In our video (see blog post below), we talk about lawyer advertising. That commentary now must be supplemented. A twist to advertising for lawyers … at least in South Carolina … is that testimonials from clients are now permitted. Yes, there is a restriction: A disclaimer must be included to the effect that results for one client may not be duplicated in another matter.
But, the entire notion of confidentiality has now come into question. We could not disclose our client list, that violated the confidence of the client. We had to get permission to make any such disclosure. And most were reluctant to even ask clients for this permission. What now?
This will only be the first step toward the complete erosion of this rule and others like it. Yes, the client must participate. Yes, we must tell the truth. And, yes, the results in one matter do not guarantee that the same results will be achieved in a second matter.
We continue down the slippery slope of eroding those vestiges of the legal profession that are different from all other businesses.