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CHAPTER 7
INFORMATION ABOUT LEGAL SERVICES

Rule 7.1
COMMUNICATIONS CONCERNING A LAWYER’S SERVICES

A lawyer shall not make a false or misleading communication about the lawyer, the lawyer’s services, the lawyer’s charges for fees or costs, or the law as relates to the services the lawyer will provide. A communication is false or misleading if it:

(a) contains a material misrepresentation of fact or law or omits a fact necessary to make the statement considered as a whole not materially misleading; or

(b) 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; or

(c) compares the lawyer’s services or fees with other lawyers’ services or fees, unless the comparison can be factually substantiated.

COMMENT

This Rule governs all communications about a lawyer’s services, including advertising permitted by Rule 7.2 and solicitations directed to specific recipients permitted by Rule 7.3. Whatever means are used to make known a lawyer’s services, statements about them should be truthful. The prohibition in paragraph (b) of statements that may create an "unjustified expectation" would ordinarily preclude advertisements about results obtained on behalf of a client, such as the amount of a damage award or the lawyer’s record in obtaining favorable verdicts, and advertisements containing client endorsements. Such information may create the unjustified expectation that similar results can be obtained for others without reference to specific factual and legal circumstances.

DEFINITIONAL CROSS-REFERENCES

"Consult" and "Consultation" See RPC 1.0(c)
"Material" and "Materially" See RPC 1.0(h)
"Reasonable" See RPC 1.0(j)