There Are Three Reasons An Attorney Can NOT Guarantee A Result
People frequently call our office wondering if we guarantee our results. This comes up frequently in DUI & criminal cases and almost always in infraction defense.
There can’t be a guarantee in any legal action for a number of reasons. But there are three primary reasons, both ethical and practical, why an attorney can’t offer you a guarantee.
1. Unpredictability Built Into The System
Simply stated, an attorney doesn’t control the final outcome! There are many logical reasons why this is. It could be based on opposing counsel trickery, new evidence discovered late in discovery, the Judge or jury making bizarre interpretations, witnesses going sideways (or failing to show up at all), changes in policy of the Court, bench, or Prosecutor’s office, or bias of the jury. There are too many variables to perfectly predict any outcome.
2. The Need For Informed Consent
The need for informed consent (or intelligent consent) is imperative in the decision making process of a client. Without it, a client can’t truly make an intelligent decision. This is governed by the American Bar Association Rule of Professional Conduct 7.1.
This section is titled “Communications Concerning A Lawyer’s Services”. This section states “A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services.”
When a lawyer guarantees a win, it builds an inherently false expectation into the conversation because no legal outcome is 100%. Ethics boards, when reviewing a guarantee under the rule set out RPC 7.1, look at two factors:
a. A communication can be deemed misleading if it is likely to create an unjustified or unrealistic expectation about the result a lawyer can achieve. A guarantee of a win creates an inherently false expectation.
b. A communication can be deemed misleading if it omits a fact that is necessary to make the statement as a whole, not materially misleading.
By promising a specific result, without disclosing all variables, the attorney is omiting the fundamental reality of risk.
In addition to RPC 7.1, American Bar Association Model Rule 2.1 requires an attorney to exercise independent professional judgment and render candid, realistic advice.
3. A Guarantee Fosters Unscrupulous Implications
A guarantee is only possible in a system that is allowed to be rigged. Ethics Boards, when reviewing guarantees, reason that a guarantee suggests the lawyer might stoop to using improper, unethical or illegal means to achieve the promised result.
Therefore, ethics boards feel that a guarantee borders on suggesting the system is rigged. While many people in the criminal justice system feel aspects of it are inherently unfair, it is improper and unethical for a lawyer to suggest it is rigged or that there could be pre-determined outcomes.
If you or a loved one is facing a criminal charge in Kitsap County, Thurston County, or surrounding cities, give our office a call to see how we can help. (360) 792-1000 or Contact Us Today
