Multistate Professional Responsibility Exam Practice Question
An attorney posts a statement promoting past outcomes. One line claims the attorney will achieve identical results for others, followed by a clarifying note that individual circumstances vary. Which statement aligns most closely with rules that govern marketing of legal services?
It is permissible to mention past accomplishments when they are backed by verifiable information and include a note that similar results depend on assorted factors
Client testimonials can be featured provided they are added in good faith and accurately reflect the clients’ experiences
A lawyer can publicize a statement claiming superiority over competitors based on objective comparisons rather than personal impressions
It is allowed to assure the public that similar results can occur in multiple cases if there is a note stating outcomes can vary
References to a lawyer’s past achievements are acceptable if they are accurate and do not promise specific outcomes in all future matters. A disclaimer is useful to clarify that results differ based on individual facts. Strengthening expectations of identical results, even if a disclaimer exists, is generally misleading. Offering endorsements is allowed when they are verifiable and not assumed, while comparing oneself to others should be supported by factual data rather than opinions.
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What are the rules governing marketing of legal services?
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What is the difference between acceptable and misleading claims in legal advertising?
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What should attorneys consider when using client testimonials in their marketing?