Multistate Professional Responsibility Examination (MPRE)Regulation of the Legal ProfessionMedium
Attorney Carla, admitted in State X, received a disciplinary complaint alleging that she misrepresented her experience on her law firm's website by claiming expertise in a highly specialized area of law where she had only minimal exposure. The state bar rules prohibit false or misleading communications about a lawyer's services. Which of the following is the most likely outcome of the disciplinary complaint?
- ACarla will face discipline for making a misleading communication about her qualifications.
- BCarla will be required to update her website, but no further discipline will occur.
- CCarla will be exonerated because 'expertise' is a subjective term.
- DCarla will be disciplined only if a client was actually harmed by her representation.
Show answer & explanationAnswer & explanation
Correct answer: A. Carla will face discipline for making a misleading communication about her qualifications.
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. Claiming 'expertise' with only minimal exposure is a material misrepresentation of her qualifications, regardless of actual client harm.
Why the other options are wrong
- B. Simply updating the website without further discipline is unlikely, as the act of making the misleading communication itself is a violation.
- C. While 'expertise' can be subjective, claiming it with minimal exposure constitutes a material misrepresentation of fact, making the communication misleading.
- D. Actual client harm is not a prerequisite for discipline for false or misleading advertising. The violation occurs when the communication itself is misleading.
False/Misleading Communications - Advertising
Lawyer communications about services must not contain material misrepresentations of fact or law, or omit facts making them materially misleading.
- Applies to all forms of advertising and solicitation.
- Subjective terms like 'expert' must be supported by actual qualifications/experience.
- Actual client harm is not required for a violation.
Memory trick: Truth in ads, no misleading fads, keeps the bar from getting mad.