Which advertising rules apply when a firm mails an introduction and résumé to clients, former clients, and prospects?

Plain-English summary

A firm proposed sending letters and a firm résumé to current clients, former clients, and prospective clients to describe its services.

The opinion says Rule 4-7.3 does not apply to current or former client letters. For other addressees, a known need for the particular services places the letter under Rule 4-7.3, while a letter based on general knowledge of a business falls under Rule 4-7.2. It describes an advertisement type-size requirement under Rule 4-7.3 and a choice statement under Rule 4-7.2(f).

In practice

The opinion sorts the proposed mailings by recipient and the lawyer’s knowledge of a particular service need. It then identifies different letter requirements under the two rules.

Common questions

Q: Does Rule 4-7.3 govern letters to current and former clients?

A: No. The opinion says the rule does not apply to those recipients.

Q: What makes a letter to another recipient fall under Rule 4-7.3?

A: The opinion asks whether the lawyer knows the addressee needs the particular services offered.

Q: What does the opinion require for a general business-based mailing?

A: It places the letter under Rule 4-7.2 and requires the choice statement in Rule 4-7.2(f).

Background and rules framework

The opinion applies Rules 4-7.2 and 4-7.3 to the proposed firm-introduction letters and distinguishes known individual need from general information about the addressee’s business.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-7.2
• Rule 4-7.3

See also

• Missouri Informal Op. 20070003: Client and Prospect Newsletter
• Missouri Informal Op. 20090040: Twitter Solicitation

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20070004/

Original opinion text

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

QUESTION: Attorney’s firm is preparing to send out a letter with a firm resume to clients, former clients and prospective clients. These mailings would tell clients a little bit about the firm and what they do. Attorney wants to ensure that all bases are covered and no Rules of Professional Conduct are broken.

ANSWER: If Attorney is sending the letters to current and former clients, Rule 4–7.3 does not apply. If the letter is going to others, whether Rule 4–7.3 or 4–7.2 apply depends on whether Attorney knows that person or company needs the particular services Attorney offers. If Attorney is just sending the letter based upon general information about the type of business of the addressee, the letter will fall under 4–7.2. If Attorney is sending it to someone with a known need, the letter will fall under Rule 4–7.3. If Rule 4–7.3 applies, the word advertisement must be as large as the largest type in the letterhead. If Rule 4–7.2 applies, it will require the “choice” statement found in Rule 4–7.2(f).