20070004 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20070004

Rules: 4–7.2; 4–7.3

Information About Legal Services

Advertising; Direct Contact With Prospective Clients

Subject: Advertising and Solicitation

Summary: requirements for solicitation letters to clients, former clients, and prospective clients

QUESTION: Attorney’s firm is preparing to send out a letter with a firm resume to clients, former clients and prospective clients. These mailings would tell clients a little bit about the firm and what they do. Attorney wants to ensure that all bases are covered and no Rules of Professional Conduct are broken.

ANSWER: If Attorney is sending the letters to current and former clients, Rule 4 dash–7.3 does not apply. If the letter is going to others, whether Rule 4 dash–7.3 or 4 dash–7.2 apply depends on whether Attorney knows that person or company needs the particular services Attorney offers. If Attorney is just sending the letter based upon general information about the type of business of the addressee, the letter will fall under 4 dash–7.2. If Attorney is sending it to someone with a known need, the letter will fall under Rule 4 dash–7.3. If Rule 4 dash–7.3 applies, the word advertisement must be as large as the largest type in the letterhead. If Rule 4 dash–7.2 applies, it will require the “choice” statement found in Rule 4 dash–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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