Multistate Professional Responsibility Exam Practice Question
Multiple clients recently reported seeing an online advertisement in which an attorney declared, “Hire us for a better recovery than any other firm.” The ad also describes two previous verdicts that were higher than the average in the region. Which statement accurately addresses whether that communication is permissible?
It is acceptable if the attorney lists prior results that support the claim
It is acceptable when the firm includes a disclaimer regarding different outcomes for future clients
It is unacceptable if it implies outcomes that are not substantiated and misleads potential clients
It is acceptable when the claim is widely publicized along with online references for potential clients to review
Lawyers who advertise must ensure they do not make claims that suggest guaranteed results. Although referencing past trial verdicts may be permissible, boldly assuring a better recovery than any other firm can mislead potential clients if the statement is not substantiated. One answer choice underscores the problems with making such claims without adequate support, whereas the remaining responses allow the statement under various conditions that do not sufficiently resolve the exaggerated promise.
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What are the ethical rules regarding lawyer advertising?
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What does it mean for an advertisement to mislead potential clients?
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How can attorneys substantiate claims made in advertisements?