Question

An attorney who graduated two years ago is trying to develop a personal injury practice, but struggling to find new clients. The attorney hires a marketing firm to prepare a website featuring flashy photos of the attorney addressing a judge, arguing a case before a judge, and shaking hands with satisfied-looking clients. The website includes a disclaimer stating that results will vary depending upon the particular legal and factual circumstances. The attorney has never actually appeared in court. Once the website went live, the attorney began receiving numerous appointments from new clients. Is the attorney subject to discipline?

A Yes. The website created an unjustified expectation about the results that could be achieved in court.
B Yes. The website implied that the attorney had appeared in court when in fact the attorney had not.
C No. Commercial speech is protected under the First Amendment.
D No. The website contained an express disclaimer about the results a client could expect.

Answer 1

B Yes. The website implied that the attorney had appeared in court when in fact the attorney had not.

He basically lied to attract clients who thought he was widely experienced and would do them justice.