SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES STEVENSON (Sponsor), RUESTMAN, MEINERS AND NASHEED (Co-sponsors).
Read 1st time March 10, 2008 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 484, RSMo, by adding thereto one new section relating to deceptive television advertisements for legal services.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 484, RSMo, is amended by adding thereto one new section, to be known as section 484.300, to read as follows:
484.300. 1. Any lawyer, law firm, or other entity conducting television advertising in Missouri for legal services shall abide by the provisions of this section to prevent false or misleading television advertisements.
2. No television advertisement for legal services shall contain a false or misleading communication about the lawyer, law firm, or the legal services. A communication shall be false if it contains a material misrepresentation of fact or law. Misleading communications include but are not limited to the following conditions:
(1) Omits a fact which leads the statement, when considered as a whole, to be materially misleading;
(2) Is likely to create an unjustified expectation about results the lawyer can achieve;
(3) States or implies that the lawyer can achieve results by means that violate the Missouri Supreme Court Rules of Professional Conduct, or other rules or laws;
(4) Compares the quality of a lawyer's or a law firm's services with services of another lawyer or law firm, unless the comparison can be factually substantiated;
(5) Advertises for a specific type of case concerning which the lawyer has neither experience nor competence;
(6) Contains any paid testimonial about or endorsement of the lawyer, without conspicuous identification of the fact that the payment has been made for the testimonial or endorsement;
(7) Contains any simulated portrayal of a lawyer, client, victim, scene, or event without conspicuous identification of the fact that it is a simulation;
(8) Provides an office address for an office staffed only part-time or by appointment only; or
(9) 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.
3. Any television advertisement for legal services shall contain the following language both stated orally and stated in writing: "Warning: The Missouri Supreme Court cautions that the choice of a lawyer is an important decision and should not be based solely upon advertisements.". The written disclaimer shall be displayed for at least ten seconds at both the beginning and the end of the advertisement, and orally stated once at the beginning and once at the end of the advertisement. The statement shall be made in a type size and manner that is reasonably legible to persons watching and sounded audibly in a clear and understandable manner to persons listening to the advertisement.
4. If any advertiser of legal services routinely refers cases acquired by television advertising to lawyers not employed by the lawyer, law firm, or entity whose name appears prominently on the advertisement, then the advertisement shall display in writing and state orally the following: "Warning: Your case may be referred for handling to lawyers or law firms that are not employed by the (stating name of advertising law firm) law firm.". This statement shall be made in a type size and manner that is reasonably legible to persons watching and sounded audibly in a clear and understandable manner to persons listening to the advertisement.
5. (1) If a television advertisement for legal services includes amounts of particular past verdicts or settlements, then the full case name, and a complete, fair and accurate description of the case shall be included in the advertisement. Specific consent of the former client is necessary for each television advertisement and the advertisement shall prominently display and orally state the name of the actual lawyer who completed the majority of the legal work on the case. This statement shall be made in a type size and manner that is reasonably legible to persons watching and sounded audibly in a clear and understandable manner to persons listening to the advertisement.
(2) If prior verdicts or settlements are referenced in a television advertisement, the following disclaimer shall be displayed in writing and orally stated: "Warning: Past verdicts or settlement amounts are not an indication that the advertiser can achieve similar results for you or that you have a valid claim.". This statement shall be made in a type size and manner that is reasonably legible to persons watching and sounded audibly in a clear and understandable manner to persons listening to the advertisement.
(3) It shall be false or misleading advertising and a violation of this section for a television advertisement to state a combined dollar amount or aggregate amount that an advertiser of legal services claims to have achieved, including by way of example but not by way of limitation, "our firm has collected over a billion dollars for our clients".
6. Any lawyer, law firm, or other entity conducting television advertising in Missouri for legal services shall display in writing and state orally the location of the principal office of the lawyer, law firm, or entity sponsoring the advertisement. If the principal domicile of the lawyer, law firm, or entity advertising legal services is not in Missouri, the advertisement shall clearly indicate in writing and state orally that the lawyer, law firm, or entity does not have a license to practice law in Missouri, and shall specifically state the name of the lawyer or lawyers licensed to practice law and actively practicing law in Missouri who will participate in all cases obtained through use of the advertisement. The statements required by this subsection shall be made in a type size and manner that is reasonably legible to persons watching and sounded audibly in a clear and understandable manner to persons listening to the advertisement.
7. A lawyer, law firm, or entity shall not, directly or indirectly, pay all or a part of the cost of a television advertisement for legal services unless such advertisement discloses the name and address of such financing party, the relationship between the advertising party and the financing party, and whether the advertising party is likely to refer cases received through the advertisement to the financing party.
8. The only entities or organizations that are authorized to advertise on television as a lawyer referral and information service and refer potential clients or cases to lawyers or law firms shall be qualified lawyer referral services as defined by Rule 4-9.1 of the Missouri Supreme Court Rules of Professional Conduct.
9. Any person who views television advertising that violates this section may bring a civil action against the lawyer, law firm or entity sponsoring the advertising for injunctive relief and damages of one thousand dollars for each violation contained in the advertisement and for each time the advertisement is played, and may recover the expenses and costs of litigation, including expert witness fees and attorneys' fees.
10. The provisions of this section shall not apply to advertising done by a qualified lawyer referral service as defined by Rule 4-9.1 of the Missouri Supreme Court Rules of Professional Conduct.
11. This section shall not apply to circumstances in which the name of a lawyer or law firm appears on a television advertisement solely as a donor or sponsor for a charitable or community cause.
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