Communications Concerning a Lawyer’s Services

Effective January 1, 2011 A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading. Commentary [1] This Rule governs all communications about a lawyer's services, including advertising permitted by Rule 7.2. Whatever means are used to make known a lawyer's services, statements about them must be truthful. [2] Truthful statements that are misleading are also prohibited by this Rule. In the absence of special circumstances that serve to protect the probable targets of a communication from being misled or deceived, a communication will violate Rule 7.1 if it: (1) is intended or is likely to result in a legal action or a legal position being asserted merely to harass or maliciously injure another; (2) contains statistical data or other information based on past performance or an express or implied prediction of future success; (3) contains a claim about a lawyer, made by a third party, that the lawyer could not personally make consistent with the requirements of this rule; (4) appeals primarily to a lay person’s fear, greed, or desire for revenge; (5) compares the services provided by the lawyer or a law firm with other lawyers’ services, unless the comparison can be factually substantiated; (6) contains any reference to results obtained that may reasonably create an expectation of similar results in future matters; (7) contains a dramatization or re-creation of events unless the advertising clearly and conspicuously discloses that a dramatization or re-creation is being presented; (8) contains a representation, testimonial, or endorsement of a lawyer or other statement that, in light of all the circumstances, is intended or is likely to create an unjustified expectation about a lawyer or law firm or a person’s legal rights; (9) states or implies that a lawyer is a certified or recognized specialist other than as permitted by Rule 7.4; (10) is prohibited by Rule 7.3. [3] See also Rule 8.4(e) for the prohibition against stating or implying an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law.