How may a firm market a partner’s paid industry seminars?

Plain-English summary

A firm considered offering a partner’s legal seminars for a fee, marketing them under a fictitious name, and contacting prospective attendees. It also asked about seminars delivered through an unrelated business.

The opinion permits paid seminars and a fictitious name, provided the firm relationship is disclosed wherever the name is publicized. Rule 4-7.3(b) permits personal contact with close friends; outreach to other friends and former colleagues may be in writing only. The partner may use an unrelated business, but if it also serves as a referral service, it must qualify and register under Rule 10.1.

Currency note

This opinion was issued in 1996, before Missouri’s 2007 revisions to the Rules of Professional Conduct. 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: May the firm use a fictitious seminar name?

A: Yes, if it discloses the name’s relationship to the firm wherever the name is held out publicly.

Q: Who may the partner contact personally?

A: The answer permits personal contact with close friends; it limits contacts with others to writing.

Background and rules framework

The opinion permits paid seminars and a fictitious name, provided the firm relationship is disclosed wherever the name is publicized. Rule 4-7.3(b) permits personal contact with close friends; outreach to other friends and former colleagues may be in writing only. The partner may use an unrelated business, but if it also serves as a referral service, it must qualify and register under Rule 10.1.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-7.3(b)
• Missouri Rule 10.1

See also

• Missouri Informal Op. 960135: Press Release About Seminars

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/960123/

Original opinion text

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

QUESTION: A law firm has a partner who has years of experience in a particular industry. May the law firm make the partner available for a fee to current clients and non-clients in the industry to present educational seminars on legal issues related to the industry? May the law firm market the seminars under a fictitious name? May the partner make personal contact with friends and former colleagues to make them aware of the availabilty of these seminars? May the law firm make personal or written contact with representatives of non-clients to make them aware of the availability of these seminars? May the partner give these seminars for a business not related to the law firm if the law firm is compensated? ANSWER: Yes, the law firm may make the partner available for educational seminars. The law firm may market the seminars under a fictitious name but it would be required to disclose the relationship between the law firm and XYZ wherever XYZ is held out to the public. Under Rule 4–7.3(b), the partner may make personal contact with close friends to make them aware of the partner´s availability to present seminars. The partner or the firm may initiate contact with other friends, former colleagues, etc., to make them aware of the partner´s expertise and availability only in writing. The partner may provide seminars through an unrelated business for a fee. However, if this business will also function as a referral service, it must qualify and be registered under Rule 10.1.