Ordinary Lawyers Win Victory
The New Jersey Committee on Attorney Advertising ruled that the attorney ranking system violates the state's rules of professional conduct.
August 31, 2006 at 08:00 PM
3 minute read
The New Jersey Committee on Attorney Advertising, appointed by the New Jersey Supreme Court, ruled July 19 that the attorney ranking system “Super Lawyers” and the publication, “Best Lawyers in America” violate the state's rules of professional conduct.
According to the opinion, the advertisements violate the prohibition against ads that are comparative in nature or are likely to create an unjustified expectation about the results a particular attorney can achieve.
“When a potential client reads such advertising and considers hiring a 'super' attorney, or the 'best' attorney, the superlative designation induces the client to feel that the results that can be achieved by this attorney are likely to surpass those that can be achieved by a mere 'ordinary' attorney,” the opinion says. “This simplistic use of a media-generated sound bite title clearly has the capacity to materially mislead the public.”
In addition to prohibiting the use of the moniker of “Super Lawyers,” the committee also found that the placement of any self-laudatory attorney advertisement in the New Jersey Monthly's “Super Lawyers” section is prohibited.
The New Jersey ruling comes on the heels of a landmark legal advertising reform bill weaving its way through New York. The proposed New York rules, which will go into effect Nov. 1, 2006, would prohibit lawyers from using paid endorsements or using trade names or mottos that suggest an ability to achieve results.
The New Jersey Committee on Attorney Advertising, appointed by the New Jersey Supreme Court, ruled July 19 that the attorney ranking system “Super Lawyers” and the publication, “Best Lawyers in America” violate the state's rules of professional conduct.
According to the opinion, the advertisements violate the prohibition against ads that are comparative in nature or are likely to create an unjustified expectation about the results a particular attorney can achieve.
“When a potential client reads such advertising and considers hiring a 'super' attorney, or the 'best' attorney, the superlative designation induces the client to feel that the results that can be achieved by this attorney are likely to surpass those that can be achieved by a mere 'ordinary' attorney,” the opinion says. “This simplistic use of a media-generated sound bite title clearly has the capacity to materially mislead the public.”
In addition to prohibiting the use of the moniker of “Super Lawyers,” the committee also found that the placement of any self-laudatory attorney advertisement in the New Jersey Monthly's “Super Lawyers” section is prohibited.
The New Jersey ruling comes on the heels of a landmark legal advertising reform bill weaving its way through
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