QUESTION: May Attorney participate in an advertising program where television ads tell people that, if they have been injured, they can call a toll free number? Participating attorneys are then given the names and phone numbers of people from their areas who call. Each attorney has the exclusive right to receive the names of people who call from the attorney's geographical area.

ANSWER: Based on the provided information, Attorney may participate in this type of joint advertising. The advertisements, themselves, must comply with the Missouri Rules of Professional Conduct.

QUESTION: A local television station approached Attorney about serving as an expert on their news program. Attorney would pay a considerable amount of money, and the station would guarantee a certain amount of time on television each quarter. The audience would not know that Attorney had paid for the time on television. Can Attorney enter into this advertising agreement?

ANSWER: The situation described would violate Rule 4-7.1(a), 4-8.4(c), or both. In context, misrepresentation of facts would be involved. Additionally, if Attorney is held out as an expert, Rule 4-7.4 might require the applicable disclaimer. It may be possible to enter into this arrangement as long as the appropriate disclosures are provided in a meaningful way.

QUESTION: May Attorney include in his Yellow Pages advertisement that Attorney is a veteran, along with specific information regarding the nature of Attorney's service?

ANSWER: Information regarding military service may be included in advertising, as long as the information is truthful and not misleading.

QUESTION: Question 1. Attorney A is a partner in a firm. Attorney B is an associate in the same firm. Can Attorney A and Attorney B advertise together and not mention the name of the firm at which they are partner and associate respectively in their advertisement? Question 2. Attorney A is a partner in a firm with Attorney B. Can Attorney A advertise as "A and Associates," separate from Attorney A's current partner and not mention the current partner in such advertisement? Question 3. Attorney A is a partner in a law firm. Attorney B is an associate in the same firm. Can Attorney A advertise separately from the firm and not mention the name of the firm? Question 4. Attorney A is a partner in a law firm. Attorney B is an associate in the same firm. Can Attorney B advertise separately from the firm and not mention the name of the firm? ANSWER: Question 1. Advertising in association with other lawyers may give the impression to the public that the lawyers are practicing in a partnership or other organization. See rule 4-7.5(f) This may be misleading to the public. See Rule 4-7.1 Questions 2., 3., and 4. If an attorney is a member of two firms, both firms will have to reference the other firm everywhere the firms hold themselves out to the public. The conflicts of either firm will be the conflicts of both. An attorney may not advertise under a different name, without referencing the firm name, if the attorney's sole practice is in that firm.

QUESTION: Attorney recently launched a website for Attorney's firm. A client viewed the website and offered to serve as a reference and speak to clients about the services that Attorney offers. Would this breach any ethical guidelines if Attorney were to post this information on Attorney's website? Any statements would come directly from the client with complete consent. ANSWER: It is generally permissible for Attorney to use a client testimonial in advertising, such as a website. The testimonial cannot include statements or information that would violate any of the rules regarding advertising, Rules 4-7.1-4-7.5.

QUESTION: Attorney's firm is currently a professional corporation. One of the lawyers practicing in the firm, A, is not a shareholder. All of A's compensation is paid as W2 wages. A does receive a bonus based upon the amount of work that A brings in. A does not share any of the expenses. A does not directly participate in the profits, except for salary and a simple pension plan. May A, who is not a shareholder of a professional corporation, have A's name included in the professional corporation's name? ANSWER: It would violate Rules 4-7.1 and 4-7.5(f) to include A in the firm name. Including A in the firm name would imply that A is a shareholder in the professional corporation.

QUESTION: Attorney is the managing attorney for an insurance company´s law department. Attorney´s office functions as an in-house ´captive´ firm for the insurance company. The department holds itself out to be a law firm. The members of the office are employees of and paid by the insurance company. The office has used letterhead which denotes that it is not a partnership. Are there any potential violations of Rule 4-7.5, or any other applicable rule(s)? ANSWER: As in-house attorneys, it would be misleading for the letterhead to represent the attorneys as a law firm. The letterhead would violate Rules 4-7.1 and 4-7.5.

QUESTION: Does an ethical problem arise when Attorney, in response to a call from a potential client, meets with that potential client in a mobile law office? May Attorney enter into an attorney-client contract in the mobile office? May Attorney advertise the ability to provide the additional service of a mobile law office over television and radio? ANSWER: Attorney will not violate Supreme Court Rule 4, by meeting with a client in a mobile law office and entering into a contract with a client, if that is what the client decides. Attorney will not violate the Rules of Professional Conduct by advertising the availability of a mobile office, as long as the advertisements otherwise comply with Rules 4-7.1 - 4-7.5.

QUESTION: Attorney is renting office space from a law firm and there is a landlord tenant relationship. They share a common reception area. The firm´s receptionist answers Attorney´s telephone calls only when Attorney´s number is forwarded to do so. One of the members of the law firm is a municipal judge and another is a city prosecutor. May Attorney represent individuals charged with violations in the areas where the firm members act as the prosecutor and municipal judge? ANSWER: The arrangement Attorney has described does not, on its face, prohibit Attorney from representing individuals charged with ordinance violations in either of those municipalities. In an office sharing arrangement, it is important to be certain that people who come into contact with the offices understand that they are separate offices. This should be addressed in signs and possibly in the set up of the reception area. It should also be addressed in the manner in which the telephone is answered, even when Attorney has forwarded Attorney´s calls to the firm´s telephone number. Attorney also has an obligation to maintain confidentiality as to Attorney´s files and other information. In order to accomplish such confidentiality Attorney´s files must be secure. If Attorney has taken these steps, the firms will be treated as separate. Therefore, Attorney will not have a conflict.

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.

QUESTION: Attorney is involved in an office sharing agreement with three other attorneys. Each person pays all expenses relating to their practice and each contracts separately with clients. They do share common overhead expenses. They are also networked together on the same computer system and everyone on the network can access all of the client files for all of the attorneys. The attorneys are the sole occupants of a stand alone building and the sign in front of the building lists the names of all attorneys and the words "Law Office´. There is one receptionist answering the telephone for all four attorneys. Currently, each attorney has their own stationery with their name at the top. Should Attorney list the names of the other attorneys on Attorney´s stationery? If so, what is the proper way to list these names? ANSWER: Under Rules 4-7.1 and 4-7.5(f), if Attorney is in an office sharing arrangement, all stationery, signage, etc., should indicate that Attorney is completely separate. If Attorney includes the other attorneys on Attorney´s letterhead, it would give a contrary impression. If Attorney has a separate practice, it is not appropriate for the other attorneys to have access to confidential information regarding Attorney´s clients. This applies to electronic information in the computer system, paper files, incoming and outgoing fax materials, etc. Attorney should take immediate steps to make any necessary changes to comply with the requirements of Rule 4-1.6 regarding confidentiality.

QUESTION: Attorney is licensed in a adjoining state and has filed an application to take the Missouri Bar Examination. Attorney´s office is located in Missouri and uses that address for mailing and on letterhead. Attorney also works out of Attorney´s home in the adjoining state. Attorney has not appeared in court in Missouri and only uses that office to type letters, draft motions and petitions and meet with Attorney´s supervising attorney. Attorney has always been careful to assert to clients that Attorney is not licensed in Missouri and will not represent clients in Missouri courts. Is this appropriate? ANSWER: Until Attorney is licensed in Missouri, Attorney may use Attorney´s Missouri office to type letters to clients, draft motions and petitions and to meet with the supervising attorney. Attorney may not use Attorney´s Missouri office as Attorney´s mailing address or to receive Attorney´s telephone calls. Attorney may not meet with clients in Attorney´s Missouri office, and Attorney may not advise clients from Attorney´s Missouri office. Attorney may not use Attorney´s Missouri office address on Attorney´s letterhead.

QUESTION: Attorney is licensed and in good standing in Missouri. Attorney would like to form a partnership with an attorney who is licensed in a neighboring state, but not yet licensed in Missouri. The partnership would have an office in Missouri and in the neighboring state. The letterhead would indicate which state or states each attorney is licensed in. The other attorney hopes to soon be licensed in Missouri and they plan to be cautious not to do anything that constitutes the unauthorized practice of law. Is this proposed arrangement acceptable? ANSWER: The arrangement Attorney has proposed would not violate Missouri Supreme Court Rule 4.

QUESTION: Attorney has practiced as a sole practitioner for the last year using only Attorney´s name. Attorney has a colleague, "Pat Doe´, who is also a solo practitioner, but uses the firm name the Pat Doe Law Firm. The colleague has taken another position with a government entity and can no longer practice law. Attorney has started working out of the colleague´s office and they would like to continue using Pat Doe Law firm. May Attorney continue to use the firm name in spite of the absence of the colleague from the practice at this point? ANSWER: Attorney may not continue to use the name Pat Doe Law Firm while Pat Doe is not a part of the practice.

QUESTION: Attorney recently got married. Attorney would like to continue to practice law under Attorney´s maiden name, while conducting personal business under Attorney´s legal surname. Would this be permissible under the Rules of Professional Conduct? ANSWER: Attorney will not violate any provision of Supreme Court Rule 4, the Rules of Professional Conduct, by continuing to use Attorney´s maiden name for professional purposes while using Attorney´s legal surname for personal matters. Attorney should ascertain that the correct name, used for professional purposes, has been provided to the Missouri Bar, the Missouri Supreme Court Clerk and the Office of Chief Disciplinary Counsel.

QUESTION: May Attorney be a partner in one firm and be "Of Counsel" to another firm? ANSWER: It is possible for Attorney to be "Of Counsel" to one firm and a partner in another. If Attorney has a relationship with more than one firm, the conflicts of each firm become the conflicts of the other. Also, it will be necessary for both firms to disclose the relationship with the other firm everywhere they hold themselves out to the public.

QUESTION: Attorney is interested in setting up an Internet web site that would provide generalized legal information. The site would set up access to three attorneys who are non-affiliated, private practitioners. Would a plain and unambiguous disclaimer stating that this is not a law firm and that the attorneys are not affiliated be sufficient to insulate the attorneys involved from being considered to be a firm? ANSWER: Although a plain and unambiguous disclaimer may be sufficient to alert someone to the actual nature of the relationship, it may not be sufficient to insulate the attorneys from being treated as a firm from an ethical standpoint. In addition to the concerns Attorney has raised about creating the appearance of a firm, Attorney should also be aware that there are concerns about soliciting e-mail from prospective clients through a web site. If Attorney engages in the practice of communicating with current or prospective clients by e-mail, Attorney bears the responsibility of providing them timely advice regarding the relative security of communication by e-mail, in general, and in the particular computer setting through which they would be communicating. Attorney also creates the potential for conflicts of interest to be created through the receipt of substantive information by e-mail which may involve a person whose interests are adverse to a current client.

QUESTION: Attorney is forming a firm to provide legal services to financial institutions. A CPA firm would refer financial institution clients to Attorney and Attorney would bill the institution directly for legal services. Attorney would then contract with the CPA firm on a case by case basis for the CPA firm´s personnel to handle Attorney´s administrative and paralegal work. Attorney would supervise all of the work and the CPA firm personnel would not be providing legal services for the client. Is this permissible? ANSWER: It appears from Attorney´s description that Attorney´s hiring of the CPA firm will be a quid pro quo for the referral of clients. If that is the case, the arrangement would violate Rule 4-7.2(c), which prohibits giving anything of value in exchange for a referral. Attorney may hire the CPA firm to perform Attorney´s administrative and secretarial service. However, this situation will require Attorney to make special arrangements regarding confidentiality, conflicts and the manner in which Attorney holds herself out to the public. Attorney would need to ensure that the public understands that Attorney´s law practice is independent of the CPA firm, but Attorney would also need to ensure that Attorney´s clients are aware of Attorney´s relationship with the CPA firm. Because the CPA firm will have access to confidential client information, Attorney will be responsible for the actions of the CPA firm´s staff in maintaining confidentiality. Attorney will also be responsible for making arrangements with the CPA firm to ensure that it does not undertake a representation adverse to one of Attorney´s current or former clients, if a similar representation would be prohibited under the Rules of Professional Conduct. If the CPA firm is not a completely independent business entity, the referral of clients to Attorney´s law firm may violate Rule 4-7.3(b) relating to in-person solicitation.

QUESTION: Attorney enters into an office sharing arrangement. Attorney would have a separate telephone number, but the fax number would be the same. It would appear on business cards, letterhead and the bar directory. Would this be a problem? Should Attorney get a separate fax line as well? ANSWER: It is not required that Attorney have a separate fax line in an office sharing arrangement. However, Attorney must be able to assure confidentiality of materials received or sent on a shared fax machine. Similar concerns apply to other shared machines, such as a copy machine, and shared areas, such as a conference room.

QUESTION: Attorney would like to use the internet for advertising and general legal consultations. Will this violate the rules? ANSWER: In the course of internet communications regarding Attorney´s services, Attorney is required to comply with Supreme Court Rule 4, including Rules 7.1 through 7.5, relating to advertising. Additionally, unless e-mail communications, in both directions, are secured through a quality encryption program, Attorney would need to advise clients and potential clients that communication by e-mail is not necessarily secure and confidential.

QUESTION: Attorney´s firm is principally involved in the defense of physicians in malpractice cases. Attorney recently hired a registered nurse to review medical records and medical related discovery. The nurse is not a trained paralegal, but engages in that type of work. Attorney would like to put the nurse´s name on the letterhead with the R.N. designation. Is it appropriate for Attorney to list the nurse´s name opposite the names of the attorneys with an R.N. designation solely? If not, would it be appropriate to list the nurse as a legal assistant and also a registered nurse. ANSWER: Attorney should designate this person as a legal assistant or, in some other way, indicate that this person is not an attorney, so that no one will be misled into believing this person is an attorney who is also an R.N.

QUESTION: Do settlement figures and verdict amounts in an advertising brochure violate Rule 4-7.1 or any of its subparts? Does listing prior case results violate any existing rule? ANSWER: Prior case results, including the settlement figures and verdict amounts portion of Attorney´s proposed advertisement, are likely to create an unjustified expectation about results in violation of Rule 4-7.1(c). This type of advertising also runs a high risk of violating Rule 4-7.1(b). Attorney indicates in proposed advertising that there will be no charge unless Attorney collects. That information triggers the disclaimer requirement of Rule 4-7.2(a) or 4-7.3(d), depending on the manner in which the brochure is used.

QUESTION: Attorney B has entered into an "Of Counsel" relationship with Attorney A. Clients are advised that both attorneys may work on their cases. Question 1. May Attorney B sign Attorney B´s name on the letterhead of Attorney A? Question 2. If so, must Attorney B use the designation of "Of Counsel´? Question 3. Is Attorney B´s name required to be on the letterhead of Attorney A? Question 4. If Attorney A filed an entry of appearance in a case, may Attorney B appear on the case on behalf of Attorney A? Question 5. Is Attorney B required to file a joint entry of appearance in order to appear on a case? ANSWER: Questions 1. and 2. Yes. Question 3. No. Questions 4. and 5. Attorney A may appear on the case for Attorney B without having jointly entered an appearance without violating the Rules of Professional Conduct. However, any judge or other tribunal may impose other conditions or restrictions.

QUESTION: Attorney is currently in an office sharing agreement with another attorney and they are considering entering into a formal partnership agreement at a later time. Attorney would like to obtain a full page advertisement to be split with the other attorney under one account with each attorney paying half. A border will divide the page into two parts. Would such advertising imply a partnership? Would such advertising need to contain a disclaimer stating the offices are not in partnership? ANSWER: It is permissible for Attorney and another attorney to share the costs of a full page in the yellow pages without violating Rule 4-7.5(f) as long as the advertisements appear to be two separate advertisements. Depending on the degree to which the advertisements would appear to an objective person to be two separate advertisements, a disclaimer might be helpful.

QUESTION: Does Missouri have specific rules related to Internet advertising? ANSWER: Missouri does not have any specific rules relating to Internet advertising. The general rules on advertising apply to any form of advertising, including Internet advertising. The Missouri rules on advertising are Rules 4-7.1 through 4-7.5 of Supreme Court Rule 4, the Rules of Professional Conduct.

QUESTION: Attorney owns office space and is considering entering into a landlord/tenant office sharing relationship with a non-attorney. The offices are all separated and have closing doors. There would be a common reception area. The non-attorney would have a separate secretary and phone system. There would be separate signage outside and inside the office space. All legal files would be maintained in separate storage and secured. No sharing of information would occur. There would be no sharing of advertising. ANSWER: Based on the information provided, the office sharing arrangement Attorney has proposed will not violate the Rules of Professional Conduct.

QUESTION: Attorney proposes to set up a website and include the website address on Attorney´s letterhead. The website address will include reference to a specific area of practice. The website itself will invite people to e-mail Attorney regarding matters in that area of practice. Attorney also proposes to include the e-mail address on letterhead. ANSWER: Based on the information Attorney has provided, the actions Attorney proposes will not violate the Rules of Professional Conduct. In light of the fact that Attorney will be soliciting potential clients to contact Attorney by e-mail regarding legal matters, Attorney should include on the website a cautionary statement that communication by e-mail is not necessarily secure and confidential.

QUESTION: Attorney, who is licensed in other states and is awaiting licensure in Missouri, is in a Missouri firm. Attorney understands: 1 Attorney may not sign letters or legal opinions to clients. 2 Attorney must inform clients that Attorney is not licensed in Missouri and must not say anything that would mislead the clients. 3 Attorney may not appear in a Missouri court on behalf of a client unless Attorney has been admitted as a visiting attorney. 4. Until Attorney is licensed in Missouri, Attorney´s primary duties will involve drafting documents and doing research for licensed Missouri attorneys. May Attorney use a business card which indicates the states in which Attorney is licensed and a notation that Missouri licensure is pending? ANSWER: Attorney is correct on items 1, 2 and 4. However, regarding item 3, if Attorney is now a Missouri resident, Attorney is not eligible to practice as a visiting attorney under Rule 9.03. Based on the information Attorney has provided, the proposed business card would not violate the Rules of Professional Conduct.

QUESTION: Attorney would like to office share with a CPA firm. May Attorney do so if Attorney´s files will be segregated within Attorney´s own space in the suite? May Attorney use or share the secretarial staff? ANSWER: Attorney may have an office sharing arrangement with the CPA firm as long as all signs, and other ways in which Attorney´s practice is held out to the public, clearly indicate that Attorney is separate. Attorney must not only make certain that Attorney´s files are segregated but that they are secure from unauthorized people. Attorney may use or share the secretarial staff as long as Attorney can implement adequate measures to ensure confidentiality.

QUESTION: Attorney will be giving a seminar for people in a particular industry. The seminar is intended to be informational in nature. Course materials and promotional material will include the name of Attorney´s firm. Will this violate the rules? ANSWER: Based on the general information provided, Attorney´s proposed conduct will not violate the Rules of Professional Conduct. Any additional facts could change the opinion. Attorney should be aware that the materials distributed at the meeting with the name and address of Attorney´s firm would be considered advertising materials. Therefore, those materials must comply with the requirements of Rules 4-7.1 - 4-7.5, including any disclaimer requirements that might apply.

QUESTION: Attorney was married recently and would like to change Attorney´s surname but continue to practice under the surname used before the marriage. ANSWER: Attorney may continue to practice under Attorney´s previous surname although Attorney has changed Attorney´s surname to the same as Attorney´s spouse´s as long as Attorney provides notification to the Missouri Supreme Court, The Missouri Bar and this office. The notification should include each full name and how Attorney will be using each name.

QUESTION: May Attorney issue a press release regarding seminars Attorney has attended? ANSWER: Yes. As with any other communication about Attorney´s practice, Attorney should review Rules 4-7.1 through 4-7.5 to ensure that the communication is in compliance.

QUESTION: May Attorney place the initials "LLM" on Attorney´s letterhead? ANSWER: Attorney may place the initials "LLM" on Attorney´s letterhead, if Attorney has received an LLM degree.

QUESTION: Attorney proposes to use two radio advertisements that are set up in dialogue format. The voices will be those of professional announcers, not actual clients nor celebrities. Must Attorney have the advertisements state that the voices are not those of actual clients? ANSWER: Under Rule 4-7.1(g), Attorney will be required to include a disclaimer that these are not actual clients. It is not necessary that Attorney use the exact language of the rule as long as the language Attorney uses conveys that meaning.

QUESTION: Attorney asks that Informal Opinion 950120 be reconsidered. That opinion stated that a sole practitioner could not use the word "firm" in the name of the sole practitioner's practice. ANSWER: Although the term "firm" is defined as referring to two or more people, it is also widely defined as a commercial enterprise without regard to the number of people involved in the enterprise. Therefore, attorney X who is a sole practitioner may use the name "The X Law Firm." This conclusion also leads to the result that Attorney may use the word "firm" in the title of attorney's practice. Based on this conclusion, Informal Opinion 950120 is no longer valid.

QUESTION: Attorney is associated with a business as an advisor and officer. May Attorney be listed as "of counsel?" ANSWER: It would be permissible for Attorney to be identified as counsel for the business, as long as Attorney is, in fact, serving in that capacity. The use of the phrase "of counsel" would not be appropriate since that phrase normally indicates a relationship with a law firm. Use of that terminology would be misleading because it would give the impression that the business is a law firm.

QUESTION: Attorney will incorporate under the name of "Law Office of Pat Doe." The firm of which Attorney was previously a member was "Red, Green, Roe and Doe." Red and Green were members of the firm at the time of their deaths. Roe was a member of the firm at the time Roe became a judge. May Attorney refer to these members of the previous firm on Attorney´s letterhead? May Attorney refer to this firm as "established in 19XX" which is the year that the first member of the predecessor firm began practice? ANSWER: No. The references would violate Rule 4-7.1 and 4-7.5

QUESTION: Attorney submits a proposed direct mail solicitation form letter with questions about the appropriateness of certain language. ANSWER: The letter says that few people are compensated as they should be. The letter also says that clients can usually net more by using an attorney than dealing directly with the adjuster. These statements must be subject to ready verification by the public or they will violate Rule 4-7.1. If Attorney does not maintain a source of verification of these statements which Attorney makes available to the public, Attorney would be violating this rule. Additionally, the statement that "You are entitled to fair compensation." does not take into account the question of liability, and therefore may be misleading and may create an unjustified expectation of results. The letter fails to include the statement that the client may be responsible for costs or expenses. Rule 4-7.3(d) requires a conspicuous statement to that effect that notifies the recipient of the advertising that they may be responsible for costs and expenses regardless of the outcome. The letter contains the statement that "I will be personally responsible for the performance of this legal service for you." If Attorney is indicating only that Attorney will be supervising any other attorney who performs these services, the statement is misleading. If Attorney means that Attorney will personally handle the case, that eliminates the concerns.

[NOTE: No longer valid. See 950232.] QUESTION: Attorney, Pat Doe, will be a sole practitioner. Attorney would like to practice under the name The Doe Law Firm. ANSWER: It would be misleading, and therefore prohibited by Rule 4-7.1 Attorney to use the word "firm" when Attorney is a sole practitioner. The dictionaries consulted universally define "firm" as relating to two or more people.

QUESTION: The firm is contemplating setting up a subsidiary law firm that would practice exclusively in a particular area of the law. The subsidiary would be a separate entity with a different name, address and management. All profits would flow through to the parent firm. The lawyers working for the subsidiary would hold themselves out as employees of the subsidiary, not the parent. ANSWER: The arrangement would not violate any provision of the Rules of Professional Conduct. However, all communications about each firm, would have to disclose the relationship with the other firm. Additionally, all conflicts of interest of each firm would be considered conflicts of both firms.

QUESTION: Attorney would like to withdraw from the firm and practice from home. May Attorney use the firm´s letterhead? May Attorney use Attorney´s home address? ANSWER: Attorney may withdraw as a partner in the firm and practice from a home office. However, Attorney may not use the firm´s letterhead unless Attorney maintains an active relationship with the firm and the firm is actually Attorney´s practice location. If Attorney completely withdraws from the firm and practices from the home, Attorney must use the home address on letterhead. Attorney could also use a post office box and put that address on the letterhead.

QUESTION: Attorney submits a proposed advertisement. ANSWER: The claims that Attorney has defended clients against "unjust" claims is probably not readily verifiable as required by Rule 4-7.1(e). The general statement of "over [$X] recovered in damages" is usually considered to violate Rule 4-7.1(c) by creating an unjustified expectation in light of the fact that the overall damages figure does not relate to any specific case. Otherwise the advertisement is acceptable assuming it is truthful and not misleading and is readily susceptible to verification.

QUESTION: Attorney proposes to use an advertisement which includes the phrase "Sign up at seminar for free living will." The advertisement will also describe living trusts as "revolutionary" and "risk-free." ANSWER: The phrase about signing up for a free living will does not violate the rules but indicates that there is a concern about the possibility that "in person" solicitation in violation of Rule 4-7.3(b) may occur at the seminar. The use of the words "revolutionary" and "risk-free" in connection with living trusts raises concerns. Living trusts have been in use for many years and have been quite popular estate planning tools for several years. Therefore, the accuracy of the word "revolutionary" is doubtful. The term "risk-free" could be interpreted as indicating that a living trust is right for everyone, will never have adverse consequences and cannot be challenged. The accuracy of this term is also doubtful.

QUESTION: Attorney submits a brochure and asks whether it would violate the Rules. Attorney also asks whether it would be permissible to distribute the brochure to clients who come to the office and to people who would pick them up at other places of business. ANSWER: The particular brochure submitted does not violate the Rules. However, this opinion does not address possible uses of the brochure. For example, the brochure could not be used as a tool for "in- person" solicitation prohibited by Rule 4-7.3(b). It would be permissible to distribute the brochure as described as long as Attorney gives nothing of value to the other businesses for distributing the brochure. Giving something of value would violate Rule 4-7.2(c).

QUESTION: Attorney proposes specific language for an advertisement. Attorney will indicate that Attorney will handle personal injury cases and that there is no fee for a consultation. Attorney does not mention accepting cases on a contingency fee basis although Attorney will do so. ANSWER: Attorney need not include the "contingency fee" disclaimer of Rule 4-7.2, if the advertisement does not reference a contingency fee or words to that effect.

QUESTION: Attorney is a former judge who is returning to the practice of law. May Attorney indicate Attorney´s status as a retired judge on business cards, letterhead, etc.? ANSWER: Yes, however this office cannot give an opinion regarding the Code of Judicial Conduct. Attorney should contact the judicial commission for an opinion from that perspective.

QUESTION: Does the title "general counsel" create any different obligations than the titles "legal counsel" or "corporate counsel´? ANSWER: No. Under the Rules of Professional Conduct, the attorney´s actual role rather would determine the attorney´s responsibilities regardless of the title. If individuals within the organization might be led to believe that the attorney has a role other than the actual role, perhaps the title used should be reconsidered.

QUESTION: Attorney has a professional corporation. Attorney will register a fictitious trade name for the professional corporation. Attorney wants to use both names in advertising and only the trade name on letterhead. ANSWER: In order to avoid violating Rule 4-7.1, Attorney would have to use the trade name and the professional corporation name on letterhead as well as in advertising.

QUESTION: May Attorney allow the law firm´s staff to use business cards? ANSWER: Yes, if they are truthful and not misleading.

QUESTION: Attorney is an occasional consultant for another attorney. Must Attorney´s name be included in the other attorney´s advertisement? ANSWER: No. Neither Attorney nor Attorney´s firm need be identified. As an occasional consultant, the other attorney would have to seek the client´s consent and ascertain that there are no conflicts before bringing Attorney in on a matter.

QUESTION: Attorney submits a brochure and asks whether it would violate the Rules. Attorney also asks whether it would be permissible to distribute the brochure to clients who come to the office and to people who would pick them up at other places of business. ANSWER: The particular brochure submitted does not violate the Rules. However, this opinion does not address possible uses of the brochure. For example, the brochure could not be used as a tool for "in- person" solicitation prohibited by Rule 4-7.3(b). It would be permissible to distribute the brochure as described as long as Attorney gives nothing of value to the other businesses for distributing the brochure. Giving something of value would violate Rule 4-7.2(c).

QUESTION: Attorney requests reconsideration of Informal Opinion 940005 in which the question was: Attorney would be a partner in two firms. Attorney would not do the same type of work in both firms. The answer was: This would be a violation of the rules because Attorney would have conflicts from both firms. Attorney´s clients would not be aware of all of the conflict situations which could involve the other firm. ANSWER: The relationship is permissible. However, in order to avoid violating Rule 4-7.1, it would be necessary for Attorney to identify both firms on each firm´s letterhead and other forms of communication to the public and other law firms. The firms must be considered as one for conflicts purposes.

QUESTION: Several attorneys wish to form a partnership. Within the partnership will be professional corporations and limited liability companies. (1) May the letterhead only reflect the partnership name without referencing the professional corporations or limited liability companies? (2) Would it be OK if the partnership name is used and the professional corporations and limited liability companies are otherwise identified on the letterhead? (3) May a law firm be a limited liability company? ANSWER: (1) No. (2) Yes. (3) Yes.

QUESTION: Attorney is in a firm which has had several members with the same last name. The firm name has been Lastname & Lastname. One of the other members is deceased and another has left the firm. Attorney is now the only attorney in the firm. May Attorney continue to use this firm name and show the deceased member as deceased on the letterhead? ANSWER: Yes.

QUESTION: Attorney is a member of one firm and will be "of counsel" to another firm. The two firms share office space and some equipment, otherwise they are separate. Does this violate the Rules of Professional Conduct? ANSWER: In order to avoid violating Rule 4-7.1 attorney would need to identify both firms with which the attorney is connected on each firm´s letterhead and other forms of communication to the public and other law firms. The two firms will be considered as one for conflicts purposes.

QUESTION: Attorney plans to convert the law practice to a professional corporation from a sole proprietorship. Attorney would like to continue to use Attorney´s name without the designation "P.C." on the letterhead and advertising. Attorney would register Attorney´s individual name as a fictitious name. ANSWER: This would violate Rules 4-7.1 and 4-7.5(f) in light of the requirement of section 356.071, RSMo Supp. 1993.

QUESTION: Attorney has not changed her name since she got married a number of years ago. Attorney now wishes to change her name but wants to continue to use her current name professionally. ANSWER: As long as Attorney maintains the same name in all aspects of her professional practice, it would not violate the rules. Attorney should be certain that she uses the same name on all pleadings and professional correspondence and in all advertising. Attorney should also make certain that the name used for her professional name is the name on file with the Missouri Supreme Court, The Missouri Bar and this office.

QUESTION: Attorney has left a firm. May Attorney contact the clients of the firm who were Attorney´s primary responsibility and inform them that Attorney has left the firm and the client may come with Attorney, stay with the firm or go with any other attorney? May Attorney comment on the lack of experience of the remaining members of the firm in Attorney´s practice area? ANSWER: Attorney may notify the clients of their options. Rule 4-7.1(d) would apply to comments regarding the experience of the remaining members of the firm. If the clients ask about Attorney´s qualifications or the qualifications of the remaining members of the firm, Attorney may make factual statements which can be substantiated.

QUESTION: Attorney proposes to send prospective clients a letter which states that Attorney "specializes" in automobile law. The letter would also convey that people who have been injured in an automobile collision should consider hiring an experienced attorney. The letter would offer a free office conference and would indicate that the recipient may be eligible for healthcare without out of pocket expense. ANSWER: The word "specializes" would require inclusion of the Rule 4-7.4 disclaimer. Although healthcare without out of pocket expense may be available from some sources, Attorney should be aware that Rule 4-1.8(e) prohibits Attorney from advancing money to clients for expenses other than litigation expenses.

QUESTION: Attorney is president of a small corporation (not a law firm). Attorney does not provide legal representation to the corporation. All of the records and business transactions of the corporation are kept separate from Attorney´s law practice. May Attorney have the executive offices of the corporation housed within Attorney´s law offices? This would include notation on the door and the building directory as well as the office address being listed on the corporation´s letterhead. ANSWER: Sharing space with another business is permitted but the two businesses must be maintained separately. The corporation must have a separate phone number answered for the business and not the law office. The files and other information must be separately maintained to ensure confidentiality of information related to the law practice. The physical arrangement should be one which enables clients of both businesses to understand that the businesses are separate. Also, aside from the executive office question, Attorney should be very careful to take Attorney´s relationship to the corporation into account in Attorney´s conflicts checking system.

QUESTION: May a general counsel´s office within a corporation use letterhead with the name of the particular attorney and the office address without identifying the corporation? The attorney will be identified as "Attorney at Law." ANSWER: Yes.

QUESTION: (1) May attorney include her legal assistant on a brochure regarding her law practice? (2) May attorney name the practice using a plural noun when only one attorney is involved with the practice? ANSWER: (1) The legal assistant may be included but, if the attorney´s clients to whom the brochure is directed would be unlikely to understand that the legal assistant is a non-lawyer, the brochure should expressly identify the legal assistant as a non-lawyer. (2) No.

QUESTION: May attorney include membership in professional and fraternal organizations in advertising? ANSWER: Yes. Special attention should be given to Rule 7.4 and the possibility that specialization might be implied.

QUESTION: Is letterhead acceptable which includes the office manager and paralegals or legal assistant? ANSWER: Yes, as long as these individuals are clearly identified as non-attorneys. A heading over the attorneys names showing them to be attorneys would be one approach. Another approach would be to include a heading "Non-attorneys" over the names of the non-attorney staff. Other approaches would also be possible.