North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0700 - INFORMATION ABOUT LEGAL SERVICES › Section 02 RULE 7.01 - COMMUNICATIONS CONCERNING A LAWYER'S SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
A lawyer shall not make a false or misleading communication
				  about the lawyer or the lawyer's services. A communication is false or
				  misleading if it contains a material misrepresentation of fact or law, or omits
				  a fact necessary to make the statement considered as a whole not materially
				  misleading. Such communications include but are not limited to a statement that
				  is likely to create an unjustified expectation about results the lawyer can
				  achieve; a statement that states or implies that the lawyer can achieve results
				  by means that violate the Rules of Professional Conduct or other law; or a
				  statement that compares the lawyer's services with other lawyers' services,
				  unless the comparison can be factually substantiated.
Comment
False and Misleading Communications
[1] This Rule governs all communications
				about a lawyer's services, including advertising. Whatever means are used to
				make known a lawyer's services, statements about them must be
				truthful.
[2] Misleading truthful
				statements are also prohibited by this Rule. A truthful statement is misleading
				if it omits a fact necessary to make the lawyer's communication considered as a
				whole not materially misleading. A truthful statement is also misleading if
				there is a substantial likelihood that it will lead a reasonable person to
				formulate a specific conclusion about the lawyer or the lawyer's services for
				which there is no reasonable factual foundation. A truthful statement is also
				misleading if presented in a way that creates a substantial likelihood that a
				reasonable person would believe the lawyer's communication requires that person
				to take further action when, in fact, no action is required.
[3] A communication that truthfully reports a
				lawyer's achievements on behalf of clients or former clients may be misleading
				if presented so as to lead a reasonable person to form an unjustified
				expectation that the same results could be obtained for other clients in
				similar matters without reference to the specific factual and legal
				circumstances of each client's case. Similarly, an unsubstantiated claim about
				a lawyer's or law firm's services or fees, or an unsubstantiated comparison of
				the lawyer's or law firm's services or fees with those of other lawyers or law
				firms may be misleading if presented with such specificity as would lead a
				reasonable person to conclude that the comparison or claim can be
				substantiated. The inclusion of an appropriate disclaimer or qualifying
				language may preclude a finding that a statement is likely to create
				unjustified expectations or otherwise mislead the public.
[4] It is professional misconduct for a
				lawyer to engage in conduct involving dishonesty, fraud, deceit or
				misrepresentation. Rule 8.4(c). See also Rule 8.4(e) for the prohibition
				against stating or implying an ability to improperly influence a government
				agency or official or to achieve results by means that violate the Rules of
				Professional Conduct or other law.
Firm Names, Letterheads, and Professional Designations
[5] Firm names, letterhead and
				professional designations are communications concerning a lawyer's services. A
				firm may be designated by the names of all or some of its current principals or
				by the names of deceased or retired principals where there has been a
				succession in the firm's identity. The name of a retired principal may be used
				in the name of a law firm only if the principal has ceased the practice of law.
				A lawyer or law firm also may be designated by a trade name, a distinctive
				website address, social media username or comparable professional designation
				that is not misleading. A law firm name or designation is misleading if it
				implies a connection with a government agency, with a deceased or retired
				lawyer who was not a former principal of the firm, with a lawyer not associated
				with the firm or a predecessor firm, with a nonlawyer or with a public or
				charitable legal services organization. If a firm uses a trade name that
				includes a geographical name such as "Springfield Legal Clinic," an express
				statement explaining that it is not a public or charitable legal services
				organization may be required to avoid a misleading implication.
[6] A law firm with offices in more than one
				jurisdiction may use the same name or other professional designation in each
				jurisdiction, but identification of the lawyers in an office of the firm shall
				indicate the jurisdictional limitations on those not licensed to practice in
				the jurisdiction where the office is located.
[7] Lawyers may not imply or hold themselves
				out as practicing together in one firm when they are not a firm, as defined in
				Rule 1.0(d), because to do so would be false and misleading. It is also
				misleading to use a designation such as "Smith and Associates" for a solo
				practice.
[8] This Rule does not
				prohibit the employment by a law firm of a lawyer who is licensed to practice
				in another jurisdiction, but not in North Carolina, provided the lawyer's
				practice is exclusively limited to areas that do not require a North Carolina
				law license. The lawyer's name may be included in the firm letterhead, provided
				all communications by such lawyer on behalf of the firm indicate the
				jurisdiction in which the lawyer is licensed as well as the fact that the
				lawyer is not licensed in North Carolina.
[9] If law offices are maintained in another
				jurisdiction, the law firm is an interstate law firm and must register with the
				North Carolina State Bar as required by 27 N.C. Admin. Code 1E.0200 et seq.
Dramatizations
[10] Dramatizations of fictional cases in
				video advertisements are potentially misleading. See 2010 FEO 9, RPC 164. A
				communication by a lawyer that contains a dramatization depicting a fictional
				situation is not misleading if it complies with paragraph (a) above and
				contains a conspicuous written or oral statement, at the beginning and the end
				of the communication, explaining that the communication contains a
				dramatization and does not depict actual events or real persons.
Authority
				  G.S.
				  84-23;
Adopted by the Supreme
				  Court: July 24, 1997;
Amendments Approved by the Supreme Court:
				  March 1, 2003; October 2, 2014; April 21,
				  2021.