Could a lawyer give a testimonial to another business in hope of client referrals?

Plain-English summary

A lawyer proposed a testimonial for someone in another business after only a few dealings, without having been that person's customer or client. The lawyer would not control its use and hoped for client referrals in return.

The opinion said the communication might violate Rule 4-8.4(c) because it could mislead, especially without control over its use. It also said the arrangement would give something of value for referrals in violation of 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: Why was the testimonial potentially misleading?

A: The lawyer had never been a customer or client and would not control how the statement was used; the opinion identified a potential for misleading communication.

Q: What did the opinion say about hoped-for referrals?

A: It treated the testimonial as something of value given for referrals and found a Rule 4-7.2(c) violation.

Background and rules framework

The opinion applied Missouri Rules 4-8.4(c) and 4-7.2(c) to the proposed testimonial and expected referral exchange.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-8.4(c)
• Missouri Rule 4-7.2(c)

See also

• Missouri Informal Op. 20010107: Client testimonial on website
• Missouri Informal Op. 950145: Insurance agent will referral

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940135/

Original opinion text

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

QUESTION: Attorney has been asked to provide a testimonial for a person in another business. Attorney has had a few dealings with this person but has never been a customer or client of this person. Attorney will not have any control over how the testimonial is used. Attorney hopes this person will refer clients to Attorney if Attorney gives the testimonial. ANSWER: Because of the potential for this communication to be misleading, it may violate Rule 4–8.4(c). The danger is particularly acute in a situation such as this in which Attorney has no control over the manner in which the statements are used. Additionally, this situation would involve giving something of value for referrals in violation of Rule 4–7.2(c).