MISSOURI ADVERTISING RULES Flashcards
MA RULE 7.1: Communication Concerning a Lawyer’s Services
A lawyer shall not make a false misleading communication about the lawyer or the lawyer’s services.
A communication is false if it contains a material misrepresentation of fact or law.
A communication is misleading if it’s likely to create an unjustified expectation about results the lawyer can achieve.
MA RULE 7.2: Advertising
The following disclosure must be contained in all advertisements:
“The choice of a lawyer is an important decision and should not be based solely upon advertisements.”
(The only exception is for written solicitations governed by the disclosure rules of 7.3(b))
The disclosure need not be included if the information communicated in the advertisement is limited to:
–> the name of the law firm and the names of the lawyers in the law firm
–> one or more fields of law in which the lawyer or law firm practices
–> the date and place of admission to the bar of state and federal courts
–> the address (including email and website address), telephone number, and office hours
MA RULE 7.3: Direct Contact with Prospective Clients
A lawyer may NOT initiate IN-PERSON SOLICITATIONS (that is, in-person, telephone, or real time electronic) of legal business under any circumstances, other than with an existing or former client, lawyer, close friend or relative.
A lawyer MAY initiate WRITTEN SOLICITATION to an existing or former client, lawyer, or relative without complying with Rule 4-7.3(b).
MA RULE 7.4: Communication of Fields of Practice and Specialization
A lawyer can communicate whether they do or don’t practice in a particular field.
A lawyer may not state or imply that they’re a specialist unless the communication contains a disclaimer that neither the SC of Missouri nor the Missouri reviews or approves certifying organizations or special designations.
MA RULE 7.5: Firm Names and Letterheads
(a): A lawyer may not use a firm name, letterhead, or other professional designation that violates Rule 7.1
A trade name may be used by a lawyer in private practice if is doesn’t imply a connection with a government agency or with a public/charitable legal services organization.
(b): Multiple offices of the same law firm may use the same name or other professional designation in each jurisdiction.
(c): The name of a lawyer holding a public office may not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm.
(d): Lawyer may state or imply that they practice in a partnership or organization only when that is a fact
MA RULE 7.6: Political Contributions to Obtain Government Legal Engagements or Appointments by Judges
A lawyer or law firm may not accept a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment
