Are New York Lawyers' Ads That Misleading?
Is there something about New York lawyers which requires extensive control over their advertising?
Well according to, Law.com: N.Y. Courts Adopt Moderated Version of Lawyer Ad Rules, under
"the reform proposals embraced Tuesday, lawyers would be barred from soliciting mass tort clients within 30 days of a disaster, unless a filing requirement makes earlier contact critical. The rules also would be updated to encompass computer and Internet-based ads.Significant restrictions would be imposed on the use of fictionalization, and lawyers would be banned from using nicknames or monikers -- such as "heavy hitter" or "dream team" -- that imply an ability to obtain results.
Additionally, lawyers would face new requirements for filing and retaining their advertisements, which would be subject to review by grievance committees. And the judiciary would specifically exert jurisdiction over out-of-state attorneys advertising in New York." (my emphasis)
There is no mention of whether the advertisements would have to carry notification about whether the lawyer or law firm had professional insurance.
One of the supporters of the new restrictions, John DeFrancisco, stated
"I see the image of trial lawyers who happen to represent people in court being compromised by individuals who have advertisements that sound too aggressive, as if the job of the trial lawyer is to convince people to file lawsuits rather than to represent people with legitimate claims, said DeFrancisco, himself a trial lawyer. I thought a better balance should be struck and wrote to [Chief Judge Judith S. Kaye] about this a year ago".
Larry Bodine believes that "Could the courts come up with anything more anti-marketing and more prehistoric?" and wonders whether there will be a legal challenge to the restrictions.
While, the blog at Riverside wonders just how the exemptions will work, there are exemptions on soliciting a close friend, relative, or former or existing client.
Do people who visit your website, and made a comment fall under this exemption, I wonder?
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