This week, four presiding justices of New York’s appellate divisions agreed to comprehensive reforms on lawyer advertising. The proposed new rules (PDF) are pretty strict. Here are a few things ads and solicitations can’t include:

  • an endorsement of or testimonial about a lawyer or law firm from a current client
  • the portrayal of a judge, the portrayal of a lawyer by a non-lawyer, the portrayal of a law firm as a fictitious entity, the use of a fictitious name to refer to lawyers not associated together in a law firm, or otherwise imply that lawyers are associated in a law firm if that is not the case
  • depict the use of a courtroom or courthouse
  • utilize a nickname, moniker, motto or trade name that implies an ability to obtain results in a matter.
  • statements that are reasonably likely to create an expectation about results the lawyer can achieve
  • statements that compare the lawyer’s services with the services of other lawyers
  • statements describing or characterizing the quality of the lawyer’s or law firm’s services.

In addition, ads on tv and radio must contain a spoken statement that says it is “an advertisement for legal services” while written ads must state “Attorney Advertising” on the first page. All ads must include the name, office address and phone number of the lawyer or law firm being advertised.

Law firm websites can’t contain pop-up advertisements or meta tags or other hidden code that, if displayed “would violate a disciplinary rule.”

Attorneys also can’t solicit personal injury and wrongful death clients for 30-days after major disasters except in a few circumstances.

If you’re a lawyer in New York or an out-of-state lawyer looking to advertise in New York, this list of regulations is a must read. There is a 90-day public comment period (until Sept 15) and the rules are slated to take effect Nov. 1.

Source: Law.com: New York Courts Back Expansive Lawyer Ad Restrictions

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