 is derived from former § 5, which exempted judges

from paying a fee and filing a licensing statement, and made them

eligible to choose inactive status. New § 10 carries over prior

practice, but is intended to create a category specific to the listed

judicial officers, rendering them ineligible to claim any other status

while in office.

Section 11 creates a pro bono emeritus status—a new category

of license in Vermont, but one that has been adopted by 40 other

states. The proposal originated with Vermont Bar Association’s Pro

Bono Committee and was endorsed by the VBA Board of Bar

Managers. A substantial number of Vermonters do not have

reasonable and affordable access to legal services. The result is a

staggering number of self-represented litigants left to navigate

complicated issues in a complex system without legal advice. The

pro bono emeritus status provides a tool for the growing number of

attorneys, from within and without Vermont, who are willing to

provide legal services to those of limited means, but who want to

do so without maintaining an active license that requires a

significant fee and completion of 20 hours of mandatory continuing

legal education.

Under new § 11, lawyers will be required to complete at least 8

hours of CLE, including 2 hours of ethics. In addition, it is expected

that the fee approved by the State Court Administrator for this

category will be substantially less than the fee charged to lawyers

on active and inactive status.

The amendment limits pro bono emeritus lawyers to providing

legal services to the same category of people and organizations

listed in Rule 6.1 of the Vermont Rules of Professional Conduct, the

rule on Voluntary Pro Bono Publico Service.

An attorney on pro bono emeritus status is precluded from

charging, collecting, or attempting to collect a fee and must provide

legal services without expectation of a fee. However, an attorney

on pro bono emeritus status may accept an award of statutory

attorney’s fee. See V.R.Pr.C. 6.1 cmt. [4]. Attorneys who receive

such awards “are encouraged to contribute an appropriate portion

of such fees to organizations or projects that benefit persons of

limited means.” Id.

Attorneys who chose pro bono emeritus status should explore

obtaining free liability or malpractice insurance through programs

offered by the Vermont Volunteer Lawyers Project, the Vermont Bar

Association, and http://vt.freelegalanswers.org.

Section 12 is new and allows a lawyer to relinquish a license to

practice law. Under the old rules, a lawyer’s choice was limited to

active or inactive status. A practice developed in which the

Attorney Licensing Office allowed lawyers to resign, subject to

agreeing they might be required to go through the entire admission

process to return to active status, including the bar exam. Neither

former Administrative Order No. 41 nor the Rules of Admission

allowed such a practice. This amendment provides lawyers with a

tool to relinquish a license, defines who is eligible to relinquish a

license, and sets out the consequences of relinquishment of a

license.

New § 13 carries over the language of former § 8 without

substantive change.

New § 14 carries over the language of former § 9 without

substantive change.

New § 15 carries over the language of former § 11 without

substantive change.

New § 16 carries over the language of former § 13 without

substantive change.

New § 17 carries over the language of former § 14 without

substantive change.

Former § 13A, which allowed government attorneys seeking

admission without examination to practice pending completion of a

three-month clerkship, has been removed because attorneys are no

longer required to complete a three-month clerkship prior to

admission.