Client Testimonials Offend the Rules of Professional Conduct for Legal Practitioners, 2023 (RPC)

Caveat: Section 39 violations of the Rules of Professional Conduct for Legal Practitioners, 2023 is clear on what constitutes an improper attraction of business. Before you continue reading, I encourage you to read Rule 39 and while at it, please read with an open mind. Your next client may be convinced to hire you based on a testimonial from a past client, who knows ????♂?.

?

A screenshot with a glowing testimonial from a client proudly shared by the recipient law firm on its social media landed in one of the WhatsApp groups I subscribed to.

The question that accompanied the screenshot was, “Who knows if this qualifies as advertising under the RPC?”

Looking beyond the mischief that may have accompanied the question, and the fact that the RPC provides some exceptions to its rule on advertising for lawyers, there is the need to examine where client testimonials fit in the equation.

Long before social media, "BigLaw" firms flaunted their credentials on websites. These glowing descriptions detailed high-profile deals, complete with client names and transaction specifics.

Fast forward to today, and social media platforms like LinkedIn offer a new avenue for self-promotion. Statements like "We're pleased to have advised Bank XYZ..." are commonplace.

But what about smaller firms? To compete, they've turned to client testimonials - a form of social proof - to build trust with potential clients constantly seeking reputable legal representation.

In the legal profession, trust is the currency we trade. While glowing testimonials can sway some prospects, attracting clients requires much more than glowing testimonials.

Today’s clients seek lawyers they can trust to handle their legal issues competently. And while testimonials can be a piece of the puzzle, a strong reputation built on consistent professionalism, expertise, and ethical conduct is the most important.

The RPC doesn't explicitly address client testimonials. However, keeping the spirit of the RPC in mind; promoting professionalism and avoiding improper attraction of business is crucial when attracting clients. This awareness will guide your approach as you navigate the grey area of client testimonials.

Here are a few Cautious Approaches to adopt

1. Exercise Care: A good testimonial should focus on the client’s overall experience while confidential information about the client or the specific nature of the brief is excluded.
2. Consider referring your clients to platforms like Google My Business which provides for clients’ reviews and ratings, allowing potential clients to access genuine feedback.
3. Encourage clients (without pressure) to share their client experience on their own social media handles. Satisfied clients will easily do this.
4. Legal Education: Providing consistent legal education showcases your expertise and competence and gives prospects the comfort to trust and hire you.

?Client testimonials can be valuable in attracting clients, but they require careful handling. Lawyers can build trust and confidence while staying compliant with the RPC by focusing on client experiences, prioritizing legal education, and building genuine relationships.

Remember, trust is the lifeblood of legal practice. Building your reputation ethically and professionally will attract the right clients.

?

Thank you for reading this edition of The Business of Law Newsletter. If you find this newsletter useful, please share it with others.

Have further thoughts, views, or contributions? Leave a comment below. For inquiries or questions; send an email to [email protected]