Answers to So You Think You Know The Law

October 2013

2. The following online post violates the California Rules of Professional Conduct: “Another great victory in court today! My client is delighted. Who wants to be next?” True or False? True.  This post is considered a “communication” under California Rule of Professional Conduct 1-400(A) because it concerns “the availability for professional employment.”  Therefore, it is subject to the CRPC rules pertaining to advertisements.  An attorney cannot disseminate communications that contain testimonials or endorsements unless it also contains an express disclaimer. CRPC 1-400(E).   Because this attorney has not included a disclaimer, this posting violates the California ethics rules.   Further, all attorney advertisements must state that the word “advertisement” or similar words under Rule 1-400(E).  This is an additional violation.  State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion No. 2012-186. Return to Newsletter.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.