Ezel / Ethics Opinions / MOLEC

May a lawyer add a certification body and its accreditation to a telephone-directory advertisement?

Short answer Yes, if the Rule 4-7.4 disclaimer remains and the added certification language is no larger or more conspicuous than that disclaimer.
Bar
MOLEC
Issued
2003

Apply this to your situation

This page answers the general question as of 2003. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2003
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The lawyer proposed identifying the American Board of Certification and its ABA accreditation in a telephone-directory advertisement.

The opinion permits the language if the advertisement keeps its Rule 4-7.4 disclaimer and the new language uses a font no larger or more conspicuous than that disclaimer.

In practice

The opinion conditions the proposed certification wording on continued use and equal or greater prominence of the Rule 4-7.4 disclaimer.

Common questions

Q: May the proposed certification statement be added?

A: Yes, with the existing Rule 4-7.4 disclaimer.

Q: May it be more prominent than the disclaimer?

A: No. The opinion requires the added wording to be no larger or more conspicuous.

Background and rules framework

The opinion applies Rule 4-7.4's disclaimer requirement to the proposed certification wording.

Citations and references

Missouri Rules of Professional Conduct:

  • Rule 4-7.4

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Is it permissible for Attorney to include “Certification is by the American Board of Certification and is accredited by the American Bar Association,” along with the required disclaimer, to his advertisement in the telephone directory?

ANSWER: If Attorney is adding the proposed language to the advertisement and keeping the disclaimer required by Rule 4–7.4, it is permissible to add the proposed language as long as the proposed language is in a font that is no larger nor otherwise more conspicuous than the Rule 4–7.4 disclaimer.

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