What disclaimer and expense limits applied to an auto-injury prospect letter claiming specialization and possible free healthcare?

Short answer The opinion required the Rule 4-7.4 disclaimer for the word specializes and pointed to Rule 4-1.8(e)'s bar on advancing client expenses other than litigation expenses.

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 proposed a letter to automobile-collision prospects saying the lawyer specialized in automobile law, offering a free office conference, and noting possible healthcare without out-of-pocket cost.

The opinion said the word specializes required a Rule 4-7.4 disclaimer. It also said some healthcare might be available without out-of-pocket cost but warned that Rule 4-1.8(e) barred lawyer advances for client expenses other than litigation expenses.

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: What triggered the disclaimer?

A: The word specializes in the proposed letter.

Q: Did the opinion deny that no-cost healthcare might exist?

A: No. It said that could be available from some sources.

Q: What expense limit did it cite?

A: Rule 4-1.8(e)'s prohibition on advances except for litigation expenses.

Background and rules framework

The opinion applied Rules 4-7.4 and 4-1.8(e) to a proposed automobile-injury solicitation letter.

Citations and references

Rules of Professional Conduct:

Missouri Rule 4-7.4
Missouri Rule 4-1.8(e)

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/930151/

Original opinion text

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

QUESTION: Attorney proposes to send prospective clients a letter which states that Attorney “specializes” in automobile law. The letter would also convey that people who have been injured in an automobile collision should consider hiring an experienced attorney. The letter would offer a free office conference and would indicate that the recipient may be eligible for healthcare without out of pocket expense. ANSWER: The word “specializes” would require inclusion of the Rule 4–7.4 disclaimer. Although healthcare without out of pocket expense may be available from some sources, Attorney should be aware that Rule 4–1.8(e) prohibits Attorney from advancing money to clients for expenses other than litigation expenses.

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