970028 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 970028

Rules: 4–7.3

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Direct Contact with Prospective Clients

Rule 4 dash–7.3, Direct Contact with Prospective Clients, was amended effective Jan. 1, 2006; July 1, 2007; and July 1, 2010. This opinion predates those amendments.

QUESTION: A close relative of Attorney is aware that a friend has been involved in a serious accident. May the relative inform the friend about Attorney’s services? The friend has not inquired.
ANSWER: Rule 4 dash–7.3(b) of Supreme Court Rule 4, the Rules of Professional Conduct, prohibits in-person solicitation by Attorney, or anyone on Attorney’s behalf, except in three specific circumstances. Only one of those could apply in the situation about which Attorney has inquired. The rule permits in-person solicitation if the person is a relative or close friend. Rule 7.3(a) permits Attorney to engage in written solicitation subject to the disclaimer requirements of 7.3(a) and (d) and the restrictions of 7.3(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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