QUESTION: Is it permissible for Attorney to include "Certification is by the American Board of Certification and is accredited by the American Bar Association," along with the required disclaimer, to his advertisement in the telephone directory?

ANSWER: If Attorney is adding the proposed language to the advertisement and keeping the disclaimer required by Rule 4-7.4, it is permissible to add the proposed language as long as the proposed language is in a font that is no larger nor otherwise more conspicuous than the Rule 4-7.4 disclaimer.

QUESTION: Is it permissible for a law firm in which every member of the firm is involved in civil or workers' compensation litigation to use the phrase "trial lawyers" on its letterhead? ANSWER: It is permissible for Attorney to use the term "trial lawyers" to describe Attorney's practice. If Attorney states or implies that Attorney specializes or is certified, Attorney must include the disclaimer required by Rule 4-7.4.

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: 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 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.

QUESTION: Attorney is considering hiring a Professional Employer Organization. Employees would be hired by the organization and leased back to Attorney. This would allow Attorney to provide benefits that Attorney could not otherwise provide. Attorney would maintain complete supervisory control over the daily activities and responsibilities of the leased back employees. The only power Attorney could not exercise is the right to unilaterally terminate or discipline an employee. Would an arrangement like this be allowed under the Rules of Professional Conduct? ANSWER: Under the circumstances Attorney has described, the proposed arrangement for nonlawyer staff would create a situation in which Attorney could not fulfill the requirements of Rule 4-5.3. It would be necessary for Attorney´s firm to have unilateral authority to terminate or discipline an employee for violating an obligation under the Rules of Professional Conduct. Attorney would not need the authority to terminate their employment by the professional employer organization, but Attorney would need the authority to discipline or unilaterally terminate the lease back of an employee. As proposed, the arrangement would violate Rules 4-5.4 and 4-5.5.

QUESTION: A national association of attorneys would like to place its membership directory on its internet site. The directory would list the names, addresses, telephone and fax numbers and e-mail address of each member by state. There will be a separate listing of members under various practice sections. There will also be other categories of members. Are there any limitations as to what information can be placed on the association´s website? Is there specific disclaimer language required? ANSWER: The information described may be included, as long as it is truthful, without violating Supreme Court Rule 4. Any information which states or implies specialization, or a higher level of competence in a particular area, triggers the disclaimer requirement of Rule 4-7.4, unless 4-7.4(a) or (b) apply. Information regarding board certifications would trigger this disclaimer. Information regarding honors, memberships and areas of practice might trigger the disclaimer, depending on the specific content and wording.

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 plans to take the certification test pertaining to the National Board of Trial Advocacy. In the event Attorney passes and is certified in the area of civil litigation, may Attorney note on the firm letterhead that Attorney is a member of the National Board of Trial Advocacy and is certified? Must a disclaimer be added to the letterhead? ANSWER: Attorney may include the certification on firm letterhead, but to do so triggers the requirement of Rule 4-7.4 to include a disclaimer that neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations.

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 has received a certification in a specific area of law from a national certifying body. Attorney would like to send an announcement of this to bar association publications as well as a press release to the local newspaper. Attorney also plans to include a reference to the certification on business cards and letterhead. Must Attorney include the disclaimer language of Rule 4-7.4? Is there a size requirement on the disclaimer? ANSWER: It is not necessary to include the disclaimer language when Attorney is simply sending an announcement to a bar publication. However, Rule 4-7.4 requires that the disclaimer be included with the press release. It will also be necessary to include the disclaimer on business cards, letterhead, etc., if Attorney includes reference to the certification. The disclaimer should be in the same size type as the information about the certification.

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´s firm will distribute a firm brochure which includes inserts about various attorneys in the firm. Some of the inserts indicate that the attorney "specializes" in a particular area. Will it comply with Rule 4-7.4 if the disclaimer is placed on the outside jacket of the brochure or the insert related to the firm as a whole? ANSWER: Attorney´s firm will be in compliance with Rule 4-7.4 of Supreme Court Rule 4, the Rules of Professional Conduct, if the language from that rule is included on the outside jacket or the "firm" insert. However, if any of the information sheets about the individual attorneys are ever used or distributed individually, the disclaimer language must be on or with the information sheet.

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: 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 leaving the firm. Attorney has two letters drafted to send to clients. One letter for clients Attorney cannot represent further because of conflicts in the new firm. The other letter gives clients the choice of going with Attorney, staying with old firm or choosing other representation. This letter indicates that Attorney is going with a new firm "specializing in" the same area of law. ANSWER: The letters do not violate the rules. However, either the words "specializing in" must be deleted or the Rule 4-7.4 disclaimer must be included. The words "practicing in" or other words which do not state or imply specialization could be used instead. The name of the new firm should be included in the letter which offers the option to go with Attorney to the new firm.

QUESTION: May attorney indicate on letterhead that attorney is certified by the National Board of Trial Advocacy? ANSWER: Yes, if attorney includes the disclaimer in Rule 7.4 that "neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations."

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: Attorney wishes to be cautious but would like to include academic degrees and practice areas on letterhead. ANSWER: The letterhead, taken as a whole would imply specialization. Words modifying the practice areas such as "practice limited to" or "practice emphasizing" would be an alternative to the disclaimer required by Rule 7.4.

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.