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: 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 interested in joining a network that facilitates electronic forwarding of consumer collection cases between member law firms across the United States. Attorney has some concerns about how the network funds its operation. The network charges three percent of net collections billed monthly to each firm. Attorney has some concern about splitting fees with non-attorneys. Is this fee agreement permissible and may attorneys licensed to practice in Missouri participate in such an agreement? ANSWER: Based on the information Attorney has provided, it appears that the network is a lawyer referral service. Under Rule 4-7.2(c), Attorney may not give anything of value in exchange for a referral unless the lawyer referral service is registered with this office under Rule 4-10.1.

QUESTION: May lawyer referral services collect a percentage of fees generated on cases referred to an attorney from the service. This provision seems to directly conflict with Rule 4-1.5(e), which allows a division of fees in proportion to the services performed by each lawyer, or with written acceptance, both lawyers assume joint responsibility for the representation. The referral service does not perform any of the legal services nor do they assume joint responsibility. Is this fee split acceptable under the rules? ANSWER: Under Rule 4-7.2(c), Attorney may pay the fees of a lawyer referral service registered under Rule 4-10.1.

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: May a business card state "No recovery, no legal fee" without stating that the client may be responsible for costs or expenses? ANSWER: Attorney must include the disclaimer that the client may be liable for costs and expenses, if Attorney includes the statement "No recovery, no legal fee" on Attorney´s business card. Although in normal practice Attorney may not disseminate Attorney´s business card without previous contact, Attorney´s business card is a form of advertising and it is not unusual for business cards to be passed along by individuals other than the attorney. Whether any use of the card would violate Rule 4-7.2 or 4-7.3 would depend on the specific circumstances.

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 was contacted by a group wanting to provide pre-paid legal services to its members in Missouri. Is it ethical for Attorney to participate in the plan? ANSWER: Based upon our analysis it appears that the plan is in reality a referral service, and is not registered as a Lawyer Referral Service under Rule 4-10.1. Therefore, Attorney would violate Rule 4-7.2(c) by participating.

QUESTION: Attorney´s firm would like to have a few of their clients give out coupons to their customers in mailers that would be sent by the business. Some would also place them in their business. Attorney´s firm will not be paying for them to be distributed. Does the use of these coupons violate the rule relating to advertising? Are there any other rules that would restrict the use of these coupons? ANSWER: Attorney has not indicated whether Attorney has given or will give anything of value to the businesses that will distribute the coupons in exchange for their distribution. It would not violate Rule 4-7.2(c) if Attorney only pays for the expense of the actual coupons. If Attorney has any understanding with these businesses that they will receive anything of value from Attorney, including but not limited to, discounts, waiver of fees, referrals to those businesses, the arrangement would violate Rule 4-7.2(c). Other details regarding the manner of distribution could indicate problems with other rules. When third parties distribute the advertising it is not possible to give a definite opinion about the propriety of the manner of distribution.

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´s firm has contracted with a company to carry out a "cooperative marketing and advertising program´. An 800 number would be advertised and the company would then refer callers to one of the participating attorneys. Would participation in this program be a violation of Rule 4-7.2(c)? ANSWER: The company about which Attorney has inquired is registered as a Lawyer Referral Service under Rule 4-10.1, which became effective January 1, 1996. Therefore, Attorney´s participation would not violate Rule 4-7.2(c).

QUESTION: Attorney has been approached by a private investigation group. The group has asked Attorney if Attorney would like Attorney´s name added to a list that the group provides to their clients. If the client chooses an attorney from the list provided by the group, the selected attorney agrees to pay the group an hourly rate for the work the group has done on the case to date and any additional work the group conducts on behalf of attorney. May Attorney pay the hourly rate charged by an independent private investigator? ANSWER: The arrangement Attorney has described would violate Rule 4-7.2(c) which prohibits an attorney from giving something of value to another in exchange for a recommendation of the attorney´s services. It may also violate other rules, but more detail about the arrangement would be needed to make that determination.

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: 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 is not registered as a qualified lawyer referral service under Rule 4-10.1. Attorney would like to refer certain types of cases, which Attorney does not handle, to another attorney. In exchange, the other attorney would pay Attorney either a percentage of the award or a flat fee depending on the type of case. ANSWER: The referral system Attorney has described would violate Rule 4-7.2(c).

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 submits an informational brochure which Attorney will send to current clients, former clients, friends and acquaintances and people who contact Attorney about the need for particular legal services. Is the brochure considered advertising under Rule 4-7.2? Must Attorney include the ADVERTISING disclaimer required by Rule 4-7.3? ANSWER: The brochure is considered advertising under Rule 4-7.2. If the pamphlet is directed to an individual prospective client or an individual in a situation similar to one covered by the text, it would be considered solicitation for purposes of Rule 4-7.3.

QUESTION: Attorney submits information about a business which refers clients to attorneys and charges a fee for the referral. Instead of accepting cash, attorney accepts a form of credit which can be used to pay other members of the system for their services. May Attorney participate in this program? Is the credit system fee splitting? ANSWER: Unless the program becomes registered as a qualified lawyer referral service under Rule 4-10.1, Attorney would violate Rule 7.2(c). Without more specific, detailed information regarding the program, it is not possible to determine whether the credit system would involve fee splitting prohibited by Rule 4-5.4.

QUESTION: Attorney´s law firm has prepared a newsletter with information about legislative and judicial legal developments. May the law firm send out the newsletter without including the Rule 4-7.3 ADVERTISING disclaimer? Does it matter if the newsletter is going to a former client, close friend or relative? ANSWER: The newsletter is advertising under Rule 4-7.2. If the newsletter is directed to an individual prospective client or an individual in a situation similar to one covered by the text, it would be considered solicitation for purposes of Rule 4-7.3. The "contingent fee" disclaimer would have to be included, if a newsletter indicates, in any way, that Attorney´s firm will accept cases on a contingent fee basis. Unless Attorney intends to evaluate the list of addresses prior to each mailing to determine that no addressee is in a situation covered by Rule 4-7.3, Attorney should include the "ADVERTISING" disclaimer mandated by that Rule. It does not matter if the newsletter is addressed to former clients, friends and relatives.

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 asks if it is permissible to distribute flyers to homes and on vehicles parked in parking lots, if no personal contact is made. ANSWER: Attorney may distribute flyers on parked vehicles and doorknobs without violating the Rules of Professional Conduct. However, Attorney, or anyone who is distributing the flyers for Attorney, must not engage in conversation with people about Attorney or Attorney´s services while distributing the flyers. Such conversation would be in- person solicitation, which would violate Rule 4-7.3(b).

QUESTION: Attorney is considering participating in an advertising program which involves advertisements run by a separate company. When calls come in regarding a particular area of practice, the operator calls one of the participating attorneys on a rotation basis. The attorney initiates all contact with the prospective client. The attorneys pay a flat fee per month for participating in the program regardless of the number of calls received by the lawyer or the number of cases accepted. Will Attorney violate the rules by participating in this program? ANSWER: This program is a lawyer referral service. Under Rule 4-7.2(c)(3), Attorney may participate in a lawyer referral service if it is a qualified service registered under Rule 4-10.1.

QUESTION: Attorney belongs to an organization which refers potential clients to Attorney. This organization is requesting a voluntary contribution by Attorney of 10% of the fee Attorney receives. May Attorney make this contribution? ANSWER: It would be appropriate for Attorney to make the contribution only if the organization which makes the referral is a qualified lawyer referral service registered under Rule 4-10.1. Otherwise, the arrangement Attorney has described would violate Rule 4-7.2(c).

QUESTION: May Attorney use a trade name in connection with Attorney´s practice? ANSWER: Attorney may use a trade name in connection with Attorney´s practice in Missouri without violating Rule 4-7.5. If Attorney uses a trade name, Attorney should be careful that all advertising includes the name of at least one attorney responsible for the advertisement in order to comply with Rule 4-7.2(d).

QUESTION: Attorney is a member of XYZ firm. ABC firm has approached Attorney regarding an arrangement in which ABC firm would refer clients to XYZ and receive a portion of the retainer paid by the client to XYZ firm, in accordance with a schedule established by the two firms. No portion of the arrangement calls for ABC to continue to be responsible for the matter or for the client to consent. ANSWER: Based on the information Attorney has provided, the arrangement Attorney proposes would violate the requirements for permissible fee sharing under Rule 4-1.5(e).

QUESTION: Attorney would like to participate in an advertising program in which a service accepts calls to a toll-free number advertised on television. The calls are screened as to type of practice to ensure that the call matches an area of law and geographic area listed with the service by a participating law firm. The operator has a very brief statement of the attorney's background available and may describe the attorney or firm qualifications to the prospective client. The operator then transfers the call to the law office, remaining on line until it is accepted, then hangs up. The telephone interview is performed exclusively by the law office and the advertising service plays no part in the attorney's decision regarding whether to accept the client. A flat monthly fee is charged for the service. The advertising service guarantees that a minimum number of calls will be forwarded. May Attorney participate? ANSWER: The program in which Attorney proposes participating is a lawyer referral service. Under Rule 4-7.2(c)(3), Attorney may participate in a lawyer referral service only if it is a qualified service registered under Rule 10.1. Rule 10.1 and the current version of Rule 7.2 became effective on January 1, 1996.

QUESTION: Attorney´s firm sends out a newsletter several times a year to present clients, former clients, non-clients who have asked to receive the newsletter and prospective clients. The newsletter summarizes recent cases or new developments in the law that may be of interest to those on the mailing list. Is the newsletter advertising under Rule 4-7.2? Is the "ADVERTISING" disclaimer required? ANSWER: The newsletter is advertising under Rule 4-7.2. If the newsletter is directed to an individual prospective client or an individual in a situation similar to one covered by the text, it would be considered solicitation for purposes of Rule 4-7.3. The "contingent fee" disclaimer would have to be included, if a newsletter indicates, in any way, that the firm will accept cases on a contingent fee basis. Unless Attorney intends to evaluate the list of addresses prior to each mailing to determine that no addressee is in a situation covered by Rule 4-7.3, Attorney should include the "ADVERTISING" disclaimer mandated by that Rule.

QUESTION: Attorney would participate in a program in which Attorney would pay a certain amount to a for profit company that would refer to Attorney clients who call an 800 number. May Attorney participate in this program? ANSWER: Attorney´s participation in the program would violate Rule 4-7.2(c).

QUESTION: Attorney asks about participating in a credit card program which refers customers to member merchants. The member merchant pays a fee of twenty percent for participation. ANSWER: Based upon the information provided, Attorney would violate Rules 4-5.4(a) and 4-7.2(c), as a participating merchant in the program. Rule 4-5.4(a) prohibits fee splitting with a non-lawyer and Rule 4-7.2(c) prohibits an attorney from giving anything of value in exchange for a referral.

QUESTION: Attorney would like to establish a program in which Attorney would credit a client a small amount if that client refers a new client to Attorney. ANSWER: The program described would violate Rule 4-7.2(c), which prohibits a lawyer from giving anything of value in exchange for recommending the lawyer´s services.

QUESTION: A life insurance agent advertises to get individuals to attend an estate planning seminar. Attorney makes a presentation at the seminar on estate planning. The life insurance agent makes a presentation on life insurance. What duty does Attorney have with regard to monitoring or directing the content of the life insurance agent´s advertising? May Attorney hire the life insurance agent for the purpose of assisting a client in funding a living trust? ANSWER: Before participating in the seminar, Attorney has a duty to ascertain that the insurance agent´s advertising is not false, misleading or deceptive. Hiring the insurance agent, for the purpose indicated, would not involve an ethical violation as long as the client is fully informed of the relationship and consents, the agents duties are limited to non-legal responsibilities, and the agent does not engage in any other activity that the attorney would be prohibited from engaging in under the Rules of Professional Conduct.

QUESTION: May Attorney pay a not-for-profit attorney referral service a fee which is a percentage of the attorney´s fees collected on a case referred to Attorney by that referral service? ANSWER: Yes, Rule 4-7.2(c) authorizes payment of "the usual charges of a not-for-profit lawyer referral service or other legal service organization."

QUESTION: May the law firm display the firm´s initials on signs, napkins, cups, business cards, stationery, etc.? ANSWER: Yes.

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 proposes to send a general newsletter to clients and prospective clients. The newsletter would be informative in nature and summarize current changes in the law. Is this advertising under Rules 4-7.2 and 4-7.3? ANSWER: The newsletters would be advertising under Rule 4-7.2. Unless the newsletters dealt with an individual prospective client or an individual situation involving a prospective client, they would not be considered advertising for purposes of Rule 4-7.3. The "contingent fee" disclaimer would have to be included, if applicable. The "advertising" disclaimer would not be necessary unless the newsletters were targeted.

QUESTION: Attorney represents clients on a contingent fee basis in cases, including Social Security cases. Social Security law prohibits attorneys from seeking reimbursement of expenses when there is no recovery. (1) Does Attorney have to include the disclaimer language of the new version of Rule 4-7.2 in advertisements or will a statement regarding the provision of Social Security law suffice? (2) May attorney further explain in the advertisement that the Rule 4-7.2 disclaimer is required but that Attorney´s clients will not be responsible for expenses if they are not successful? ANSWER: (1) The disclaimer required by Rule 4-7.2 must be included in Attorney´s advertisements despite the fact that Attorney will not hold the client responsible for these expenses. Attorney may, additionally, include a statement regarding the provision of Social Security law. (2) Yes.

QUESTION: A financial planner will make referrals to Attorney. Attorney will not give anything of value to the financial planner for the referrals. The financial planner offers to have Attorney call the client. ANSWER: The referral does not create a problem under Rule 4-7.2(c). Under Rule 4-7.3(b), after the financial planner makes the referral to Attorney, the client should initiate the contact with Attorney.

QUESTION: Attorney submits several types of advertising materials and asks whether they fall within the provisions of the new versions of Rules 4-7.2 and 4-7.3. The materials submitted include an announcement, brochures regarding seminars, cover letters with brochures, newsletters and firm resumes. Attorney also asks whether letters describing the attorneys and the firm that are sent at the request of the prospective client fall within these rules. ANSWER: All of the materials submitted are advertising materials and fall within the provisions of either Rule 4-7.2 or 4-7.3. If any of these materials contain language indicating that cases will be accepted on a contingent fee basis, they would have to include the applicable disclaimer. The materials submitted would not fall within the solicitation rule (Rule 4-7.3) and would not require the "ADVERTISING" disclaimer unless the recipient is a "person known to need legal services of the kind provided by the lawyer in a particular matter." Information sent at the request of a prospective client does not fall within the advertising rules.

QUESTION: Attorney has written a book for the public regarding a legal subject. Attorney plans to send a letter to individuals offering the book for free. Is the letter or the actual distribution of the book advertising? Must the letter include the "advertising" disclaimer in the new version of the solicitation rule (Rule 4-7.3)? ANSWER: Both are advertising. The disclaimer need not be included unless they are sent to "persons known to need legal services of the kind provided by the lawyer in a particular matter" within the meaning of Rule 4-7.3(a).

QUESTION: Attorney wishes to be listed in a directory published by an association of businesses. The directory will identify Attorney´s area(s) of practice but will not indicate that these are specialties. Attorney will pay for the listing but the listing will not indicate endorsement by the association. ANSWER: The format is acceptable. Acceptability of content will depend on each attorney´s advertisement.

QUESTION: (1) Must Attorney include the disclaimer language in the new versions of Rules 4-7.2 and 4-7.3 regarding contingent fee cases even if Attorney never charges costs or expenses to the client if the case is lost? (2) If Attorney must include the disclaimer, may Attorney also explain that the disclaimer is required but Attorney will not charge costs and expenses? ANSWER: (1) Yes. (2) Yes.

QUESTION: Attorney has been asked to provide a testimonial for a person in another business. Attorney has had a few dealings with this person but has never been a customer or client of this person. Attorney will not have any control over how the testimonial is used. Attorney hopes this person will refer clients to Attorney if Attorney gives the testimonial. ANSWER: Because of the potential for this communication to be misleading, it may violate Rule 4-8.4(c). The danger is particularly acute in a situation such as this in which Attorney has no control over the manner in which the statements are used. Additionally, this situation would involve giving something of value for referrals in violation of Rule 4-7.2(c).

QUESTION 1: Must Attorney make a determination of the recipient´s mental state for radio and television advertising as is required of targeted direct mail advertising? ANSWER: The determination of mental state is required by Rule 4-7.3(c) for targeted mailings under Rule 4-7.3(a) and in person solicitation (when in person solicitation is permitted by Rule 4-7.3(b)). General advertising is governed by Rule 7.2 which does not contain this requirement. QUESTION 2: Attorney represents an insurance company. May Attorney directly contact the opposing party to negotiate settlement? ANSWER: Regardless of whom Attorney represents, Rule 4-4.2 prohibits direct contact with a represented person regarding the subject of the representation.

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: Question 1. May Attorney and a financial planner have an agreement that they will recommend each other if no exchange of fees is involved? Question 2. May Attorney generally distribute cards and imprinted pens through Welcome Wagon baskets? ANSWER: Question 1. Not if Attorney and financial planner agree to recommend each other exclusively. This kind of exclusive arrangement would involve giving something of value in exchange for referrals in violation of Rule 4-7.2(c). It would also involve personal solicitation in violation of Rule 4-7.3(b). However, if each merely expresses a willingness to accept referrals without any obligation on the part of either person, no violation would occur. Question 2. Yes.

QUESTION: Attorney has questions about several situations. (1) Client would obtain trust documents from a company which customizes them for client´s financial advisor firm. Attorney would review the document and approve it or suggest changes. (2) Attorney would be employed by the financial advisor firm and draft wills and trusts for its clients. (3) Financial advisor firm refers clients to Attorney just as any friend or former client might. (4) The financial advisor company would advertise that it has an attorney to handle certain matters for its clients. (5) Financial advisor company sets up a legal department to handle the legal affairs of the company and the company´s clients. ANSWER: (1) This raises concerns that Attorney would be assisting in the unauthorized practice of law in violation of Rule 5.5. Other problems may be raised if more details were provided. (2) This would involve assisting the unauthorized practice of law. There may be violations of Rule 7.3(b) regarding in person solicitation. There could be other problems depending on the specifics. (3) Referrals are acceptable as long as that is all that´s involved. No relationship other than that of attorney and client should exist. Rule 7.2(c) prohibits a lawyer from giving anything of value in exchange for a referral. (4) This would involve assisting the unauthorized practice of law. (5) This would be the unauthorized practice of law.

QUESTION: Attorney would hire a marketing firm to market the attorney´s services, generally, and specifically directed to a certain occupation. The marketing firm would be paid a set fee per month and would be paid an additional per call fee on calls received each month related to the marketing efforts. The per call fee would be paid regardless of whether Attorney receives any legal business from the call. ANSWER: This proposal would not violate the Rules of Professional Conduct as long as there is no direct personal or telephone solicitation.

QUESTION: May attorneys participate in a legal newspaper´s program in which the attorney sponsors distribution of the newspaper to students for educational purposes and receives some advertising as a part of the program. ANSWER: Yes.

QUESTION: Attorney enters into a relationship with a company which makes the initial contact with individuals regarding possible estate planning. Estate planning documents are drafted by a lawyer employed by the company outside Missouri. The documents and data are delivered to the attorney for review. The documents are delivered to the individual by a representative of the corporation. ANSWER: The question does not provide enough specific information for an opinion. However, a number of rules may be involved depending on the exact nature of the relationships and procedures followed. These include: Rule 1.7(b), Conflict of Interest: General Rule; Rule 5.4, Professional Independence of a Lawyer; Rule 5.5, Unauthorized Practice of Law; Rule 7.2(c) Advertising; and Rule 7.3(b), Direct Contact with Prospective Clients.

QUESTION: May attorney enter into a relationship with insurance agents related to estate planning for clients of the insurance agents? ANSWER: If the insurance agents are ONLY identifying a potential need for legal estate planning work and informing the client of their belief that the client would benefit from legal advice, it would not constitute the unauthorized practice of law. No further opinion can be given without specific details of the proposed arrangement.

QUESTION: (1) May a lawyer enter into a direct contractual relationship with a potential client where the lawyer agrees to provide certain specifically delineated legal services in return for payment of a regular monthly retainer? (2) If yes, may a lawyer hire direct employees or contract with an independent contractor to promote, market, and sell the plan? (3) May an employee be compensated with a salary and receive bonuses based on performance? (4) May an independent contractor be used and paid on a flat fee or commission basis? ANSWER: The answer to all questions is yes. Neither an employee nor an independent contractor may be paid on the basis of the amount of fees paid to the attorney or billed by the attorney for legal services. That conduct would violate Rule 5.4, fee splitting with a non-lawyer.