Missouri revises legal ad regulations

Three of the five Missouri Supreme Court rules that govern attorney advertising were revised Sept. 19 in an effort to clarify the ethical foundation on which they stand.

“They’re intended to protect the integrity of the profession,” said Crista Hogan, executive director of the Springfield Metropolitan Bar Association.

Changes to rules 4-1.1 through 4-7.3 address false and misleading advertising, general advertising practices and solicitation.

Winning experiences

Lawyers have commonly touted past case victories and experiences in their advertisements. Revised rules prohibit advertising a field of practice that an attorney isn’t experienced in; they also prohibit advertising a field of practice if an attorney usually refers clients to a colleague in that field.

While Hogan said some of the rules use very specific language, others remain vague.

“It’s still somewhat subjective,” she said.

Springfield-based attorney Brad Bradshaw emphasizes past results and experience in his advertisements.

Bradshaw said the rule changes haven’t impacted his advertisements, and that they should even require attorneys to include experience in their advertisements.

“I think they probably need to go a little farther,” he said.

Broadcast advice

Another change deals with legal advice on radio or TV.

An attorney who gives legal advice during a live newscast must conspicuously disclose any compensation paid to the broadcaster in order to avoid confusion between promotion and real news.

Perhaps the most well-known local attorney on the airwaves is attorney Aaron Sachs, who has given legal advice during his “Legally Speaking” segments on ABC affiliates KSPR in Springfield and KODE in Joplin. Sachs and station representatives did not return calls seeking comment regarding what, if any, compensation Sachs pays for the airtime.

Important choice

Lawyers also must now include the phrase “The choice of a lawyer is an important decision and should not be based solely on advertisements” in all forms of written and verbal advertisements.

Gary Green, who has law offices in Springfield; Little Rock, Ark.; Memphis, Tenn.; and Austin, Texas, is one of a few attorneys that had already included that statement in advertisements.

Even though he anticipated the change, he said he wasn’t a fan of the rule.

“I … think that it’s silly to have to put something like that in there,” Green said. “I think that any reasonable person would know that the choice of a lawyer is an important decision.”

Hogan said solicitation rules have gotten more strict.

Attorneys may only solicit existing or former clients, another lawyer, a close friend or a relative.

The solicitation rules wouldn’t prohibit an attorney from discussing their practice at a business or social event, but they would prohibit lawyers from preying on potential clients during moments of distress.

“You can’t be an opportunist and waltz up in the midst of a terrible accident and solicit when people are not in the appropriate condition to (choose a lawyer),” Hogan said.

While the rule changes are significant, they aren’t unusual.

Hogan said the SMBA didn’t hold a seminar to specifically address the rule changes in advertising but did address them during a general ethics seminar in October.

“Our rules of professional responsibility change subtly (every year),” she said. [[In-content Ad]]