Thursday, October 10, 2013
The question has arisen in New Jersey. The New Jersey Committee on Attorney Advertising has issued a guideline stating that a lawyercannot include a quotation or excerpt from a court opinion about the lawyer’s abilities or legal services. However, the lawyer may present the full text of
opinions containing compliments on a website or in advertising. Stand-alone quotations are considered “inherently misleading,” according to a comment by the state supreme court.
In Dwyer v. Cappell, a federal district judge held that the guideline does not violate the lawyer’s First Amendment rights, because it is a reasonable disclosure requirement. The case has been appealed to the Third Circuit.
You can read more here, from the ABA Journal for October 2013.