990116 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 990116

Rules: 4–7.3; 4–1.7; 4–1.6

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Subject: Advertising and Solicitation; Confidentiality; Conflict of Interest - Current Client

Summary: use of booth at trade show as advertising method

QUESTION: May Attorney attend a trade show and occupy a booth which displays the name of Attorney and the name of Attorney´s firm? May Attorney display brochures and other literature ordinarily displayed in the lobby of the Attorney´s office? May Attorney discuss and answer legal questions and give legal advice to members of the public who solicit such advice from Attorney while in Attorney´s booth? May Attorney make an appointment for such a person to meet the following weekday at Attorney´s law office to possibly sign an engagement agreement or attorney/client contract?

ANSWER: Based solely on the information Attorney has provided, the activities Attorney has proposed would not violate Supreme Court Rule 4. If Attorney will be consulting with individuals at a trade show, Attorney has an obligation to ensure confidentiality or be certain that the individual is not concerned about confidentiality. If Attorney will be giving specific advice or addressing specific situations, Attorney must perform a conflicts check before giving the advice. Attorney must also be certain that Attorney is only responding to contact, which has been initiated by individuals. If Attorney initiates the contact, Attorney would be engaging in “in person” solicitation in violation of Rule 4 dash–7.3 (b).

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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