Could a lawyer who completed Rule 17.04 mediator training advertise as a “court-certified” mediator?

Plain-English summary

A lawyer had completed mediator training meeting Supreme Court Rule 17.04 and asked to advertise as a “court-certified” mediator.

The opinion said Rule 17.04 did not state that training participants were certified by the court. Advertising that claim would violate Rule 4-7.1.

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: Did completing the training confer court certification?

A: No. The opinion said Rule 17.04 did not do that.

Q: What rule would the claim violate?

A: Rule 4-7.1, according to the answer.

Background and rules framework

The answer cited Rule 4-7.1; Rule 17.04 was the training rule discussed in the question.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-7.1

See also

• Missouri Informal Op. 990195: Association Membership

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/990099/

• 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 has completed the training course for mediators that satisfies the requirements of Supreme Court Rule 17.04. May Attorney state that Attorney is a “court-certified” mediator?

ANSWER: Supreme Court Rule 17.04 does not indicate, in any way, that people who attend the required training are certified by the court. Therefore, it would violate Rule 4–7.1 to make that representation.