This Virginia State Bar is mindful of protecting the reputation of lawyers in the state and discourages any behavior that might lead to a public distrust of the legal profession or legal system in general. Deceptive advertising is one of the behaviors that could hinder the reputation of lawyers and the legal system, so the Virginia State Bar enacted certain regulations to ensure legal advertising is both factual and informative. The purpose of legal advertisements under Virginia law is to “inform the public of the availability of competent, independent legal counsel.” Advertising should be for the purpose of assisting the public in making decisions about selecting legal counsel. All ads must be constructed in a way that a reasonable layperson, a person without specialized legal training, may understand the ad and not draw from it unrealistic expectations.
“The best divorce attorney in Virginia” is a vague and boastful statement that cannot be supported by facts and may lead a layperson to develop unrealistic expectations about their chances of a particular outcome. Such a statement is based on an opinion and thus such statements cannot be included in an ad. In addition, statements claiming an attorney is “the best” could be based on the outcomes of past cases. Every legal case is unique and the legal outcome is based on the facts of that particular case. Lawyers are prohibited from advertising in a way that promises or suggests the probability of a specific outcome based on past cases. These claims may be interpreted by a layperson as a promise of a similar outcome.
Only factual information may be included and ads may not contain any statements that could be seen as overly boastful because such statements may be deceptive to a layperson. Ads may include such information as the attorney’s name, address, web address, and phone number. Other information may be included as well, such as biographical information, as long as the information is not used to create false expectations of a person seeking legal services. Information regarding a lawyer’s specialty can also be included. If the lawyer is, for example, certified by the Virginia State Bar to practice a specific area of law then this information can be included. For example, if the lawyer is a Virginia certified mediator or certified in Family Law then this information is useful to the public in making a decision and can be included.
