When did law-firm announcements, brochures, and newsletters need fee or advertising disclaimers?

Plain-English summary

A lawyer submitted announcements, seminar brochures, cover letters, newsletters, and firm resumes for review under the revised advertising rules. The lawyer also asked about information mailed at a prospect's request.

The opinion classified the submitted materials as advertising under either Rule 4-7.2 or 4-7.3. A contingent-fee reference required the applicable disclaimer. The submitted materials did not need the Rule 4-7.3 advertising label unless sent to a person known to need the lawyer's services in a particular matter. Information sent in response to a prospective client's request fell outside the advertising rules.

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 a contingent-fee reference require a disclaimer?

A: Yes, the applicable disclaimer under the opinion.

Q: When was the advertising label needed?

A: When the recipient was known to need the offered legal services in a particular matter.

Q: Did materials requested by a prospect fall under the advertising rules?

A: The opinion said no.

Background and rules framework

The opinion applied Missouri Rules 4-7.2 and 4-7.3 to a set of practice materials and distinguished general distribution, targeted solicitation, and responses to a prospect's request.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-7.2
• Missouri Rule 4-7.3

See also

• Missouri Informal Op. 950005: General newsletter
• Missouri Informal Op. 950027: Brochure distribution

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940187/

Original opinion text

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

QUESTION: Attorney submits several types of advertising materials and asks whether they fall within the provisions of the new versions of Rules 4–7.2 and 4–7.3. The materials submitted include an announcement, brochures regarding seminars, cover letters with brochures, newsletters and firm resumes. Attorney also asks whether letters describing the attorneys and the firm that are sent at the request of the prospective client fall within these rules. ANSWER: All of the materials submitted are advertising materials and fall within the provisions of either Rule 4–7.2 or 4–7.3. If any of these materials contain language indicating that cases will be accepted on a contingent fee basis, they would have to include the applicable disclaimer. The materials submitted would not fall within the solicitation rule (Rule 4–7.3) and would not require the “ADVERTISING” disclaimer unless the recipient is a “person known to need legal services of the kind provided by the lawyer in a particular matter.” Information sent at the request of a prospective client does not fall within the advertising rules.