Attorney Advertising Rules for the State of Missouri

In Missouri, attorney advertising is regulated by the Missouri Rules of Professional Conduct, specifically Rules 4-7.1 through 4-7.5. These rules establish ethical standards to ensure that communications about legal services are truthful and not misleading.

Rule 4-7.1: Communication Concerning a Lawyer’s Services

This rule prohibits lawyers from making false or misleading communications about their services. A communication is considered false if it contains a material misrepresentation of fact or law. It is deemed misleading if it omits a fact that makes the statement as a whole materially misleading, creates unjustified expectations about results the lawyer can achieve, or compares the quality of the lawyer’s services with others without factual substantiation.

Rule 4-7.2: Advertising

Lawyers are permitted to advertise their services through public media, such as telephone directories, legal directories, newspapers, outdoor advertising, radio, television, and direct mail, subject to certain conditions:

• Retention of Advertising Copies: A copy or recording of an advertisement must be kept for two years after its last dissemination, along with a record of when and where it was used.
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• Payment for Recommendations: Lawyers shall not give anything of value to a person for recommending the lawyer’s services, except for paying the reasonable cost of permitted advertisements, the usual charges of a qualified lawyer referral service, or other not-for-profit legal services organizations.
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• Identification of Financing Lawyer: If a lawyer finances an advertisement for another lawyer, the advertisement must disclose the name and address of the financing lawyer, the relationship between the advertising and financing lawyers, and whether the advertising lawyer is likely to refer cases received through the advertisement to the financing lawyer.
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Rule 4-7.3: Direct Contact with Prospective Clients

This rule addresses solicitation of clients:

• Prohibited Solicitations: Lawyers must not solicit professional employment through live person-to-person contact when a significant motive is pecuniary gain, unless the contact is with another lawyer, a person with whom the lawyer has a family, close personal, or prior professional relationship, or a person who routinely uses for business purposes the type of legal services offered by the lawyer.
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• Permitted Communications: Solicitation through written, recorded, or electronic communication is permitted, provided it complies with Rule 4-7.1 and does not involve coercion, duress, or harassment.
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Rule 4-7.4: Communication of Fields of Practice

Lawyers may communicate the areas of law in which they practice. However, a lawyer shall not state or imply that they are a specialist in a particular field of law unless they have been certified by an organization approved by an appropriate state authority or accredited by the American Bar Association, and the name of the certifying organization is clearly identified in the communication.

Rule 4-7.5: Firm Names and Letterheads

This rule governs the use of firm names and professional designations:

• Use of Trade Names: A law firm may use a trade name in private practice if it is not misleading and does not imply a connection with a government agency or with a public or charitable legal services organization.
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• Names of Lawyers: The use of names of deceased or retired members is permissible if the firm is a bona fide successor. However, the name of a lawyer holding public office must not be used in the firm name during any substantial period in which the lawyer is not actively and regularly practicing with the firm.
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Attorneys practicing in Missouri should familiarize themselves with these rules to ensure compliance in their advertising practices. For comprehensive information and resources, attorneys can consult the Missouri Supreme Court’s website, which provides access to the full text of the Missouri Rules of Professional Conduct, ethics opinions, and guidelines to assist lawyers in adhering to ethical standards in all aspects of their practice.