Advisory Opinion: 918

Year Issued: 1985

RPC(s): RPC 7.1(c)

Subject: Advertisement; "no recovery -- no fee;" tacit comparison of lawyer's services with other lawyers'


The Committee was of the opinion that there is nothing improper with a lawyer arranging the enclosure of an advertisement to be mailed with monthly cable TV statements. However, by a vote of 7-1, the Committee was of the opinion that the statement in the advertisement "no recovery -- no fee" is misleading and of a type specifically disapproved of in Zauderer v. Ohio.

Similarly, by a vote of 7-1, the Committee was of the opinion that the statement "the firm that gets results" constitutes a tacit comparison of the lawyer's services with other lawyers' services which cannot be factually substantiated, and therefore violates RPC 7.1(c).

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Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.