Could a lawyer leave a brochure for clients and customers at other businesses?

Plain-English summary

A lawyer submitted a brochure and proposed distributing it to clients visiting the office and to people who picked it up at other businesses.

The opinion found no rule violation in the particular brochure. It said the stated distribution was permitted if the lawyer gave the other businesses nothing of value. It did not approve every possible use: using the brochure for prohibited in-person solicitation would violate Rule 4-7.3(b), and paying businesses to distribute it would violate Rule 4-7.2(c).

Currency note

This 1994 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: Did the opinion approve the submitted brochure?

A: Yes. It found no violation in that particular brochure.

Q: Could other businesses make it available?

A: Yes, under the stated distribution if the lawyer gave them nothing of value.

Q: What uses remained prohibited?

A: The opinion named in-person solicitation barred by Rule 4-7.3(b) and giving value to other businesses under Rule 4-7.2(c).

Background and rules framework

The opinion applied Missouri Rules 4-7.3(b) and 4-7.2(c) to proposed uses and distribution of a specific brochure.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-7.3(b)
• Missouri Rule 4-7.2(c)

See also

• Missouri Informal Op. 950027: Lawyer brochure business distribution
• Missouri Informal Op. 960251: Legal brochure advertising and solicitation

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940090/

Original opinion text

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

QUESTION: Attorney submits a brochure and asks whether it would violate the Rules. Attorney also asks whether it would be permissible to distribute the brochure to clients who come to the office and to people who would pick them up at other places of business. ANSWER: The particular brochure submitted does not violate the Rules. However, this opinion does not address possible uses of the brochure. For example, the brochure could not be used as a tool for “in- person” solicitation prohibited by Rule 4–7.3(b). It would be permissible to distribute the brochure as described as long as Attorney gives nothing of value to the other businesses for distributing the brochure. Giving something of value would violate Rule 4–7.2(c).