Posted Jul 27, 2007 12:57 pm CDT
Don’t blame a New York State Bar Association task force for the advertising rules struck down by a federal judge.
None of the overturned rules had been proposed by the task force, the New York Law Journal reports. Instead, they were all additions by four presiding justices of New York Appellate Division departments. The justices used task force recommendations to develop the rules, implemented on Feb. 1.
Only a few of the rules bit the dust on Friday. Provisions held unconstitutional include bans on nicknames that suggest an ability to get results, portrayals of judges, portrayals of lawyers exhibiting characteristics unrelated to competence, and client testimonials about pending matters.
State bar President Kathryn Grant Madigan told the legal newspaper that the overturned rules are most important to plaintiffs lawyers. “To the personal injury lawyer on Main Street, this is a bread-and-butter issue,” she said.
The plaintiffs firm that challenged the rules, Alexander & Catalano, has taped new ads that feature client testimonials and the tagline “heavy hitters.” Unless a stay is issued, they will hit the airwaves on Monday.