Can a lawyer use client testimonials in advertising in Washington?
Apply this to your situation
This page answers the general question as of 2000. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The inquiry concerned an advertisement that commented on a lawyer's handling of a client's case and, more generally, the use of testimonials in lawyer advertising. The committee concluded that client testimonials may be acceptable so long as they comply with RPC 7.1 and contain an appropriate disclaimer that reasonably allows the reader to understand that past performance does not guarantee future performance.
The committee expressed no opinion on the specific example presented in the inquiry, even with an appropriate disclaimer.
Currency note
This opinion was issued in 2000, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. The lawyer-advertising rules were substantially revised in that process. 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 Treat this page as historical context, not current guidance.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: Are client testimonials allowed in Washington lawyer advertising?
A: The committee said they may be acceptable so long as they comply with RPC 7.1 and include an appropriate disclaimer that reasonably allows the reader to understand that past performance does not guarantee future performance.
Q: Did the committee approve the specific advertisement in the inquiry?
A: No. It expressly declined to opine on the example presented in the inquiry, even with an appropriate disclaimer.
Background and rules framework
The opinion interprets Washington RPC 7.1 (corresponding to Model Rule 7.1), which governs communications about a lawyer's services and prohibits false or misleading communications. The committee treated a disclaimer about past performance as the mechanism for keeping a testimonial from being misleading, while declining to bless any particular advertisement.
Citations and references
Rules of Professional Conduct:
- Model Rule 7.1 / Washington RPC 7.1 (communications concerning a lawyer's services; no false or misleading statements)
See also
- WSBA Ethics Op. 1238: Recorded Lawyer Message on a Phone Line
- WSBA Ethics Op. 1075: "Certified," "Diplomate," "Specialist"
- WSBA Ethics Op. 1917: Lawyer Listed on a Group Website
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=1164
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1924
Year Issued: 2000
RPC(s): RPC 7
Subject: Advertisement that comments on lawyer's handling client's case; use of testimonials in lawyer advertising
The committee is of the opinion that client testimonials may be acceptable so long as they comply with RPC 7.1 and contain an appropriate disclaimer that reasonably allows the reader to understand that past performance does not guarantee future performance. The committee expresses no opinion regarding the example in the inquiry, even with an appropriate disclaimer.
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