940187 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 940187

Rules: 7.2;7.3

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Advertising

QUESTION: Attorney submits several types of advertising materials and asks whether they fall within the provisions of the new versions of Rules 4 dash–7.2 and 4 dash–7.3. The materials submitted include an announcement, brochures regarding seminars, cover letters with brochures, newsletters and firm resumes. Attorney also asks whether letters describing the attorneys and the firm that are sent at the request of the prospective client fall within these rules. ANSWER: All of the materials submitted are advertising materials and fall within the provisions of either Rule 4 dash–7.2 or 4 dash–7.3. If any of these materials contain language indicating that cases will be accepted on a contingent fee basis, they would have to include the applicable disclaimer. The materials submitted would not fall within the solicitation rule (Rule 4 dash–7.3) and would not require the “ADVERTISING” disclaimer unless the recipient is a “person known to need legal services of the kind provided by the lawyer in a particular matter.” Information sent at the request of a prospective client does not fall within the advertising rules.

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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