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The “Choice of a Lawyer” Disclaimer in the Age of TikTok: Navigating Missouri Rule 4-7.1

When Visibility, Credibility, and Compliance Collide — As Clients Scroll Faster Than Ever.
December 26, 2025 by
The “Choice of a Lawyer” Disclaimer in the Age of TikTok: Navigating Missouri Rule 4-7.1
Dr. Liz Bayer PhD

There’s a specific moment of panic every modern lawyer recognizes.

You just filmed a short video—maybe a TikTok explaining what to do after a car accident, or an Instagram Reel answering a common workers’ comp question.

It feels helpful. It feels human. It feels approachable.

Then, just before you hit "post," a thought stops you cold:

“Do I need to put the disclaimer on this?”

Welcome to the crossroads of storytelling and regulation—where Missouri Rule 4-7.1 meets the age of the algorithm.

You aren’t just trying to "get views." You are hiring social media to do a job: to build trust at scale without jeopardizing the license you worked years to earn.

This isn’t just a compliance issue. It’s a trust issue. And in today’s attention economy, trust is the only currency that matters.

Does Missouri Rule 4-7.1 apply to social media posts?

Short Answer: Yes—if the content functions as advertising.

The Context: Missouri Rule 4-7.1 is not designed to silence lawyers; it is designed to protect the public. The rule prevents confusion, false expectations, or promises that sound too good to be true—especially when the viewer is vulnerable and actively searching for help.

Social media blurs the traditional lines between:

  • Education: "Here is how the law works."
  • Branding: "Here is who I am."
  • Advertising: "Here is why you should hire me."

A single 60-second video can be all three.

If your social media post describes legal services, encourages a specific action (like calling the firm), or positions you as the solution to a legal problem, the Missouri Bar and ethics counsel generally view it as advertising. This applies even if the tone is casual, funny, or conversational.

The Tension: You want to be helpful without getting flagged.

This is where intentional messaging matters more than sheer volume. You need a strategy that separates "informative content" from "commercial solicitation."

Related Reading: AI Didn’t Break Marketing: It Exposed It

Where do I put the “Choice of a Lawyer” disclaimer on Instagram Reels?

This is where legal theory crashes into digital reality.

Missouri Rule 4-7.2(f) requires the specific phrase: "The choice of a lawyer is an important decision and should not be based solely upon advertisements."

However, Instagram Reels offer limited screen real estate, and the platform’s interface (captions, buttons, progress bars) often obscures text at the bottom of the screen.

Best Practice Approaches for Reels:

  1. The "Safe Zone" Overlay: Place the disclaimer as on-screen text in the bottom 20% of the video, but ensure it is high enough to avoid being covered by the caption or the "Use Audio" button.
  2. The Caption Lead: If the video is purely educational, some firms place the disclaimer at the very top of the caption so it is visible without clicking "more."
  3. The Profile Bio: While not a substitute for individual post compliance, having the disclaimer clearly visible in your bio adds a layer of good-faith effort for recurring content.

If your social content feels helpful but you’re unsure where compliance begins and ends, a strategic review can protect both your license and your brand.

Explore our legal-focused marketing services to see how clarity creates confidence.


Is a TikTok video considered “advertising” by the Missouri Bar?

It can be—and that is what makes TikTok both powerful and risky.

TikTok is not just an entertainment app. For millions of users, it is a search engine and a referral network.

When does a TikTok become an ad?

If your video includes any of the following, it is likely subject to Missouri Rule 4-7.1:

  • It explicitly mentions your firm’s name in a commercial context.
  • It describes specific case outcomes (e.g., "We just won $50k for a client").
  • It includes a Call to Action (CTA) like “Call us,” “Link in bio,” or “DM for help.”

The Nuance: Advertising isn't the enemy. Misalignment is.

The real risk isn’t posting on TikTok; it’s posting without intention. Lawyers don’t need to disappear from social media. They need to design content that informs without promising and connects without coercing.

This is where modern legal marketing intersects with professional strategy. Many firms partner with a facebook ads agency or digital team that understands both the mechanics of the algorithm and the psychology of compliance.

Best practices for compliance with Missouri legal advertising rules

The safest approach isn’t silence. It’s structure.

To hire your content to do the job of growing your firm safely, follow these five principles:

  1. Lead with Education, Not Outcomes
    Teach the process (e.g., "How a deposition works"). Explain the system. Avoid guaranteeing results or using superlatives like "best" or "cheapest."
  2. Use Disclaimers as Trust Signals
    Don’t hide the mandatory text in white font on a white background. Clear, conspicuous placement builds credibility, not suspicion.
  3. Separate Storytelling from Solicitation
    Your personal story builds connection. Your CTA builds direction. Be careful not to blur them in a way that feels manipulative.
  4. Design Your Brand Voice Intentionally
    Consistency reduces risk. If your tone is "aggressive fighter" one day and "compassionate listener" the next, you confuse the client and the regulators. This is where thoughtful branding services quietly protect you by establishing a unified, compliant identity.
  5. Audit Content Regularly
    Platforms change. Rules evolve. Informal advisory opinions are issued regularly. Your content library requires periodic review to ensure old posts don't create new liabilities.

Why This Matters More Than Ever

People don’t hire lawyers because of disclaimers.

They hire lawyers because, in a moment of uncertainty, they feel understood.

But in a digital world where trust is built—or lost—in seconds, how that understanding is communicated matters as much as what is said.

The “Choice of a Lawyer” disclaimer isn’t a hurdle. It’s a signal.

A signal that choice still matters. That trust still matters.

If your marketing feels scattered—or overly cautious—it may be time for a clarity reset.

See how strategic brand alignment supports ethical growth.


When legal marketing is built with intention, compliance stops feeling restrictive and starts feeling protective. It protects the client from confusion. It protects the attorney from risk. And it protects the integrity of the message itself.

At Bayer Enterprises, this is where our work lives—at the intersection of storytelling and science. We believe lawyers shouldn’t have to choose between being human and being compliant. When clarity leads, credibility follows.

Is Your Social Media Compliant? Let’s Find Out.

If you’re wondering how your legal marketing reads to a client (or an ethics board) seeing you for the first time, now is the moment to find out.

A focused review can surface risk, reveal missed opportunities, and realign your message—without compromising your voice.

Schedule Your Compliance & Strategy Review


FAQs

Does Missouri Rule 4-7.1 apply to social media posts?

Yes, if the content functions as advertising. If a post describes legal services, encourages contact, or positions the lawyer as a solution, it likely falls under advertising rules, regardless of the platform.

Where do I put the Choice of a Lawyer disclaimer on Instagram Reels?

Best practices include placing the disclaimer as on-screen text in the bottom 20% of the video (avoiding interface buttons), or at the very top of the caption. The goal is 'conspicuous' visibility.

Is a TikTok video considered advertising by the Missouri Bar?

It can be. If the TikTok mentions your firm, describes outcomes, or invites viewers to contact you (e.g., 'Link in Bio'), it may be interpreted as advertising under Missouri Rule 4-7.1.


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