QUESTION:  Do the provisions of Rule 4-7.3(b) apply to letters to a corporate or other business entity that is limited to advising the entity that a suit has been filed against the entity?

ANSWER:  Rule 4-7.3(b) applies equally to individuals and businesses, regardless of their level of sophistication.  When a lawyer or law firm that does not currently represent a person or entity writes them to advise them that they have been sued, Rule 4-7.3 applies.

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.

To request an Informal Opinion, please visit: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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