Navigating Transparency: Our Approach to Sharing Client Experiences
Professional integrity demands transparent communication.
Whatever brought you here, I hope we can make a difference.
At Dorian Law PC, we believe in letting our work and, most importantly, our clients speak for themselves. As a new firm made up of well respected lawyers, we understand the importance of demonstrating the experience and dedication our attorneys bring to every case. This commitment to transparency has led us to share feedback from individuals who have worked with our attorneys previously. This post outlines our approach to sharing these experiences and the ethical considerations that guide our decisions.
If you have questions about attorney advertising ethics or want to learn more about your rights when choosing legal representation, contact Dorian Law PC for more information and guidance.
Our Situation: Sharing Attorneys' Prior Successes
At the time of writing, Dorian Law PC is a new firm. Because of this, we looked to publicly available reviews and testimonials regarding the experiences clients had with our attorneys. We wanted to share this feedback to illustrate the proven track record and client-focused approach that define our team. Some of the testimonials also expressed the client’s experience with other attorneys and staff at their previous law firms. To ensure clarity and focus, we have quoted from these reviews on our website, specifically highlighting the reviewer’s experience with the attorney now at Dorian Law PC.
Our Commitment to Transparency:
We understand that the context of these reviews is important. We went beyond the bare minimum to ensure complete transparency. To do this, we have taken several steps:
Footer Disclosure: On every page of our website, we include the statement: "Testimonials are from third-party sources such as google.com, yelp.com, and avvo.com that have been edited to reflect the reviewer’s experience with attorneys at Dorian Law P.C. We believe in transparency. The unedited testimonials are here and may include additional information about the reviewer’s experience with our attorney’s former employers." This text includes a direct link to a dedicated page containing screenshots of the full, unedited reviews.
Testimonials Page Introduction: Our testimonials page begins with the following: "At Dorian Law, we believe in letting results – and our clients – speak for themselves. We believe in transparency. The testimonials on this website are from third-party sources such as google.com, yelp.com, and avvo.com that have been edited to reflect the reviewer’s experience with attorneys at Dorian Law P.C. The unedited testimonials may include additional information about the reviewer’s experience with our attorney’s former employers. That’s why we post the unedited testimonials here. It’s part of how you can be sure "The Dorian Law Advantage" is more than just words on a page; it's a lived experience for every client we serve. Hear directly from individuals and families who have experienced the Client-Focused Approach, Proven Track Record, and Deep Industry Knowledge that define the attorneys at Dorian Law and have made us champions for folks who need help." This paragraph also includes a direct link to the unedited reviews.
Ethical Considerations in California:
Our approach has been carefully considered in light of the California Rules of Professional Conduct, which govern attorney advertising. Key ethical principles guide our practice:
Truthfulness and Accuracy: Rule 7.1 prohibits false or misleading communications about a lawyer's services. This includes omissions that could make a communication materially misleading.
Testimonials and Endorsements: While Rule 7.2 permits the use of testimonials, it emphasizes that all advertising must comply with Rule 7.1, meaning it must not be false or misleading. Comment 2 to Rule 7.1 cautions that even truthful testimonials can be misleading if they create unjustified expectations.
State Bar Guidance: California State Bar Formal Opinion No. 2019-199 clarifies that attorneys are responsible for the content they "adopt" for marketing purposes, including testimonials, and must ensure accuracy and avoid creating unjustified expectations. The opinion suggests that disclaimers and qualifying language can often mitigate this risk.
Our Analysis and Commitment:
Our approach aligns with these ethical obligations by prioritizing transparency and providing access to the full context of the original reviews. Our edits are specifically focused on the reviewer's direct experience with the attorney now at Dorian Law PC, ensuring the content remains relevant to the services we offer. The prominent disclaimers and easy access to the unedited reviews are intended to prevent any potential for misinterpretation or the creation of unjustified expectations.
A Look at the Obligations of Former Firms Regarding Testimonials:
Regarding the specific issue of testimonials, law firms also have an ethical responsibility to ensure their advertising remains accurate when attorneys leave the practice. Continuing to prominently feature reviews that specifically praise a former attorney, without clearly indicating their departure, can mislead potential clients into believing that attorney is still with the firm and available to handle their case. This omission of a material fact would likely violate Rule 7.1, requiring firms to update their advertising to reflect their current team.
A Look at Common Ethical Conflicts in Attorney Advertising:
In our commitment to ethical practices, we've also considered common situations where the desire to attract clients can sometimes conflict with professional obligations. Here are a few examples that are valuable for potential clients to be aware of:
Representing Firm Locations: Attorneys have an ethical obligation to represent their firm's locations accurately. Advertising multiple office locations where the firm has little to no actual, regular presence – such as virtual offices or shared spaces with minimal connection to the firm's practicing attorneys – can be misleading to potential clients. Clients should be able to expect that a listed location signifies a place where they can readily meet with their attorney. At Dorian Law PC, we’d love to meet with you at either of our locations!
Guaranteeing Outcomes: It is unethical for attorneys to guarantee specific outcomes in legal cases. Every case is unique and depends on its own specific facts and the applicable law. Advertising that suggests guaranteed results can create false expectations and is a violation of ethical rules.
Creating Unjustified Expectations: As mentioned earlier with testimonials, advertising must not create unjustified expectations about the results an attorney can achieve. This applies to all types of claims and promises made in advertising. Attorneys should avoid language that suggests they have a special ability to achieve results that other attorneys cannot.
Misrepresenting Experience: A Deceptive Practice
Another ethical pitfall to watch out for is the misrepresentation of an attorney's experience. This can take several forms, such as failing to disclose periods where an attorney was not actively practicing law or exaggerating experience in a particular area of law when the majority of their practice was focused elsewhere. Such misrepresentations can mislead potential clients about the attorney's qualifications and expertise in the specific legal matter they need assistance with. Transparency in an attorney's background and experience is crucial for building trust and allowing clients to make informed decisions.
A Broader Ethical Landscape:
Our research into the ethical rules of other jurisdictions, including the ABA Model Rules, New York, Texas, and Florida, reinforces the paramount importance of truthfulness and avoiding misleading statements in attorney advertising across all aspects. While specific rules vary, the overarching principle remains consistent.
Conclusion:
At Dorian Law PC, we are committed to building trust through transparency and ethical practices in all aspects of our advertising. We believe in providing potential clients with accurate and complete information to make informed decisions about their legal representation. We like to tell potential clients that we are lawyers, not salesmen. As professionals, we will continue to monitor and adapt our practices to ensure we adhere to the highest ethical standards in all our communications.
Choosing the right attorney is a significant decision. At Dorian Law PC, we are committed to upholding the highest ethical standards and providing transparent information about our experience and approach. If you are seeking legal representation from a firm that prioritizes honesty and integrity, we invite you to contact us today for a free consultation.
***Please note that this blog provides Useful Tips, Emerging Trends, and Thoughtful Insights regarding LTD, Life, and AD&D Insurance, including summaries of reported legal decision and does not constitute legal advice. Since posting, this blog has not been updated to reflect any subsequent changes in the law. Usually the cases discussed in Case Review Corner were handled by other law firms, but if you have questions about how the developing law impacts your ERISA benefit or bad faith insurance claim, Dorian Law P.C. may be able to advise you, so please contact us.***