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Rule 7.1. Communications Concerning a Lawyer's Services.

A lawyer shall not makea false or misleading communication about the lawyer or the lawyer's services.A communication is false or misleading if it:

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

(b)is likely to create an unjustified or unreasonable expectation about resultsthe lawyer can achieve or has achieved; or

(c) containsa testimonial or endorsement that violates any portion of this Rule.

Comment

[1] This Rule governsall communications about a lawyer's services, including advertising permittedby Rule 7.2. Whatever means are used to make known a lawyer's services, statements about them must be truthful.

[2] Truthful statementsthat are misleading are also prohibited by this Rule. A truthful statement ismisleading if it omits a fact necessary to make the lawyer?s communicationconsidered as a whole not materially misleading. A truthful statement is alsomisleading if there is a substantial likelihood that it will lead a reasonableperson to formulate a specific conclusion about the lawyer or the lawyer?sservices for which there is no reasonable factual foundation.

[3] An advertisementthat truthfully reports a lawyer?s achievements on behalf of clients or formerclients may be misleading if presented so as to lead a reasonable person toform an unjustified expectation that the same results could be obtained forother clients in similar matters without reference to the specific factual andlegal circumstances of each client?s case. Similarly, an unsubstantiatedcomparison of the lawyer?s services or fees with the services or fees of other lawyersmay be misleading if presented with such specificity as would lead a reasonableperson to conclude that the comparison can be substantiated. The inclusion ofan appropriate disclaimer or qualifying language may preclude a finding that astatement is likely to create unjustified expectations or otherwise mislead thepublic.

[4] See also Rule 8.4(e)for the prohibition against stating or implying an ability to influenceimproperly a government agency or official or to achieve results by means thatviolate the Rules of Professional Conduct or other law.

[4a] The Utah Rule isdifferent from the ABA Model Rule. Subsections (b) and (c) are added to theRule to give further guidance as to which communications arefalse or misleading.