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Thursday, December 18, 2008

Courts - "NJ Supreme Court permits 'Super Lawyers' advertisements"

The ILB had a number of entries in 2006 on "Super Lawyers" and whether the designation could be included in a lawyer's advertising. The issue originated in New Jersey. Today the New Jersey Star-Ledger reports, in a story by Matthew Reilly:

Get ready, New Jersey: The Super Lawyers are coming!

The state Supreme Court ruled yesterday that lawyers who are named to lists such as "Super Lawyers" or "Best Lawyers in America" should be allowed to include that information in their advertising.

A committee of the court -- in a decision known as "Opinion 39" -- ruled two years ago that such advertising violated the Rules of Professional Conduct for lawyers. The panel said there was a prohibition against ads that are comparative or likely to create unjustified expectations about results.

Lawyers, however, contended that the advertising is a form of commercial speech protected by the First Amendment and not subject to blanket suppression. They were backed in June by a special master appointed by the court to review the issue.

The Supreme Court said it agreed with the special master's analysis that the ban on "truthful, fact-based claims in lawful professional advertising could be ruled unconstitutional..."

"That conclusion mandates that Opinion 39 be vacated," the court said.

The Supreme Court also asked three advisory committees to review and modify the rules on advertising. It said they should recommend changes that take into account concerns that such advertising could be misleading while respecting free speech.

"That balance must be struck in light of the analyses and recommendations presented in the report," the court wrote in its 22-page ruling.

How Appealing has a link to the opinion, here.

Posted by Marcia Oddi on December 18, 2008 09:46 AM
Posted to Courts in general