Attorney Kevin, licensed in State S, operates a website for his law practice. His website includes a section for client testimonials. One testimonial, from a former client, states: 'Kevin is the best lawyer in the state! He guaranteed I would win my case, and I did!' Is this testimonial ethically permissible on Kevin's website?
- ANo, because it contains a statement that is likely to create an unjustified expectation about results.
- BYes, because it is a genuine testimonial from a satisfied client.
- CYes, provided Kevin did indeed win the case for that client.
- DNo, because lawyers are generally prohibited from using client testimonials in advertising.
Show answer & explanationAnswer & explanation
Correct answer: A. No, because it contains a statement that is likely to create an unjustified expectation about results.
A communication is false or misleading if it is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law. The statement 'He guaranteed I would win my case' is problematic because lawyers cannot ethically guarantee results, and implying such a guarantee creates an unjustified expectation.
Why the other options are wrong
- B. Even if genuine, a testimonial can be misleading if its content violates advertising rules, such as creating unjustified expectations.
- C. Winning the case doesn't legitimize the 'guaranteed' statement. Lawyers cannot guarantee outcomes.
- D. Lawyers are generally permitted to use client testimonials, but only if they are not false or misleading and comply with all other advertising rules, including not creating unjustified expectations.
Testimonials & Unjustified Expectations
Client testimonials are permissible in lawyer advertising, but must not be false, misleading, or create unjustified expectations about the results a lawyer can achieve.
- Implied or explicit guarantees of success are prohibited.
- Testimonials should not compare a lawyer's services to others without substantiation.
- Disclaimers may be required for certain types of testimonials.
Memory trick: Ad content must be clear and true, no false hopes for me and you.