Are lawyers permitted to make statements that could mislead about the likelihood of success in advertising?

• A. Yes, if the client approves.
• B. No; this would violate Rule 7.1.
• C. Only in certain jurisdictions.
• D. Only if the advertisement is labeled as opinion.

Answer: (B)

Advertising by lawyers must be truthful and not misleading. Statements that imply a high or guaranteed likelihood of success are claims about the lawyer’s services and can easily mislead potential clients. The rule prohibits communications that create unjustified expectations about results, even if client approval is obtained or the ad is framed as opinion. Disclaimers or labeling something as opinion do not cure the misrepresentation.

So, stating that a case will likely succeed would violate Rule 7.1, which bans false or misleading advertising about a lawyer and the lawyer’s services.