Did a general firm brochure mailed to prospective clients need an 'ADVERTISING' label?

Plain-English summary

A lawyer proposed mailing prospective clients a brochure containing only general information about the firm and asked whether Rule 4-7.3(a)'s 'ADVERTISING' disclaimer was required.

The opinion said that general brochure did not require the disclaimer. If the mailing also contained a communication referring to a particular kind of matter in which the recipient was believed to need legal help, the disclaimer was required in that accompanying communication.

Currency note

This 1995 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 general firm brochure itself need the label?

A: No, under the facts described.

Q: What accompanying material changed the answer?

A: A communication referring to a particular legal matter the recipient was believed to need help with; that communication needed the disclaimer.

Background and rules framework

The opinion applied Missouri Rule 4-7.3(a) to distinguish a general-information brochure from a tailored accompanying message about the recipient's particular legal need.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-7.3(a)

See also

• Missouri Informal Op. 960251: Legal brochure advertising
• Missouri Informal Op. 950254: Specialization brochure disclaimer

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950216/

Original opinion text

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

QUESTION: Attorney proposes to send a brochure which only provides general information about the firm to prospective clients. Must Attorney include the “ADVERTISING” disclaimer of Rule 4–7.3(a)? ANSWER: Attorney will not be required to include the “ADVERTISING” disclaimer of Rule 4–7.3(a) if Attorney sends Attorney´s firm brochure to prospective clients. However, if the brochure is accompanied by any other communication which references a particular type of matter in which the prospective client is believed to need legal assistance, Attorney would have to include the disclaimer in that communication.