127 N.J.L.J. 753
March 21, 1991
Quoting the Statement of Another
Which, if Made by an Attorney, Would
be Considered False or Misleading
This matter originated as a grievance filed by a member of the
public against an attorney who had caused an advertisement to be
published in a newspaper of general circulation. The grievance
alleged, among other things, that the advertisement was
unprofessional in that it contained a statement of self-
aggrandizement. Specifically, the advertisement included the
following statement: "[Respondent] was introduced by a talk show
host as 'The best divorce lawyer in the country.'"
Upon completing its initial review, this Committee determined that the advertisement violated RPC 7.1(a)(3). In lieu of formal action, a letter was sent to Respondent requesting that she cease and desist from making use of this or any other advertisement which includes comparative language.
By way of reply, Respondent asserted that it was not she, but the talk show host, who had uttered the offending statement, and that she had merely employed it in her advertising campaign. The Committee was not persuaded and reiterated its request that she cease and desist from engaging in such advertising. Although Respondent ultimately complied, the Committee determined that this issue warranted a formal advisory opinion.