Ezel / Ethics Opinions / MOLEC

Could a lawyer contact prospective clients on Twitter or respond to a request there for a lawyer recommendation?

Short answer The opinion treats that direct contact as prohibited solicitation under Rule 4-7.3(b). It says the rule then permitted written solicitations only by regular mail and required a paragraph longer than Twitter’s 140-character limit.
Bar
MOLEC
Issued
2009

Apply this to your situation

This page answers the general question as of 2009. 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 2009
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 asked whether Twitter could be used to contact prospective clients, including responding to a public request for a lawyer recommendation.

The opinion treats the proposed contact as solicitation prohibited by Rule 4-7.3(b). Its answer says written solicitations to prospective clients could then be sent only by regular U.S. mail; it also compares Twitter’s 140-character limit with the more than 400-character paragraph required by Rule 4-7.3(b)(3).

In practice

Under the rule discussed in this opinion, the proposed direct Twitter contact is prohibited. The opinion gives both the mail-only requirement and the required-paragraph length as reasons.

Common questions

Q: May the lawyer respond on Twitter to a request for a recommendation?

A: The opinion treats such contact as prohibited solicitation under Rule 4-7.3(b).

Q: Why does Twitter’s message length matter in the answer?

A: The opinion says the required Rule 4-7.3(b)(3) paragraph exceeds 400 characters, while Twitter then allowed 140-character messages.

Q: What transmission method does the opinion describe?

A: Its answer says written solicitations to prospective clients could be sent only by regular United States mail.

Background and rules framework

The opinion applies Rule 4-7.3(b) and its required paragraph to the proposed social-media contact as the rule was discussed in this 2009 opinion.

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: May Attorney contact Potential Clients on Twitter? If Attorney views a post on Twitter asking for a recommendation for a lawyer, may Attorney respond?

ANSWER: It would be considered solicitation and be prohibited under Rule 4–7.3(b). Written solicitations to prospective clients may be sent only by regular Unites States mail. Additionally, Twitter only allows messages of 140 characters. The paragraph required by Rule 4–7.3(b)(3) exceeds 400 characters.

What do the rules say today, for your facts?

This opinion is from 2009. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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