May a Missouri lawyer send text messages soliciting people known to need the lawyer's type of legal services?

Plain-English summary

The lawyer asked whether SSM messages or similar text messages sent to people known to need the lawyer's kind of legal services qualified as real-time electronic solicitation under Rule 4-7.3(a) or as written solicitation under Rule 4-7.3(b).

The opinion places those messages within Rule 4-7.3(a)'s real-time electronic category and therefore prohibits the proposed solicitation. That paragraph permits real-time solicitation only of an existing or former client, another lawyer, a close friend, or a relative.

The opinion does not treat text messaging as the written solicitation covered by Rule 4-7.3(b). It reads that paragraph as permitting written solicitations mailed to clients through regular United States mail and concludes that SSM or similar text messages are not permitted by Rule 4-7.3.

In practice

Under this opinion, a text message's written appearance does not make it a Rule 4-7.3(b) mailed solicitation. For people outside Rule 4-7.3(a)'s listed relationships, the real-time electronic classification bars the proposed direct solicitation.

Common questions

Q: Are SSM or similar text messages real-time electronic contact under Missouri Rule 4-7.3?

A: Yes. The opinion classifies them under Rule 4-7.3(a).

Q: Who may receive a real-time solicitation under the rule quoted in the opinion?

A: An existing or former client, another lawyer, a close friend, or a relative.

Q: Are text messages treated as written solicitation under Rule 4-7.3(b)?

A: No. The opinion treats paragraph (b) as covering written solicitations mailed by regular United States mail.

Q: May the lawyer text people known to need the services offered?

A: Not unless the recipient falls within one of Rule 4-7.3(a)'s permitted relationships.

Background and rules framework

Rule 4-7.3(a) governs real-time electronic solicitation and limits the recipients who may be contacted. Rule 4-7.3(b) governs written solicitation sent by regular United States mail. The opinion assigns SSM and similar text messages to paragraph (a), not paragraph (b).

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-7.3(a) (real-time electronic solicitation)
• Missouri Rule 4-7.3(b) (written solicitation by regular United States mail)

Other opinions cited:

• Missouri Informal Opinion 20090040: written solicitation under Rule 4-7.3(b)

See also

• Ohio Ethics Op. 2004-001: Unsolicited Email Advertising
• Arizona Ethics Op. 97-04: Internet Advertising and Solicitation
• Georgia Formal Advisory Op. 97-3: Departing Lawyer Contact

Source

• Landing page: Missouri Informal Opinion 2025-03

Original opinion text

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

Question: Lawyer asks whether SSM messages, or similar text messages, comply with Missouri Rule of Professional Conduct 4–7.3 – Direct Contact with Prospective Clients, for the solicitation of prospective clients who are persons known to need the kind of legal services provided by Lawyer. Lawyer asks if SSM messages, or similar text messages, should be classified as real-time electronic solicitation of legal business under Rule 4–7.3(a), or written solicitation under Rule 4–7.3(b).

Answer: It is the informal advisory opinion of this office that SSM messages would constitute real time electronic solicitation of legal business pursuant to Missouri Rule of Professional Conduct 4–7.3(a) and thereby would be prohibited. Per Rule 4–7.3(a), real time electronic contact for solicitation is limited to only “an existing or former client, lawyer, close friend, or relative.” Further, written solicitations contemplated by Missouri Rule of Professional Conduct 4–7.3(b) only permits written solicitations being mailed to clients by regular United States mail. See Missouri Informal Opinion 20090040. SSM messaging, or similar text messaging, is not permitted by the Missouri Rule of Professional Conduct 4–7.3.