Ind. Prof. Cond. Rule 7.1

Services

Effective January 1, 2011

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as

a whole not materially misleading.

Commentary

[1] This Rule governs all communications about a lawyer's services, including advertising

permitted by Rule 7.2. Whatever means are used to make known a lawyer's services,

statements about them must be truthful.

[2] Truthful statements that are misleading are also prohibited by this Rule. In the

absence of special circumstances that serve to protect the probable targets of a communication from being misled or deceived, a communication will violate Rule 7.1 if it:

(1) is intended or is likely to result in a legal action or a legal position being asserted

merely to harass or maliciously injure another;

(2) contains statistical data or other information based on past performance or an

express or implied prediction of future success;

(3) contains a claim about a lawyer, made by a third party, that the lawyer could not

personally make consistent with the requirements of this rule;

(4) appeals primarily to a lay person’s fear, greed, or desire for revenge;

(5) compares the services provided by the lawyer or a law firm with other lawyers’ services, unless the comparison can be factually substantiated;

(6) contains any reference to results obtained that may reasonably create an expectation of similar results in future matters;

(7) contains a dramatization or re-creation of events unless the advertising clearly and

conspicuously discloses that a dramatization or re-creation is being presented;

(8) contains a representation, testimonial, or endorsement of a lawyer or other statement that, in light of all the circumstances, is intended or is likely to create an unjus-

tified expectation about a lawyer or law firm or a person’s legal rights;

(9) states or implies that a lawyer is a certified or recognized specialist other than as

permitted by Rule 7.4;

(10) is prohibited by Rule 7.3.

[3] See also Rule 8.4(e) for the prohibition against stating or implying an ability to influ-

ence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law.