Could a solo lawyer show a legal assistant in a brochure and use a plural practice name?

Short answer The opinion allowed the assistant in the brochure with express nonlawyer identification when readers might be confused, but rejected a plural practice name for a single lawyer.

Bar

MOLEC

Issued

1993

Apply this to your situation

This page answers the general question as of 1993. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

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

A lawyer asked whether a legal assistant could appear in a practice brochure and whether a one-lawyer practice could use a plural noun in its name.

The opinion permitted including the assistant, but said the brochure should explicitly identify that person as a nonlawyer if recipients would be unlikely to understand the role. It answered no to the plural name for the solo practice.

Currency note

This 1993 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Could the assistant appear in the brochure?

A: Yes, with express nonlawyer identification where the audience might otherwise misunderstand.

Q: Could a sole lawyer use a plural practice name?

A: No, according to the opinion.

Background and rules framework

The opinion addressed accurate description of a legal assistant in client-facing material and the name of a one-lawyer practice. It cited no numbered rule.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/930102/

Original opinion text

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

QUESTION: (1) May attorney include her legal assistant on a brochure regarding her law practice? (2) May attorney name the practice using a plural noun when only one attorney is involved with the practice? ANSWER: (1) The legal assistant may be included but, if the attorney´s clients to whom the brochure is directed would be unlikely to understand that the legal assistant is a non-lawyer, the brochure should expressly identify the legal assistant as a non-lawyer. (2) No.

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