New York lawyer advertising rules largely still in effect

Though last week’s federal court decision found a portion of New York’s new lawyer advertising rules unconstitutional and enjoined the state from enforcing those provisions, Attorney Will Hornsby, a recognized authority on legal ethics and author of Marketing and Legal Ethics, warns a large portion of the new rules stand intact.

…[L]ittle has changed [with the court’s ruling] for most law firms seeking clients in NY. You still need to label certain advertisements as “Attorney Advertisement”, including web sites. The name of the firm must still be on every page of a web site that does not use the firm’s name as its domain name. The firm must still state, “Prior results to not guarantee a similar outcome” under many circumstances. Many types of solicitations still need to be filed with the state. The decision restores the right of a firm to use testimonials from current clients and use mottos that imply results as long as they are otherwise not false or misleading. Otherwise the decision tends to backup the state’s rules.

Here’s the full decision for you.

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