HB 2382 -- Regulation of Attorney Advertising

Sponsor:  Stevenson

This bill regulates television advertising by attorneys and
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 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 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
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm