Legal Ethics

Top NJ Court Voids 'Super Lawyer' Advertising Ban

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An opinion by the Advisory Committee on Attorney Advertising banning New Jersey lawyers from participating in publications touting them as “Super Lawyers” and “Best Lawyers in America” has been voided by the state’s top court as unconstitutional.

In a unanimous per curiam decision today (PDF), the New Jersey Supreme Court blames a problematic attorney ethics rule for the mistaken Opinion 39 (PDF) issued by the committee, and says the ethics rule needs to be revised.

The opinion asks the advertising committee to consider, on an expedited basis with the help of advisory committees on professional ethics and professional responsibility rules, potential changes to RPC 7.1(a)(2) and (3). Until that process reaches a conclusion, according to the opinion, any new challenge to Opinion 39 will not be considered.

Hat tip: Larry Bodine LawMarketing Blog.

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