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Lawyers advertising in all states are governed usually by that states bar association and/or the highest court of that state. In Missouri, there are thousands of actively practicing lawyers. They are governed by Rules of Professional Conduct and they must maintain an active membership in the Missouri State Bar. The Missouri Bar was created in 1944 by order of the Supreme Court of Missouri. Its mission is to improve the legal profession, the administration of justice, and law. Through educational programs, publications, and more, The Missouri Bar serves as a valuable resource for members—and for the citizens of Missouri.
This site is an advertising site for the area of personal injury. Personal injury actually covers many different practice areas. In addition to practice areas, personal injury also covers "types" of injuries. For example, there are lawyers that like to practice only brain injury cases, or burn injury cases or spinal cord injury cases. As you can see, these are not really "areas of law", they have to do with types of injuries. However, if a lawyer only handled spinal cord injuries for the last ten years, don't you think they would have some "special" knowledge about those types of injuries? Of course, the answer is yes.
The problem is when a lawyer holds them self out as a "specialist" and whether "holding out" somehow implies they are 'better" or 'smarter" or "tougher" than another lawyer. Some states, have tried to resolve this by adopting a specialization program. However, Missouri, to date, has not offered to its members a specialty or certification program in personal injury.
Missouri's Supreme Court governs lawyer advertising with 4.7.1:
4-7.1. Communication Concerning a Lawyer's Services
A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false if it contains a material misrepresentation of fact or law. A communication is misleading if it:
(a) omits a fact as a result of which the statement considered as a whole is materially misleading;
(b) is likely to create an unjustified expectation about results the lawyer can achieve;
(c) proclaims results obtained on behalf of clients, such as the amount of a damage award or the lawyer's record in obtaining favorable verdicts or settlements, without stating that past results afford no guarantee of future results and that every case is different and must be judged on its own merits;
(d) states or implies that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law;
(e) compares the quality of a lawyer's or a law firm's services with other lawyers' services, unless the comparison can be factually substantiated;
(f) advertises for a specific type of case concerning which the lawyer has neither experience nor competence;
(g) indicates an area of practice in which the lawyer routinely refers matters to other lawyers, without conspicuous identification of such fact;
(h) contains any paid testimonial about or endorsement of the lawyer, without conspicuous identification of the fact that payment has been made for the testimonial or endorsement;
(i) contains any simulated portrayal of a lawyer, client, victim, scene, or event without conspicuous identification of the fact that it is a simulation;
(j) provides an office address for an office staffed only part-time or by appointment only, without conspicuous identification of such fact; or
(k) states that legal services are available on a contingent or no-recovery-no-fee basis without stating conspicuously that the client may be responsible for costs or expenses, if that is the case.
The presumptions that statements are misleading contained in Rule 4-7.1(c), (g), (h), and (k) shall not apply to a not-for-profit organization funded in whole or in part by the Legal Services Corporation established by 42 U.S.C. section 2996(b) or to pro bono services provided free of charge by a not-for-profit organization, a court-annexed program, a bar association, or an accredited law school.
Missouri Supreme Court Rule 4-7.1 above does not quite answer whether a lawyer can say that he/she is a specialist. For this answer, we must look at 4-7.4.
4-7.4 Communication of Fields of Practice and Specialization
A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. Any such communication shall conform to the requirements of Rule 4-7.1. Except as provided in Rule 4-7.4(a) and (b), a lawyer shall not state or imply that the lawyer is a specialist unless the communication contains a disclaimer that neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations.
(a) A lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation “patent attorney” or a substantially similar designation;
(b) A lawyer engaged in admiralty practice may use the designation “admiralty,” “proctor in admiralty” or a substantially similar designation.
Thus, a lawyer can say the following:
"I am lawyer and my name is John Doe and I am a Civil Trial Law Specialist. Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations." See Missouri Bar Informal Legal Opinion Number: 970110 - Rule Number: 7.4 |
DotCO Law Marketing, L.L.C. has taken every effort to create an advertising web site that is informative and is professional.
It does not endorse any lawyer on it and urges anyone looking to employ the services of a lawyer to do their due diligence in determining "who" or "what firm" to retain.
If a Missouri lawyer holds a certification or specialization as a Civil Trial Specialist from an entity that is approved by the American Bar Association, and he/she, or in the case of a law firm, it wishes to exclusively advertise on a full page on this site, subject to the Terms & Conditions of Sale and the Terms & Conditions of this web site, DotCO will permit that to occur. Of course, the required disclaimers will be prominently displayed.
Serving clients throughout Eastern Missouri, including Affton, Alton, Ballwin, Belleville, Cape Girardeau, Carbondale, Charleston, Chesterfield, Collinsville, Columbia, Dardenne, East St. Louis, Edwardsville, Ellisville, Eureka, Ferguson, Florissant, Granite City, Jefferson City, Kirkwood, Lake St. Louis, Maryland Heights, Mehlville, Murphy, Oakville, O'Fallon, Quincy, Spanish Lake, Springfield, St. Ann, St. Charles, St. John, St. Louis, St. Paul, St. Peters, Troy, University City, Waterloo, Webster Grove, Weldon Spring, Wildwood, areas in the vicinity of BNSF-St. Louis, Boeing, CSX-East St. Louis, Ford Motor Assembly Plant, Lambert-St. Louis International Airport, NS-St. Louis, Scott Air Force Base, Spirit of St. Louis Airport, UP-St. Louis, and other communities in St. Charles County.