Judicial rules committee backs clarifying amendment to protect lawyer‑referral calls

Dixon Corbett, chair of the Vermont Rules of Evidence Committee and a Superior Court judge, told the Joint Judicial Rules Committee that his committee unanimously recommends amending evidence Rule 502 to make explicit that calls to the Vermont Bar Association lawyer‑referral service are protected by the attorney‑client privilege.

Corbett said the referral service — which is sometimes staffed by volunteers or non‑attorney employees — helps callers describe legal problems and connect with attorneys. "The committee concluded unanimously that Vermont's rule 502 ought to be amended to make clear that conversations between a prospective client and the lawyer referral service are protected in the same way as conversations between a prospective client and an attorney," Corbett said.

He told lawmakers the change responds to examples from other states where referral calls were not clearly covered, and that Bob Paolini of the Vermont Bar Association reviewed the proposed language and agrees it addresses the concern. Corbett said there have been no reported instances in Vermont of a party seeking to discover such calls, but the amendment is intended to remove any doubt.

Committee members asked procedural questions about drafting and noted the item was currently in its comment period rather than before the committee for a final vote. Chair Allison Clarkson said this was an opportunity for feedback and that no objection would be noted in the minutes if members chose not to take formal action at this meeting.

Next steps: the proposed amendment remains in the comment period; the reporter and Rules of Evidence Committee will circulate final draft language and the Judicial Rules Committee may register comment or objection as appropriate.