Multistate Professional Responsibility Examination (MPRE)Regulation of the Legal ProfessionHard
Attorney Felicity, while running for a judicial office, publishes an advertisement in a local newspaper. The advertisement states, 'Felicity is the only candidate with a perfect record of winning every case tried to verdict.' While Felicity has indeed won every case she has taken to verdict, she has only tried two cases to verdict in her entire career. Is Felicity's advertisement ethical?
- ANo, because it is likely to create an unjustified expectation about her abilities.
- BYes, because the statement is factually true.
- CYes, provided she includes a disclaimer about the number of cases tried.
- DNo, because judicial candidates are prohibited from making claims about past litigation success.
Show answer & explanationAnswer & explanation
Correct answer: A. No, because it is likely to create an unjustified expectation about her abilities.
A communication is false or misleading if it is likely to create an unjustified expectation about results the lawyer can achieve. While technically true, stating 'perfect record' based on only two cases is highly misleading and likely to create an unjustified expectation in the minds of potential voters regarding her overall litigation prowess.
Why the other options are wrong
- B. Even if factually true in a narrow sense, a statement can be misleading if it omits material information or creates an unjustified expectation.
- C. A disclaimer might help, but the statement itself, without context, is problematic. The core issue is the misleading nature of the 'perfect record' claim when based on minimal data.
- D. Judicial candidates are generally allowed to speak about their qualifications and experience, but such statements must not be false or misleading, or create unjustified expectations.
Misleading Communications - Unjustified Expectation
A communication about a lawyer's services is misleading if it is likely to create an unjustified expectation about results the lawyer can achieve.
- Applies even if the statements are literally true.
- Context and omitted information are crucial in determining if an expectation is unjustified.
- Common in advertising claims of 'winning record' or 'best results'.
Memory trick: Truth, not just facts, prevents misleading advertising traps.