I just got this from LexBlog’s blog. Public Citizen advocacy group issues a press release entitled, “Public Citizen Wins Injunction Against Unconstitutional Rules.”
Basically with these rules reversed in NY, it seems to me more personal brand marketing opportunities should be available (again):
- You can use testimonials from a client, with a pending case.
- You can use a nickname or tagline that affirms some kind of result. (Of course, be careful.)
- You can use a domain name that affirms some kind of result. (Ditto.)
- You can use an acted skit to illustrate your marketing message.
- You can advertise your hobbies & style to market your personal brand.
Here are the relevant excerpts from the Press Release…
“In a victory for First Amendment rights, [The U.S. District Court for the Northern District of New York] permanently enjoined enforcement of most of the challenged rules against attorney advertising, including rules against attention-getting techniques, the use of nicknames and mottos, the use of client testimonials, the portrayal of judges and the use of Internet pop-up ads.
…
It noted that the state had not produced any evidence that its restrictions on speech were necessary to protect consumers and found that the prohibitions were much broader than necessary to accomplish the state’s claimed objectives.”
You can read the actual full decision here. Basically, these compliance codes are no longer applicable:
The first group of amendments addresses restrictions on potentially misleading advertisements and consists of several rules:
N.Y. Comp. Codes R. & Regs. tit. 22, § 1200.6:
(c) An advertisement shall not:
(1) include an endorsement of, or testimonial about, a lawyer or law firm from a client with respect to a matter still pending;
* * *
(3) include the portrayal of a judge, the portrayal of a fictitious law firm, the use of a fictitious name to refer to lawyers not associated together in a law firm, or otherwise imply that lawyers are associated in a law firm if that is not the case;
(5) rely on techniques to obtain attention that demonstrate a clear and intentional lack of relevance to the selection of counsel, including the portrayal of lawyers exhibiting characteristics clearly unrelated to legal competence;
* * *
(7) utilize a nickname, moniker, motto or trade name that implies an ability to obtain results in a matter.
(g) A lawyer or law firm shall not utilize:
(1) a pop-up or pop-under advertisement in connection with computer-accessed communications, other than on the lawyer or law firm’s own web site or other internet presence . . . .
N.Y. Comp. Codes R. & Regs. tit. 22, § 1200.7:
(e) A lawyer or law firm may utilize a domain name for an internet web site that does not include the name of the lawyer or law firm provided:
(1) all pages of the web site clearly and conspicuously include the actual name of the lawyer or law firm;
(2) the lawyer or law firm in no way attempts to engage in the practice of law using the domain name;
(3) the domain name does not imply an ability to obtain results in a matter; and
(4) the domain name does not otherwise violate a disciplinary rule.
Though lawyers who charge clients must still notify consumers with the words “ATTORNEY ADVERTISING”. Non-profit lawyers who don’t charge clients no longer have to say this - according to the Court’s ruling.
Some argue that more compliance leads to more ethical behavior. While some legislation can help (and make a public statement), ultimately it’s our responsibility as professionals to market ourselves ethically. Likewise, it is our responsibility as consumers to be aware. In both ways, marketing your personal brand through an educational blog helps.
Controversy - through contrarian behavior, does create INSTANT BUZZ. Though, it’s better to be safe, than sorry. While these compliance rules have been reversed in NY, use common sense & disclose your marketing appropriately.
BTW: As consumers, we can enjoy being marketed to… it makes us like you better. Marketing icons have become part of our Americana. And many commercial tag lines have turned into American phrases. Brands have fan clubs. Make us part of your marketing experience, and you’ll engage us as clients before you know it!
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