Wednesday, December 17, 2008

NJ: Ethical for Lawyers to Advertise in Super Lawyers and Best Lawyers

Larry Bodine shared the following on LinkedIn today. Rather than rewrite his note, I share it here for your information:

"The New Jersey Supreme Court ruled today that it is ethical for lawyers to advertise in Super Lawyers and Best Lawyers listings -- striking a blow for lawyer's freedom of speech. Click here to read the 22-page ruling.

The ruling vacates the notorious Opinion 39 of the committee on Attorney Advertising, which ruled in July 2006 that advertising by lawyers with designation “Super Lawyers” or “Best Lawyers” is prohibited as a form of unethical comparative advertising that is also likely to create an unjustified expectation about the results the lawyer can achieve. See “Super Lawyers” and “Best Lawyers” Designations Banned in New Jersey.

The Supreme Court backed the findings of a Special Master who reported on June 18, 2008 that 'advertising by attorneys [is] a form of commercial speech protected by the First Amendment and may not be subjected to blanket suppression.'"

Personally, I'm don't believe we've seen the last of this ongoing issue but this is certainly a start.

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