Informal Opinion Number: 20070003

QUESTION:  Attorney would like to send out a newsletter to clients and potential clients, i.e. individuals with whom the firm has not had a prior relationship of any kind. Would this practice violate rules 4-7.1, 4-7.2, 4-7.3(b) or 7-7.4?

ANSWER: If the newsletter is sent only to clients and others whom Attorney is not aware have a specific need, it does not need to comply with Rule 4-7.3. The newsletter must comply with Rules 4-7.1, 7.2, 7.4 and 7.5. There are no concerns with Rule 4-7.1, assuming that all of the information is truthful and not misleading. Attorney should include the “choice” statement found in Rule 4-7.2(f).

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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