Can a lawyer advertise as a 'personal injury expert'?
Apply this to your situation
This page answers the general question as of 1988. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee reviewed inquiries referred to it by the Disciplinary Board concerning whether lawyers could properly use the term "personal injury experts." After considerable discussion, the committee was of the opinion that the Rules of Professional Conduct did not expressly prohibit the use of the term "expert" and that its use is not per se improper.
The committee was of the opinion that the question is merely whether the use of such a term would be false or misleading.
Currency note
This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rules then numbered RPC 7.1 (communications concerning a lawyer's services) and RPC 7.4 (communication of fields of practice) correspond to Model Rules 7.1 and 7.4 and have since been amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.
Common questions
Q: Can a lawyer advertise as a "personal injury expert"?
A: Per the opinion, the term is not expressly prohibited and is not per se improper. The committee was of the opinion that the use of the term "expert" is permitted so long as it is not false or misleading.
Q: What makes using the term "expert" improper?
A: The committee was of the opinion that the question is merely whether the use of the term would be false or misleading; if it would, its use would be improper.
Q: Did the committee set a flat rule against the word "expert"?
A: No. The committee found that the Rules of Professional Conduct did not expressly prohibit the term, so the analysis turns on whether the particular use is false or misleading rather than on a blanket ban.
Background and rules framework
The opinion applies the rules then numbered Washington RPC 7.1 and RPC 7.4, corresponding to Model Rules 7.1 and 7.4, which govern communications about a lawyer's services and fields of practice. The committee made the outcome turn on whether the communication is false or misleading rather than on the word "expert" itself, which it found is not expressly prohibited.
Citations and references
Rules of Professional Conduct:
- Washington RPC 7.1 (communications concerning a lawyer's services), corresponding to Model Rule 7.1.
- Washington RPC 7.4 (communication of fields of practice), corresponding to Model Rule 7.4.
See also
- WSBA Ethics Op. 1175: using "Courthouse" in a firm address or building name
- WSBA Ethics Op. 1062: soliciting criminal-case referrals from other lawyers
- Alabama Ethics Op. 1992-06: advertising how few lawyers hold a board certification
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=266
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1186
Year Issued: 1988
RPC(s): RPC 7.1; 7.4
Subject: Advertising; use of term "expert"
The Committee reviewed the inquiries referred to them by the Disciplinary Board concerning whether or not lawyers could properly use the term "personal injury experts." After considerable discussion, the Committee was of the opinion that the Rules of Professional Conduct did not expressly prohibit the use of the term "expert" and it is not per se improper. The Committee was of the opinion that the question is merely whether the use of such a term would be false or misleading.
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