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

(b) is likely to create an unjustified expectation about results the attorney can achieve, or states or implies that the attorney can achieve results by means that violate the Maryland Attorneys' Rules of Professional Conduct or other law; or

(c) compares the attorney's services with other attorneys' services, unless the comparison can be factually substantiated.

[1] This Rule governs all communications about an attorney's services, including advertising and direct personal contact with potential clients permitted by Rules 19-307.2 (7.2) and 19-307.3 (7.3). Whatever means are used to make known an attorney's services, statements about them should be truthful. The prohibition in section (b) of this Rule of statements that may create “unjustified expectations” would ordinarily preclude advertisements about results obtained on behalf of a client, such as the amount of a damage award or the attorney's record in obtaining favorable verdicts, and advertisements containing client endorsements. Such information may create the unjustified expectation that similar results can be obtained for others without reference to the specific factual and legal circumstances.

[2] A communication will be regarded as false or misleading if it (1) asserts the attorney's record in obtaining favorable awards, verdicts, judgments, or settlements in prior cases, unless it also expressly and conspicuously states that each case is different and that the past record is no assurance that the attorney will be successful in reaching a favorable result in any future case, or (2) contains an endorsement or testimonial as to the attorney's legal services or abilities by a person who is not a bona fide pre-existing client of the attorney and has not in fact benefitted as such from those services or abilities.

[3] See also Rule 19-308.4 (f) (8.4) for the prohibition against stating or implying an ability to influence a government agency or official or to achieve results by means that violate the Maryland Attorneys' Rules of Professional Conduct or other law.

Model Rules Comparison: This Rule substantially retains existing Maryland language and does not adopt Ethics 2000 Amendments to the ABA Model Rules of Professional Conduct.