When did the opinion require advertising disclaimers for a general legal newsletter mailed to clients and prospects?

Plain-English summary

A lawyer proposed a legal-information newsletter for current and prospective clients, with articles by other professionals and shared mailing costs.

The opinion treats the newsletter as advertising. It requires a contingent-fee disclaimer if the publication indicates the firm accepts such cases. It says a mailing directed to an individual prospect in a situation covered by the text becomes solicitation under Rule 4-7.3, and calls for the ADVERTISING disclaimer unless the address list is checked for that situation before every mailing. Other professionals may share publication and mailing costs.

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: Would a general-information newsletter count as advertising?

A: Yes. The answer expressly classifies it as advertising.

Q: May other professionals share publication costs?

A: Yes. The answer permits their sharing in publication and mailing costs.

Background and rules framework

The question cites Rules 4-7.2 and 4-7.3, including 4-7.3(a). The answer applies those advertising and solicitation provisions to the proposed newsletter.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-7.2
• Rule 4-7.3
• Rule 4-7.3(a)

See also

• Missouri Informal Op. 970038: Internet Advertising
• Missouri Informal Op. 970028: Solicitation Through Relative

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/960295/
• Rule revision reference: Missouri Informal Opinion 970082

Original opinion text

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

QUESTION: Attorney would like to publish a newsletter which would be sent to current and prospective clients. The newsletter would not be otherwise targeted. The newsletter would address general legal information, updates to the law, landlord/tenant matters, estate planning, general business law matters which would be helpful to individuals and business owners. Attorney would also ask other types of professionals to write informational articles. Would the newsletter be advertising under Rules 4–7.2 and 4–7.3? Would the Rule 4–7.3(a) disclaimer be required? Could the other professionals share in the costs of publication and mailing? ANSWER: The newsletter would be considered advertising. The “contingent fee” disclaimer would have to be included, if the newsletter indicates, in any way, that Attorney´s firm will accept cases on a contingent fee basis. If the newsletter is directed to an individual prospective client or an individual in a situation similar to one covered by the text, it would be considered solicitation for purposes of Rule 4- 7.3. Unless Attorney intends to evaluate the list of addressees prior to each mailing to determine that no addressee is in a situation covered by Rule 4–7.3, Attorney should include the “ADVERTISING” disclaimer mandated by that Rule. The other professionals could share in the costs of publication and mailing.