940135 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 940135

Rules: 8.4(c);7.2(c)

Maintaining the Integrity of the Profession

Misconduct

QUESTION: Attorney has been asked to provide a testimonial for a person in another business. Attorney has had a few dealings with this person but has never been a customer or client of this person. Attorney will not have any control over how the testimonial is used. Attorney hopes this person will refer clients to Attorney if Attorney gives the testimonial. ANSWER: Because of the potential for this communication to be misleading, it may violate Rule 4 dash–8.4(c). The danger is particularly acute in a situation such as this in which Attorney has no control over the manner in which the statements are used. Additionally, this situation would involve giving something of value for referrals in violation of Rule 4 dash–7.2(c).

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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