Multistate Professional Responsibility Examination (MPRE)Regulation of the Legal ProfessionMedium
Attorney Carla, licensed in State C, decides to open a solo practice. She designs a website that includes a section titled 'Our Recent Victories,' where she lists three cases by name, along with the specific jury verdicts obtained (e.g., 'Smith v. Jones – $1.2 Million Jury Verdict'). She does not include any disclaimers or context regarding the cases. Which ethical rule is Carla most likely violating?
- ARule 7.1 concerning communications about a lawyer's services.
- BRule 7.4 concerning communication of fields of practice.
- CRule 7.3 concerning solicitation of clients.
- DRule 7.2 concerning advertising.
Show answer & explanationAnswer & explanation
Correct answer: A. Rule 7.1 concerning communications about a lawyer's services.
Rule 7.1 prohibits false or misleading communications about a lawyer's services. Listing specific jury verdicts without context, disclaimers, or explanation of the case's unique facts can create an unjustified expectation about results the lawyer can achieve, which is considered misleading.
Why the other options are wrong
- B. Rule 7.4 concerns how lawyers communicate their fields of practice or specialization, which is not the primary issue here.
- C. Rule 7.3 pertains to direct solicitation (in-person, telephone, real-time electronic contact), which is not what Carla is doing with her website.
- D. Rule 7.2 deals with the general methods of advertising, not the content's misleading nature.
Misleading Communications - Past Results
A communication about a lawyer's services is misleading if it creates an unjustified expectation about results the lawyer can achieve, particularly by presenting past results without context, disclaimers, or explanation of specific facts and circumstances.
- Prohibited by Rule 7.1 of the Model Rules of Professional Conduct.
- Must avoid creating unjustified expectations.
- Requires context and disclaimers when discussing past results.
- Focus on the overall impression created by the communication.
Memory trick: Advertising must be clear, not cleverly misleading.