New York Law (NYLE) Practice Exam

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If a lawyer's advertisement includes a comparison with other lawyers, is it permissible under the Rules of Professional Conduct?

Yes, as long as it is truthful and not misleading.
No, comparison of services is always prohibited.
Yes, but only if it does not include testimonials.
No, unless it has a disclaimer.

The correct answer is: Yes, as long as it is truthful and not misleading.

The permissibility of a lawyer's advertisement that includes a comparison with other lawyers hinges on the principles of truthfulness and non-misleading content under the Rules of Professional Conduct. When an advertisement contains comparative statements about a lawyer’s competence or the quality of their services versus those of other lawyers, it is crucial that these statements be factual, substantiated, and not misleading in any way. The underlying rationale for allowing truthful and non-misleading comparisons is to provide potential clients with useful information about their choices in legal representation. However, if such comparisons distort the truth or present information in a deceptive manner, it could mislead clients and result in reputational harm to the profession as a whole. Therefore, the conditions that the information be truthful and non-misleading are vital to maintaining ethical standards in legal advertising. While comparisons can be helpful to consumers, the legal profession also recognizes the potential for misuse, which is why strict adherence to these standards is necessary. Options that suggest outright prohibitions or specific restrictions like excluding testimonials or requiring disclaimers do not align with the governing rules, which allow for comparisons as long as they are conducted ethically and responsibly.