Could a lawyer mail accident-report prospects and charge a monthly fee for employee drivers' traffic cases?

Plain-English summary

A lawyer proposed buying traffic-accident police-report information for mail-only prospecting. Separately, the lawyer proposed traffic-ticket representation for employees at a flat monthly fee per driver, paid by either the employer or drivers.

The opinion said the mailings generally would not violate the rules, but Rule 4-7.3(c) required attention and subsection (c)(1) seemed especially likely to apply to some accident victims. It found no Rule 4-1.5 violation in the monthly-fee arrangement and flagged Rule 4-1.8(f) if the employer paid the retainer.

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: Were the accident-report mailings always allowed?

A: No. The opinion said Rule 4-7.3(c), especially subsection (c)(1), could limit mailings to some accident victims.

Q: Did the monthly per-driver fee violate Rule 4-1.5?

A: The opinion said it did not.

Q: What if the employer paid the retainer?

A: The opinion called for attention to Rule 4-1.8(f).

Background and rules framework

The opinion separately addressed accident-report solicitation and per-driver traffic-ticket fees under Rules 4-7.3(c), 4-1.5, and 4-1.8(f).

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-7.3(c)
• Missouri Rule 4-7.3(c)(1)
• Missouri Rule 4-1.5
• Missouri Rule 4-1.8(f)

See also

• Missouri Informal Op. 940118: Marketing firm police-report mailings
• Missouri Informal Op. 930158: Direct mail rule limits

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/930153/

Original opinion text

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

QUESTION: FACTUAL SITUATION 1: Attorney will purchase information from a separate business obtained from police reports of traffic accidents. Attorney will solicit prospective clients from this information, by mail only. FACTUAL SITUATION 2: Attorney will be retained to represent drivers employed by a business in traffic ticket cases. Either the company or the drivers will retain Attorney. Attorney would charge a flat monthly fee per driver. Would this violate the rule on fees for months when a driver received ANSWER: FACTUAL SITUATION 1: This would not, as a general rule be a violation. However, special attention must be paid to Rule 4–7.3(c). It seems particularly likely that Rule 4–7.3(c)(1) would apply to some accident victims. FACTUAL SITUATION 2: This arrangement would not violate Rule 4–1.5. However, if the employer pays the retainer fee, special attention should be paid to Rule 4–1.8(f).