Saturday, July 28, 2007

New York Advertising Restrictions Enjoined In Part

A recent decision of the United States District Court for the Northern District of New York has enjoined enforcement of some aspects of the more restrictive bar rules concerning attorney advertising. The decision does not affect the rules relating to direct solicitation of victims in the wake of an accident. There is a discussion of the rules that relate to web sites and domain names. The court notes some concern about forms of advertising that are protected by the First Amendment: "Without question, there has been a proliferation of tactless, and at times obnoxious, methods of attorney advertising. New technology and an increase in the types of media...has exacerbated this problem and made it more ubiquitous...the public perception of the legal profession has been greatly diminished."

The president of the New York state bar has issued a press release in response to the decision. (Mike Frisch)

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