What is the purpose of advertising? To market your services. How do you want to represent the quality of legal services which you can provide to potential clients to distinguish yourself from your competition? Perhaps, one of your marketing objectives may be to call attention to yourself as more qualified or more knowledgeable or more experienced or more successful than other lawyers in the market.

There’s the rub. And that is the reason why in 1987 the New Jersey Supreme Court created its Attorney Advertising Committee as an instrument to ensure that attorneys who want to market their services – and attorneys have a constitutional, but not unlimited, right to market their professional presence – in a manner that will effectively develop a clientele, as long as any such advertising is not false, deceptive or misleading, or runs counter to specific qualifiers by individual jurisdictions. Bates v. State Bar of Arizona, 433 U.S. 350, 383 (1977). But there are attorneys, and firms, who stretch marketing language to make use of hyperbole, based solely on the opinion, or hope, of the marketing attorney.

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