Question:  Lawyer asks whether SSM messages, or similar text messages, comply with Missouri Rule of Professional Conduct 4-7.3 – Direct Contact with Prospective Clients, for the solicitation of prospective clients who are persons known to need the kind of legal services provided by Lawyer. Lawyer asks if SSM messages, or similar text messages, should be classified as real-time electronic solicitation of legal business under Rule 4-7.3(a), or written solicitation under Rule 4-7.3(b).

Answer:  It is the informal advisory opinion of this office that SSM messages would constitute real time electronic solicitation of legal business pursuant to Missouri Rule of Professional Conduct 4-7.3(a) and thereby would be prohibited. Per Rule 4-7.3(a), real time electronic contact for solicitation is limited to only “an existing or former client, lawyer, close friend, or relative.” Further, written solicitations contemplated by Missouri Rule of Professional Conduct 4-7.3(b) only permits written solicitations being mailed to clients by regular United States mail. See Missouri Informal Opinion 20090040. SSM messaging, or similar text messaging, is not permitted by the Missouri Rule of Professional Conduct 4-7.3.

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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