How to Publish Case Results Within the Rules

Case results are the strongest evidence a firm holds and the most heavily regulated thing it can publish, which is why most results pages are a list of numbers that persuade nobody. The regulation is not the obstacle it appears to be. What weakens a results page is usually the absence of context rather than the presence of a disclaimer.

What the rules generally require

Most jurisdictions require that a published result not create an unjustified expectation, which in practice means a disclaimer that outcomes depend on the facts of each matter, and care with anything that reads as a prediction. Some require the disclaimer to be as prominent as the claim rather than in small type at the foot.

Client consent is the other constraint and it is often the binding one. A settlement subject to a confidentiality term cannot be published even in outline, and a firm’s best results are disproportionately likely to be the confidential ones.

Why a list of figures fails

A number on its own gives the reader nothing to reason with, because they cannot tell whether the figure was good for that matter. Two million on a catastrophic injury with clear liability may be a poor outcome; two hundred thousand on a contested minor injury may be an excellent one.

What makes a result persuasive is the difficulty. What the other side argued, what was contested, what the offer was before the firm became involved. That is the part a reader can evaluate, and it is the part that is almost always missing.

The structure that works

Matter type, what was in dispute, what the position was at the outset, what changed, and the outcome. Five short elements, each one sentence, and the outcome last rather than first.

That structure also solves the confidentiality problem for many matters, because a result described without the figure is still evidence. A firm that cannot publish the number can publish that a disputed liability claim resolved before trial after a particular argument succeeded, and for a reader deciding between firms that is more informative than a figure with no story.

Keeping the page honest

Publish the losses proportionally, or say nothing about win rates. A page of exclusively favourable outcomes invites the inference that it is selective, which it is, and a reader who reaches that conclusion discounts everything on it.

Where a firm is new and has few results, say so rather than padding with matters handled elsewhere by individual attorneys. Attributing a previous firm’s result to the current one is common, rarely disclosed, and is the kind of thing that reads as dishonest the moment a reader notices the dates.

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This is one attribute of the firm described in how an injury firm presents itself to a searching client. That practice area sits inside the rest of what a searching client is shown.

Frequently asked questions

What do the rules generally require on a case results page?

That a published result does not create an unjustified expectation, which in practice means a disclaimer that outcomes depend on the facts of each matter and care with anything reading as a prediction. Some jurisdictions require the disclaimer to be as prominent as the claim rather than in small type.

Why does a list of settlement figures fail to persuade?

Because a number alone gives the reader nothing to reason with. Two million on a catastrophic injury with clear liability may be a poor outcome, and two hundred thousand on a contested minor injury may be an excellent one. What persuades is the difficulty, which is usually missing.

What structure works for a case result?

Matter type, what was in dispute, what the position was at the outset, what changed, and the outcome last rather than first. Five short elements, each one sentence.

What if a result is confidential?

It can often still be published without the figure, and a result described without a number is still evidence. A disputed liability claim that resolved before trial after a particular argument succeeded is more informative to a reader choosing between firms than a figure with no story.

Should a firm publish only its wins?

A page of exclusively favourable outcomes invites the inference that it is selective, which it is, and a reader reaching that conclusion discounts everything on it. Publish losses proportionally or say nothing about win rates, and where a firm is new, say so rather than attributing results earned at a previous firm.

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