New York Law (NYLE) Practice Exam

What constitutes a violation of professional conduct in legal advertising?

1. Comparison with other lawyers' services.

2. Failing to disclose paid endorsements.

3. Creating an expectation of certain results.

4. Including disclaimers in advertisements.

The correct answer is: Creating an expectation of certain results.

The assertion that creating an expectation of certain results constitutes a violation of professional conduct in legal advertising is grounded in the ethical obligation lawyers have to provide truthful and non-deceptive communication to the public. Legal advertising must not mislead potential clients regarding the outcomes they can expect by hiring a lawyer. When advertising suggests or implies that a client is guaranteed a successful outcome, it can create unrealistic expectations, which can lead to a misrepresentation of the lawyer's capabilities and the nature of legal services. This expectation can damage the integrity of the legal profession and undermine trust in legal practitioners. Therefore, conveying an expectation of specific results is deemed unprofessional and can be classified as a violation of the standards governing legal advertising. In contrast, the other options address different aspects of legal advertising that are less explicitly problematic. While comparison with other lawyers' services can be permissible under certain guidelines, it must be done in a way that is not misleading. Failing to disclose paid endorsements can lead to transparency issues, but it may not always constitute a violation if the advertisement remains truthful. Including disclaimers in advertisements is often encouraged to clarify the nature of the information presented and does not inherently violate professional conduct guidelines; rather, it can be a part of compliant advertising practices.