980152 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri



Informal Opinion Number: 980152

Rules: 4-7.1; 4-7.2; 4-9.1

Information About Legal Services

Communication Concerning a Lawyer's Services

Reference Note: Effective July 1, 2007, Rule 4-10.1 was repealed and Rule 4-9.1 was amended. This opinion is based on Rule 4-10.1 in effect prior to that date.

QUESTION: Attorney is general counsel for an advertising company offering joint television advertising services to attorneys in many states. Television commercials are designed to encourage telephone calls from injured persons. Viewers are given an “800” number to call. The company enters into agreements with attorneys or firms for the exclusive right to receive all calls in their geographical area. The commercials state that they are paid advertising and not a lawyer referral service. Does this program comply with Missouri´s rules?

ANSWER: Based on the information, it appears that Attorney´s program is a joint advertising program and it is not a lawyer referral service under Rule 4-10.1. Attorney should not consider this opinion as approval of Attorney´s program beyond the issue of registration as a lawyer referral service. Depending on the exact nature of the advertisements, it seems possible that this approach would give the impression that these attorneys have a professional relationship with one another. It seems possible that a consumer would get the impression that the attorneys are members of a single, multi-location law firm. If the advertising reasonably conveys that impression, it would have ethical and other implications for the attorneys involved.

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/.