U.S. Court of Appeals rules New York Attorney Advertising Rules: UNCONSTITUTIONAL
Posted in REPUTATION, Controls, Target market, Compliance on Apr 28th, 2010 1 Comment »
I have been speaking about this for the past month... on Friday, Mark Bullock & I will be presenting a CLE seminar to the New York State Council for Divorce Mediation. We will be sharing many marketing techniques for up and coming divorce mediators. Many of them are practicing attorneys, and thus must comply with the attorney advertising codes of ethics.
March 12, 2010: U.S. Court of Appeals for the Second Circuit ruling: New York’s lawyer advertising rules are unconstitutional http://www.law.com/jsp/nylj/PubArticleFriendlyNY.jsp?id=1202446174823&hbxlogin=1
HERE'S MY SUMMARY OF THEIR RULING:
- Actors can portray judges but not fictitious law firms
- Testimonials from current clients relating to pending matters are OK
- Attention-getting techniques unrelated to attorney competence are OK (except claims that cannot be measured/verified)
- Nicknames, Mottos, Trade Names, & Logos – even implying results – are OK
UPHELD – Moratorium on targeted advertising
Of course, the ABA professional responsibility Attorney Advertising disclaimers remain: For example, when using testimonials, etc., attorneys should use what I call “The Weightwatchers Disclaimer": Prior results do not imply future results.



Several recent experiences, both personally and professionally, with my clients & others have deeply reinforced to me what I’ve held as an accurate & authentic formula for what it takes to be successful as a Practicing Professional. I assert it holds true regardless of the state of the economy, or almost any other forces we may encounter. In fact this (not so) secret formula seems to hold whether you are a practicing professional, a business owner or an employee. I assert that the (not so) secret formula, as it became more apparent to me a few years ago, is simply the following:

At the risk of relating our clients to cash cows, our brand is meant to be a sign of ownership over them. That means we should first and foremost be "branding" our clients. They should know our branding irons... our marketing materials, especially a














