New York Law (NYLE) Practice Exam

When is a lawyer permitted to advertise their services in New York?

1. Only if approved by the bar association.

2. When it provides truthful information and is not misleading or deceptive.

3. Only when compared to their competitors' services.

4. When all potential outcomes are guaranteed in writing.

The correct answer is: When it provides truthful information and is not misleading or deceptive.

A lawyer in New York is permitted to advertise their services when the advertisement provides truthful information and is not misleading or deceptive. This aligns with the ethical guidelines and rules set forth by the New York State Bar regarding attorney advertising. The professional conduct rules emphasize the importance of honesty and clarity in promotional materials to protect the public from misinformation. In the context of this question, the focus on truthful and non-deceptive advertising reflects the overarching principle that legal advertisements must not create false expectations or misrepresent a lawyer's qualifications, experience, or the potential outcomes of legal services offered. The rules allow for a broad range of advertising as long as it adheres to these standards, thereby fostering transparency in the legal profession. The other choices involve conditions that are not prerequisites for legal advertising in New York. The requirement for approval by the bar association, for example, is not necessary for all advertisements, nor would comparing services to competitors or guaranteeing outcomes in writing meet the guidelines for acceptable advertising. Such stipulations could potentially lead to misleading impressions or unrealistic guarantees, which are explicitly discouraged in legal advertising regulations.