20020081 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20020081

Rules: 4–7.5; 4–7.1

Information About Legal Services

Firm Names and Letterheads; Communication Concerning a Lawyer's Services

Subject: Advertising and Solicitation; Firm Names

Summary: lawyers advertising without reference to their firm

QUESTION:
Question 1. Attorney A is a partner in a firm. Attorney B is an associate in the same firm. Can Attorney A and Attorney B advertise together and not mention the name of the firm at which they are partner and associate respectively in their advertisement?
Question 2. Attorney A is a partner in a firm with Attorney B. Can Attorney A advertise as “A and Associates,” separate from Attorney A’s current partner and not mention the current partner in such advertisement?
Question 3. Attorney A is a partner in a law firm. Attorney B is an associate in the same firm. Can Attorney A advertise separately from the firm and not mention the name of the firm?
Question 4. Attorney A is a partner in a law firm. Attorney B is an associate in the same firm. Can Attorney B advertise separately from the firm and not mention the name of the firm?

ANSWER:
Question 1. Advertising in association with other lawyers may give the impression to the public that the lawyers are practicing in a partnership or other organization. See rule 4 dash–7.5(f) This may be misleading to the public. See Rule 4 dash–7.1
Questions 2., 3., and 4. If an attorney is a member of two firms, both firms will have to reference the other firm everywhere the firms hold themselves out to the public. The conflicts of either firm will be the conflicts of both. An attorney may not advertise under a different name, without referencing the firm name, if the attorney’s sole practice is in that firm.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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