Ezel / Ethics Opinions / MOLEC

May a Missouri lawyer offer discount certificates for legal services at an educational seminar?

Short answer No. Legal-service information may be available to inquirers, but the lawyer or a nonlawyer presenter may not initiate an in-person promotion or discount offer. A later mailed solicitation is permitted only if it fully complies with Rule 4-7.3.
Bar
MOLEC
Issued
2018

Apply this to your situation

This page answers the general question as of 2018. 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 2018
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

Educational seminars are permitted, and information about the lawyer's services may be available for inquirers. Promoting services or offering a discount certificate during the seminar is prohibited in-person solicitation under Rule 4-7.3.

Rule 4-8.4(a) prevents using a nonlawyer co-presenter to do what the lawyer cannot. Afterward, the lawyer may mail attendees a solicitation letter and discount certificate only if the written communication complies fully with Rule 4-7.3.

In practice

Under this opinion, the line is between responsive availability of information and initiated in-person promotion. Later compliant mail is treated separately.

Common questions

Q: May the lawyer teach the seminar?

A: Yes.

Q: May a co-presenter offer the discount?

A: No.

Q: May the lawyer mail a later offer?

A: Yes, if it fully complies with Rule 4-7.3.

Background and rules framework

Rule 4-7.3 governs in-person and written solicitation. Rule 4-8.4(a) prevents violations through another person's acts.

Citations and references

  • Missouri Rules 4-7.3 and 4-8.4(a)

See also

Source

Original opinion text

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

Question: Attorney plans to present educational seminars about estate planning. At the end of the seminar, a non-lawyer presenter will give information about costs of estate planning and offer audience members a discount certificate for Attorney’s estate planning services. Alternatively, Attorney is considering sending attendees a follow-up letter describing Attorney’s services and enclosing a discount certificate. May Attorney participate in the program?

Answer: Attorney may give educational seminars. It is permissible for information about Attorney’s legal services to be available at the seminar for inquirers, but Attorney may not initiate the in-person solicitation of legal business. The promotion of Attorney’s services or offering of a discount certificate at the seminar would constitute in-person solicitation prohibited by Rule 4–7.3. Attorney may not violate Rule 4–7.3 through the actions of another, including a non-lawyer co-presenter at the seminar. See Rule 4–8.4(a). Attorney may mail attendees a solicitation letter after the seminar if the written solicitation complies in all respects with Rule 4–7.3, Direct Contact with Prospective Clients.

What do the rules say today, for your facts?

This opinion is from 2018. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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