Could a firm send its newsletter to clients, former clients, and staff contacts without the Rule 4-7.3 disclaimer?

Plain-English summary

A firm planned periodic newsletters about its office and legal topics for existing clients, former clients, and staff family and friends. It said it would not target people known to have a potential claim.

The opinion allowed newsletters without a Rule 4-7.3 disclaimer to existing clients, and to the other listed recipients so long as they were not known to need the lawyer’s kind of services.

Currency note

This opinion was issued in 1999, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Could existing clients receive the newsletter without the disclaimer?

A: Yes, even though they were known to need the firm’s services.

Q: What condition applied to former clients and staff contacts?

A: They could not be known to need the type of legal services the lawyer provided.

Background and rules framework

The question and answer addressed the Rule 4-7.3 disclaimer.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-7.3

See also

• Missouri Informal Op. 990116: Trade Show Booth

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/990028/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

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

QUESTION: Attorney´s firm plans to send a newsletter about the law office, services of the law office and legal issues. It would be sent periodically to existing clients, past clients, family of law office staff and friends of the law office staff. It is not intended for direct solicitation. It would not be sent to anyone known to have a possible claim who then would need an attorney. Would the firm be required to include the disclaimer required by Rule 4–7.3 on the newsletter?

ANSWER: Attorney may send the newsletter to past clients, family of law office staff and friends of law office staff, without including the disclaimer, as long as they are not known to need legal services of the kind Attorney provides. Attorney may send the newsletter to existing clients, without the disclaimer, although they are known to need legal services of the kind Attorney provides.