Could a lawyer list elder-law association membership without a specialist-certification disclaimer?

Plain-English summary

A lawyer asked to use a National Academy of Elder Law Attorneys membership designation and logo across firm advertising without a Rule 4-7.4 certification disclaimer.

The opinion permitted identifying membership without the disclaimer on the understanding that anyone could join by paying the fee and the membership did not represent qualifications or expertise.

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: Was membership treated as specialist certification?

A: No, under the opinion’s stated understanding of open fee-based membership.

Q: Did the answer address any association with selective qualifications?

A: No. Its conclusion rested on an association open to anyone who paid the fee.

Background and rules framework

The answer cited Rule 4-7.4 and limited its conclusion to the described membership.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-7.4

See also

• Missouri Informal Op. 20000057: Trade Names

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/990195/

• 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 is a member of the National Academy of Elder Law Attorneys, Inc. May Attorney use the membership designation and logo on Attorney´s letterhead, business cards, firm brochure, newspaper advertisements and telephone advertisements without having to give the disclaimer for certifications required in Missouri?

ANSWER: Attorney may indicate that Attorney is a member of the National Academy of Elder Law Attorneys, Inc., without including the disclaimer required by Rule 4–7.4. This opinion is based on the understanding that this organization is an association, which anyone may join by paying the appropriate fee and no representation regarding qualifications or expertise is involved.