HB 180 -- Deceptive Television Advertisements for Legal Services

Sponsor:  Stevenson

This bill prohibits television advertisements for legal services
from containing a false or misleading communication about an
attorney, a law firm, or the legal services.  Misleading
communications include:

(1)  Omitting a fact which leads the statement, when considered
as a whole, to be materially misleading;

(2)  Creating unjustified expectations about the results which
the attorney can achieve;

(3)  Stating or implying that the attorney can achieve results by
means that violate the Missouri Supreme Court Rules of
Professional Conduct or other rules or laws;

(4)  Comparing the quality of an attorney's or a law firm's
services with the services of another attorney or law firm,
unless the comparison can be factually substantiated;

(5)  Advertising for a specific type of case about which the
attorney has neither experience nor competence;

(6)  Providing any simulated portrayal of an attorney, client, or
event without conspicuous identification of the fact that it is a
simulation;

(7)  Providing any paid testimonial about the attorney without
conspicuous disclosure;

(8)  Providing an address for an office staffed only part-time or
by appointment only; or

(9)  Stating 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 bill also requires any television advertisement for legal
services to contain specified language stating various
disclaimers regarding the hiring of attorneys.  Any person who
views a television advertisement that violates these provisions
may bring a civil action against the attorney or law firm
sponsoring the advertisement for injunctive relief and damages of
$1,000 for each violation contained in the advertisement and for
each time it is played.  The person may also recover the expenses
and costs of litigation including expert witness fees and
attorney fees.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am