WSBA 1991

Can a lawyer list past verdicts obtained in a yellow pages advertisement?

Short answer: The committee was of the opinion that advertising statements about verdicts obtained, even if true, are likely to create an unjustified expectation about results the lawyer can achieve in future cases, in violation of RPC 7.1(b).

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This page answers the general question as of 1991. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1991
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The inquiry concerned a yellow pages advertisement of another lawyer that included, among other things, statements about verdicts the lawyer had obtained. The committee was of the opinion that such advertising statements, even if true, are likely to create an unjustified expectation about the results the lawyer can achieve in future cases, which would violate RPC 7.1(b).

Currency note

This opinion was issued in 1991, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer advertise verdicts won in past cases?

A: Under this 1991 opinion, the committee was of the opinion that such statements, even if true, likely create an unjustified expectation about future results in violation of RPC 7.1(b).

Q: Does it matter that the verdicts are real?

A: The committee was of the opinion that even true statements about verdicts obtained are likely to create the prohibited unjustified expectation.

Background and rules framework

At the time of this opinion, Washington's RPC 7.1(b) prohibited communications likely to create an unjustified expectation about the results a lawyer can achieve, the subject the Model Rules place in Rule 7.1. The committee applied it to truthful verdict statements that imply comparable outcomes in future cases.

Citations and references

Rules of Professional Conduct:

  • ABA Model Rule 7.1 (communications creating unjustified expectations)
  • Washington RPC 7.1(b)

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

The Committee reviewed your inquiry regarding a yellow page advertisement of another lawyer which included, among other things, statements regarding verdicts obtained by that lawyer. The Committee was of the opinion that such advertising statements, even if true, are likely to create an unjustified expectation about results the lawyer can achieve in future cases which would violate RPC 7.1(b).

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