The Missouri Supreme Court has recently approved changes to the advertising and marketing rules for Missouri lawyers.
Unfortunately, despite efforts made to clarify the rules, I find the rules impossible to interpret or to understand how they are intended to apply to my website and blog.
Although I maintain that my blogs and website are not intended to be and are not an “advertisement” or “solicitation” for legal services, I have determined that my only option is to load up my website and this blog with the disclaimer language that seems to be required under this new rule.
Until I get further guidance on how to comply with the new rules, my best guess is that I must include the following language on my website.
REQUIRED STATEMENTS UNDER MISSOURI SUPREME COURT RULES IF THIS WEBSITE OR ANY PORTION OF IT IS DEEMED TO BE AN ADVERTISEMENT OR SOLICITATION. This website is not intended to be an advertisement or solicitation for my legal services. However, under recent changes in Missouri Rules, it may be deemed to be so, despite my intention. Therefore, the following statements may be required on this website and I have included them in order to be in full compliance with these rules. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of me (us). The exact nature of your legal situation will depend on many facts not known to me (us) at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.
For a story about this new rule, please read .
The money quote from that article:
Levison said it was unclear how this rule will be carried out.
That is quite an understatement. I simply do not understand changing rules in ways that make it clear how you should comply with them. I’m trying to do my best and I hope that will be taken into account.
I believe that these rule changes will become textbook cases for the law of unintended consequences and I fervently hope that, as advertised, they are intended to address specific concerns related to television commercials and litigation practices and not as traps for the unwary.
[Originally posted on DennisKennedy.Blog (]
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