Ezel / Ethics Opinions / MOLEC

May a lawyer mail elder-law workshop invitations based on age and geography without the solicitation disclaimer?

Short answer Yes, if the lawyer screens out recipients known to need the services; alternatively, including the Rule 4-7.3 advertising disclaimer removes the need for that screening.
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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 wanted to advertise elder-law information workshops by mail to an age group in a geographic area.

The opinion permits that mailing. It says the Rule 4-7.3 disclaimer is unnecessary if criteria are established and people known to need the services are screened out. Including the disclaimer eliminates the need for screening.

In practice

The opinion permits the described workshop mailing and gives screening and disclaimer alternatives under the rule then applied.

Common questions

Q: May recipients be selected by age and area?

A: Yes. The opinion expressly permits those criteria.

Q: When can the Rule 4-7.3 disclaimer be omitted?

A: When known recipients needing the services are screened out under established criteria.

Q: What removes the screening requirement?

A: Including the advertising disclaimer identified in Rule 4-7.3.

Background and rules framework

The opinion applies Rule 4-7.3 advertising language to direct mail for informational workshops.

Citations and references

Missouri Rules of Professional Conduct:

  • Rule 4-7.3

See also

Source

Original opinion text

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

QUESTION: Is it permissible to advertise information workshops regarding elder law by direct mail to persons in a specific age range in a defined geographical area? What are the consequences of inadvertently mailing to a person with an immediate need?

ANSWER: It is permissible to advertise informational workshops by direct mail and to select recipients by age within a particular geographical area. As long as criteria are established and recipients known to be in need of the services are screened out, the Advertising disclaimer found in Rule 4–7.3 would not need to be included. Inclusion of that disclaimer would eliminate the need for that screening.

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