Ezel / Ethics Opinions / MOLEC

May a lawyer advertise and consult online, and what must clients be told about ordinary email?

Short answer The opinion requires internet communications about legal services to comply with Supreme Court Rule 4, including advertising Rules 7.1–7.5. Unless email in both directions uses quality encryption, the lawyer must warn clients and potential clients that email is not necessarily secure and confidential.
Bar
MOLEC
Issued
1997

Apply this to your situation

This page answers the general question as of 1997. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A lawyer asked whether using the internet for advertising and general legal consultations would violate the rules.

The answer applies Supreme Court Rule 4, including Rules 7.1 through 7.5, to online communications about the lawyer’s services. Unless email communications in both directions are secured through a quality encryption program, it says clients and potential clients need to be advised that email is not necessarily secure and confidential.

Currency note

This opinion was issued in 1997, 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: Which rules govern online promotion in this opinion?

A: The answer names Supreme Court Rule 4 and Rules 7.1 through 7.5 on advertising.

Q: When does the opinion call for an email warning?

A: When email in either direction is not secured through a quality encryption program, the lawyer must advise clients and potential clients that it is not necessarily secure and confidential.

Background and rules framework

The opinion references Supreme Court Rule 4 generally and specifically Rules 7.1 through 7.5 for advertising. Its email discussion addresses the stated concern about confidentiality without citing a numbered confidentiality rule.

Citations and references

Missouri Rules of Professional Conduct:

  • Supreme Court Rule 4, including Rules 7.1 through 7.5

See also

Source

Original opinion text

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

QUESTION: Attorney would like to use the internet for advertising and general legal consultations. Will this violate the rules? ANSWER: In the course of internet communications regarding Attorney´s services, Attorney is required to comply with Supreme Court Rule 4, including Rules 7.1 through 7.5, relating to advertising. Additionally, unless e-mail communications, in both directions, are secured through a quality encryption program, Attorney would need to advise clients and potential clients that communication by e-mail is not necessarily secure and confidential.

What do the rules say today, for your facts?

This opinion is from 1997. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace