Vermont
Frequently Asked Questions from Volunteer Attorneys
An instruction video that answers many basic questions about the program is available here:
How does VT Free Legal Answers work?
VT Free Legal Answers is a web-based version of a walk-in clinic where low income Vermonters can request brief advice about a specific civil legal issue from a volunteer lawyer. Lawyers can provide basic legal advice without any expectation of long-term representation. Users who meet eligibility standards (see next question below) sign the use agreement, create a username and password, post a request for legal advice or information, and provide facts about their case to help the lawyer answer the question. Users select a category (such as “housing” or “debt”) that best describes their question. The lawyer may ask for additional information before responding to the user’s request. A user’s name and county, but no other identifying information, will be shared with the volunteer lawyer. Users are informed that there is no guarantee that a question will be answered. If a question is not answered within 30 days, the user will receive an email from the website administrator instructing them to seek assistance elsewhere. The user will also be provided with a list of resources.
Lawyers who would like to participate are asked to create a username and password, provide contact information and their Vermont attorney license number, sign the lawyer use agreement, and request approval from the website administrator. The website administrator checks that the lawyer is licensed in Vermont and is in good standing with the Vermont Board of Professional Responsibility. Once a lawyer has been approved by the website administrator, his or her account is activated, the lawyer receives an email notification, and he or she can begin answering user questions.
Lawyers may log in at any time to review a list of user questions and select the one(s) they want to answer. A lawyer will have the opportunity to read the full question before deciding whether to take it from the list and answer it. Once a lawyer takes a question from the list, the lawyer has three days to answer it. Lawyers may ask follow up questions if they need additional information in order to answer the user’s question. Likewise, a user can pose a follow up question to an answer, unless the lawyer indicates that his or her answer is a “final answer.” The lawyer’s identity is not revealed to the user unless the lawyer decides to do so. (More detailed information about navigating the website is at the end of the FAQ’s.)
Lawyers will be able to view a log of questions they have answered.
Who is eligible to use VT Free Legal Answers?
Eligibility for use of VT Free Legal Answers is limited to the following:
- The user must have household income of less than 250% of the federal poverty level;
- The user may not have liquid assets exceeding $5,000 in value (this includes checking and savings account balances, as well as the value of any stocks or bonds);
- The user may not be incarcerated;
- The user may not request assistance with criminal law matters.
Users must provide their name, county, and zip code in order to request advice, and agree to post no more than three legal questions per year on three different topics. They can follow-up with an attorney on each question as many times as the attorney and user choose to do so.
What kinds of lawyers can participate?
All Vermont-licensed lawyers in good standing are welcome! We need lawyers with all different areas of expertise to volunteer. We hope that the website will be a convenient way for lawyers to do pro bono work, and that it will appeal to lawyers who have been unable to participate in traditional pro bono work for whatever reason. We also hope to engage lawyers who already provide pro bono services and wish to do more.
What happens if a lawyer selects a question to answer, and then decides not to answer it?
If a lawyer determines that (s)he can’t answer a question, the lawyer may place the question back into the open question queue so that another volunteer lawyer may try to assist the user. If a lawyer takes a question and doesn't respond within three days, the question will automatically return to the open questions queue.
What type of relationship exists between the client and lawyer?
When a user submits a question and receives an answer from a lawyer, there will be a lawyer/client relationship formed between that client and the lawyer who responds. That relationship, however, will be limited in scope and duration as described in the use agreements for both users and lawyers. The representation will be limited to providing an answer to the legal question and will not involve any continuing representation of the client beyond the act of providing such an answer. The lawyer will provide short-term, limited legal services to a client (the eligible user of this site) without expectation by either the lawyer or the client that the lawyer will provide continuing representation in the matter. Both the eligible users and lawyers must consent to the limited nature of this relationship both as to scope and duration as indicated when they accept the terms of the use agreement. Eligible users and lawyers who do not accept the terms of the use agreement will not be allowed access to the site.
Must lawyers check for conflicts of interest before answering a question?
In general, the only conflicts of interest that would preclude a lawyer from answering a question for an eligible user of VT Free Legal Answers are conflicts of interest that the lawyer actually knows of at the time that the lawyer answers the question. Lawyers need not do a conflict of interest check upon viewing a name or reading about a particular situation, unless they actually recognize a conflict of interest with the person or the situation. This means that the possibility exists, and the clients agree that they understand, that a lawyer who answers a question (or another lawyer with whom they practice) may be representing other parties with an interest in the question.
What about professional liability insurance coverage?
Volunteer lawyers who provide brief advice and counsel via the website will be covered by professional liability insurance maintained by the American Bar Association and by Legal Services Law Line of Vermont, Inc. If a user and an attorney agree to meet off-line or continue services beyond the on-line service, there is no longer coverage under the ABA or the Legal Services Law Line professional liability insurance. If an issue of malpractice arises, the ABA Free Legal Answers administrator has the ability to trace each answered question back to the attorney who answered it.
Is there a confidentiality issue with client information/lawyer advice being housed on the internet?
The website is designed to insure client privacy. Information available to the website administrator and the lawyer responding to a question is confidential, subject to the limitations of the “Privacy/Confidentiality Policy. Client requests for information and the lawyer responses are maintained in a database for review to measure the effectiveness of the program. Information may be disclosed when legally required by government authorities conducting an investigation, to verify or enforce compliance with website policies and applicable laws, or to protect against mis-uses or unauthorized use of the website. An absolute guarantee of security is not possible when using the internet and internet based systems.
Can I subscribe to a specific category of cases?
If your area of practice is specialized and you only want to answer certain types of questions, you can subscribe to a category and receive an email notification each time a question in that particular category is posted. To subscribe to a category (for example, evictions), click on the “Manage Subscriptions” tab at the top of the screen. Scroll down to the category you are interested in and click on the red circle. When the red circle changes to a check mark, you have successfully subscribed to that category. You may also choose where you want to get subscription emails. To change it from your user name email, click on your email address next to the green check and enter your different email address. Click the save icon to save your email address. You can unsubscribe at any time.
Can I earn CLE credit?
The Vermont Board of Bar Examiners will be examining the question of CLE credits at its October meeting. We will update this FAQ after getting an answer after that meeting.
How do I navigate the Website and select questions to answer?
Go to vt.freelegalanswers.org and select “Sign In” at the top right side of your screen. After you enter your user name (which is your email address) and password, you will automatically be directed to a page that lists all the questions that have been posted for lawyers to answer.
There are three ways in which to view questions in the queue:
- The default view is a list of all the questions in the queue.
- Questions with red-outline flags are those that have been posted for more than 10 days and questions with filled-in red flags are questions that have been in the queue for at least 25 days and will be closed if no lawyer is able to answer them. Questions that are not answered within 30 days will be closed and the client will be notified.
- Click “Filter” to view questions sorted by category.
- Click "Home" to see questions in your personal queue.
You can also click the "Preview" button to read the first few lines of a question. If you decide you want to see more details, click “Subject” to be taken to the question detail page. When you have found a question you’d like to answer, click “I want to answer this question” on the bottom of the question detail page. If you then decide that you don’t want to take a question, click "I want to return this question" to send it back to the full queue. Click "Answer Now" or "Answer Later", depending on your preference. If you fail to respond to a question that you have selected within 3 days, the question will be moved back into the queue. Once you have taken the question, you will be able to reply to the client and provide an answer or ask follow up questions. The client will not know your identity unless you choose to provide it. If you ask the client a question, you will receive an email when the client responds and a prompt to log back into the website to respond.