Missouri Bar Rule 4-7.3:
Attorney Direct Mail Solicitation Guide
A practical guide to what's permitted, what's required, and how to stay compliant when sending solicitation letters to defendants in Missouri.
Last updated: March 2026
What Is Missouri Bar Rule 4-7.3?
Missouri Bar Rule 4-7.3 is the rule issued by the Missouri Supreme Court that governs how attorneys may solicit legal business from prospective clients. The rule distinguishes between in-person solicitation (which is generally prohibited) and written solicitation (which is permitted under specific conditions).
For criminal defense attorneys who use direct mail to reach defendants with new charges, Rule 4-7.3 is the governing framework. Understanding and following this rule is essential for any attorney using lead generation services or sending solicitation letters in Missouri.
What Is Permitted Under Rule 4-7.3?
Missouri Bar Rule 4-7.3 permits attorneys to send written solicitations (letters, emails) to persons who are known to need legal services. This means that if a defendant has been charged with a crime in a Missouri court, an attorney may send them a letter offering legal representation.
This right is constitutionally protected. The U.S. Supreme Court has held that attorney advertising and written solicitation are forms of commercial speech protected by the First Amendment, provided they are not misleading or deceptive.
Key Point
Written solicitation to defendants is legal in Missouri. The rule is designed to ensure transparency and protect consumers — not to prevent attorneys from reaching potential clients.
What Is Prohibited?
Rule 4-7.3(a) prohibits attorneys from initiating in-person, telephone, or real-time electronic solicitation of legal business in most circumstances. Exceptions include interactions with existing or former clients, other lawyers, close friends, or family members.
The rule also prohibits any solicitation that involves:
- Coercion, duress, or harassment — the prospective client must not be pressured into hiring the attorney
- Misleading or deceptive statements — all claims in the solicitation must be truthful and verifiable
- Undisclosed solicitation — the attorney must reveal how they obtained the information that prompted the contact
Requirements for Compliant Direct Mail
To comply with Rule 4-7.3, attorney solicitation letters must meet several specific requirements:
1. Advertising Disclosure
Every solicitation letter must be clearly marked as advertising. The word "ADVERTISING" or "ADVERTISEMENT" should appear prominently on the envelope and at the top of the letter.
2. Source Disclosure
The letter must disclose how the attorney obtained the defendant's information. For court filing leads, this typically means stating that the information came from public court records.
3. Two-Year Archival
Attorneys must retain copies of all solicitation letters and a record of all recipients for a minimum of two years. This archival requirement helps the Missouri Bar investigate any complaints.
4. Truthful Content
All statements in the solicitation must be truthful and not misleading. Claims about the attorney's experience, results, or fees must be accurate and verifiable.
5. No Guaranteed Outcomes
Letters should not promise or imply specific legal outcomes. Language like "we will get your charges dropped" is prohibited — instead, attorneys should offer to discuss the case.
How Legal Leads Helps You Stay Compliant
Legal Leads LLC was built with Missouri Bar compliance in mind from day one. Here's how our platform supports Rule 4-7.3 compliance:
- 2-year archival — all lead data is automatically archived in our cloud portal for the required retention period
- Public record sourcing — all leads are sourced from public Missouri court filings, providing a clear and disclosed information source
- Mail-merge templates — our letter templates include the required advertising disclaimers and source disclosures
- Conflict filtering — automatically excludes parties on your conflict list, reducing the risk of inappropriate contact
- 13+ years of experience — we've been serving Missouri attorneys since 2013 and understand the compliance landscape
Important Disclaimer
This guide is provided for informational purposes only and does not constitute legal advice. Missouri Bar rules may be updated over time. Attorneys are responsible for ensuring their own compliance with current rules and should consult the Missouri Bar Association or their own legal counsel for specific compliance questions.
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