QUESTION: Attorney is associated with Firm One and Firm Two in Of Counsel relationships. Are Attorney and both firms required to disclose the Of Counsel relationships in advertising materials, letterhead, and other materials?

ANSWER: In all advertising materials, websites, letterhead, business cards, and other materials in which Attorney is held out to the public, or in which the firms list their attorneys, the Of Counsel relationship of Attorney with both firms must be disclosed. See Rules 4-7.1 and 4-7.5. For example, in all of Firm One’s advertisements, letterhead, website listings, and other materials in which Firm One lists its attorneys or in which Firm One holds Attorney out to the public, Firm One must disclose clearly that Attorney is associated with Firm One in an Of Counsel relationship. All such materials also must disclose that Attorney is associated in an Of Counsel relationship with Firm Two. Similarly, in all of Firm Two’s advertisements, letterhead, website listings, and other materials in which Firm Two lists its attorneys or in which Firm Two holds Attorney out to the public, Firm Two must disclose clearly that Attorney is associated with Firm Two in an Of Counsel relationship. All such materials also must disclose that Attorney is associated in an Of Counsel relationship with Firm One. Attorney’s business cards, online profiles, and other materials must disclose that Attorney is associated with both firms in Of Counsel relationships. Informal Opinion 980143; see Informal Opinion 2019-07.

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: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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