Could a lawyer staff a trade-show booth, discuss legal questions, and arrange later consultations?

Plain-English summary

A lawyer proposed a named firm booth with brochures, legal discussions requested by visitors, and appointments for possible engagement.

The opinion said the proposed activities did not violate Rule 4 on the facts given. It required attention to confidentiality in booth consultations and a conflict check before situation-specific advice. Contact had to be initiated by the visitor; lawyer-initiated contact would be in-person solicitation contrary to Rule 4-7.3(b).

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 the lawyer answer a visitor’s specific legal question?

A: The opinion allowed it subject to confidentiality and a conflict check before specific advice.

Q: Could the lawyer initiate contact with passersby?

A: No. The opinion said that would violate Rule 4-7.3(b).

Background and rules framework

The answer expressly cited Rule 4-7.3(b) on in-person solicitation.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-7.3

See also

• Missouri Informal Op. 20000151: Neighborhood Canvassing

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/990116/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

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

QUESTION: May Attorney attend a trade show and occupy a booth which displays the name of Attorney and the name of Attorney´s firm? May Attorney display brochures and other literature ordinarily displayed in the lobby of the Attorney´s office? May Attorney discuss and answer legal questions and give legal advice to members of the public who solicit such advice from Attorney while in Attorney´s booth? May Attorney make an appointment for such a person to meet the following weekday at Attorney´s law office to possibly sign an engagement agreement or attorney/client contract?

ANSWER: Based solely on the information Attorney has provided, the activities Attorney has proposed would not violate Supreme Court Rule 4. If Attorney will be consulting with individuals at a trade show, Attorney has an obligation to ensure confidentiality or be certain that the individual is not concerned about confidentiality. If Attorney will be giving specific advice or addressing specific situations, Attorney must perform a conflicts check before giving the advice. Attorney must also be certain that Attorney is only responding to contact, which has been initiated by individuals. If Attorney initiates the contact, Attorney would be engaging in “in person” solicitation in violation of Rule 4–7.3 (b).