The Injury Litigation Blog

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An Attorney Can’t Say He’s the Best

By Byron Warnken, on August 30, 2012

In Maryland, Rule of Professional Conduct 7.1 states, “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: … compares the lawyer’s services with other lawyer’s services, unless the comparison can be factually substantiated.”

I believe stating, “I am the best injury lawyer in Maryland” is in violation of this rule.  Best is clearly a comparative word.

Moreover, “Factually substantiated” is a pretty high barrier, when you think about it.  That wording would leave no doubt the communication is Real.  Proven.  Facts.

The word best can mean lots of things.  Synonyms include: Most, Biggest, Greatest, Largest.

Therefore, “the best” probably means the lawyer with the most cases.  It could also mean the lawyer with the largest verdicts or the biggest settlements.  Alternatively, it could mean the attorney with the greatest number of successes on behalf of clients.

Best and its synonyms can be proven and need to be proven in order to be used by attorneys.  The proof means a lot of data and a lot of analysis.

Giving lawyers the ability to back up comparisons to other lawyers and make superlative statements is what the Injury Lawyer Database is designed to do.  We want consumers to know who the best injury lawyer in Maryland is.  The idea is that enough facts prove it.  We make money by giving the lawyers the opportunity to say it.

Source for MD RPC – Cornell Legal Information Institute

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