Opinion 39 of the Committee on Attorney Advertising has held that lawyers violate RPC 7.1(a)(2) and (3) if they advertise results of surveys by private commercial enterprises that select so-called Super Lawyers or Best Lawyers in America — or even if they simply participate in the process.

New Jersey RPC 7.1(a)(2) proscribes any communication that “is likely to create unjustified expectation about the results the lawyer can achieve,” and RPC 7.1(a)(3) proscribes any communication that “compares the lawyer’s services with other lawyers’ services.”

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