Marketing Materials and Malpractice Exposure

摘要

It won't land you in court to exaggerate your firm's competencies in the heat of competing for market share, but it can create problems in defending a malpractice lawsuit. Attorneys for disgruntled clients suing to recover money for losses incurred by bad business decisions often seek evidence they can use to establish a CPA acted as a "manager" of the entity, for example. Practitioners unwittingly aid plaintiffs' lawyers in developing such a case when their advertising copy suggests they can serve as "a key member of the management team" or as "an advocate helping clients achieve success." This article explains how careless assertions in advertising can affect the outcome of lawsuits and gives examples of language to avoid and policies and procedures to follow to keep malpractice exposure from marketing materials to a minimum.