SCR 3.130 KENTUCKY RULES OF PROFESSIONAL CONDUCT

INFORMATION ABOUT LEGAL SERVICES

Current with amendments received through 6/30/99

SCR 3.130(7.10) COMMUNICATIONS CONCERNING A LAWYER'S SERVICE

(1) A lawyer shall not make a false, deceptive or misleading communication about the lawyer or the lawyer's service. A communication is false, deceptive or misleading if it:

(a) Contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading; or

(b) Is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the rules of professional conduct or other law; or

(c) Compares the lawyer's services with other lawyers' services, unless the comparison can be factually substantiated.

(2) No approval of an advertisement obtained under Rule 7.05 shall constitute a defense to charges brought under this rule if the advertisement shall subsequently be found to have violated this rule.

Adopted by Order 92-1, eff. 8-1-92

COMMENTARY

Supreme Court

1989:

This Rule governs all communications about a lawyer's services, including advertising permitted by Rule 7.2. Whatever means are used to make known a lawyer's services, statements about them should be truthful. The prohibition in paragraph (b) of statements that may create "unjustified expectations" would ordinarily preclude advertisements about results obtained on behalf of a client, such as the amount of a damage award or the lawyer's record in obtaining favorable verdicts, and advertisements containing client endorsements. Such information may create the unjustified expectation that similar results can be obtained for others without reference to the specific factual and legal circumstances. (Commentary from former SCR 3.130(7.1).)

Ethics Opinions At This Website Citing This Rule

KBA E-389 and KBA E-403