73 The Alabama Lawyer 41 (2012). Welcome to the Trophy Generation: Exaggeration of Your Legal Experience Can Lead to Trouble.

• Author: By Robert R MacKenzie, III

Alabama Bar Journal

2012.

73 The Alabama Lawyer 41 (2012).

Welcome to the Trophy Generation: Exaggeration of Your Legal Experience Can Lead to Trouble

Welcome to the Trophy Generation: Exaggeration of Your Legal Experience Can Lead to TroubleBy Robert R MacKenzie, IIIIt had been a long T-ball season

for the Blue Jays. The team of six-year-olds had lost all eight games at Carmichael Field. Now having faced the undefeated Orioles, the season came to a merciful ending with the last out. The Orioles walked away with an 11 -1 win. Both teams met at home plate and after shaking hands, the players went back to their dugouts. While the game and season were over, the "celebration" was just about to begin. Amid cameras flashing, each player from the Blue Jays was given a trophy. The champion Orioles followed. The recognition was not for games won or lost, or play on the field. There would be no distinction in the size or shape for the trophies given to the Blue Jays versus the Orioles. Rather, everybody who played had to have a trophy. Everybody was an All-Star.

Today, the legal profession has joined the trophy generation. Every facet from client development to law schools to even the judiciary has been affected. Various services now rank the legal profession as if we are teams vying for the Bowl Championship Series-"Top Forty," "Super Lawyers," "Best Lawyers," "Top Lawyers, "Tip Top Lawyers." Everyone wants to be recognized. The temptation for recognition by misrepresenting one's experience, however, comes with a huge risk. Claims of exaggeration are increasingly the basis of suits for legal malpractice and bar complaints. Alabama has joined the majority of states which recognize a cause of action against an attorney for misrepresenting credentials. Likewise, bar complaints now include claims of over-blown descriptions of success. The need to exaggerate is likely a product of the tough economic times which have led to the increased competition for legal work. Moreover, the Internet has provided an almost unchecked forum for lawyers to describe their legal skills.

In an effort to attract clients, some attorney websites now read like a John Grisham novel. It is not enough to simply be a litigator but, rather, many are self-described as complex litigators. There are no longer routine commercial transactions, only the sophisticated ones. Divorces are only accepted if they are high-end. Such descriptions are in keeping with the times. We live in a world where any airport like Birmingham with more than a direct flight to Atlanta now includes the word "International" within its name. There was a certain comic relief if not irony when a recent CLE speaker jokingly introduced himself to a crowded room of lawyers by saying, "Just like each of you, I am a Superlawyer."

While self-promotion is allowed within the practice of law, unchecked statements are not good for the profession. Every lawyer appreciates recognition. Yet, self-promotion based upon false pretenses can lead to trouble. Such an observation is not meant to silence well-deserved accolades or reputations. Lawyers are allowed substantial latitude to describe their skills.

Historically, Alabama courts have been reluctant to hold attorneys liable for inflating their experience. In Lawson v. Caglc 504 So.2d 226 (Ala. 1997), a Mississippi lawyer found himself the subject of a suit when the client failed to receive a $1,000,000 recovery which the attorney had allegedly guaranteed. The plaintiff had been injured in an accident in Mississippi and hired an Alabama lawyer to file suit in Mississippi. The Mississippi attorney was subsequently retained as co-counsel. A dispute arose between the attorneys as to the direction of the case. To gain control, the Mississippi attorney purportedly stated he could "guarantee" the plaintiff a $1,000,000 recovery if the chent would allow the Mississippi attorney to maintain the case. The client selected the Mississippi attorney based upon this representation. The client, however, failed to recover any settlement or verdict, much less the $1,000,000 allegedly guaranteed.

The client then brought a fraud claim against the Mississippi attorney based upon the $1,000,000 representation. The case proceeded to trial, where the jury awarded the plaintiff $2,500,000. On appeal, the verdict was reversed. The Alabama...