As indicated in my prior post, Judge Scullin of the NDNY granted an injunction against many provisions of the recently enacted New York lawyer advertising rules, about which I've blogged extensively in the past.
The decision grants the plaintiffs' request for an injunction barring the enforcement of the following rules, and also declares them to be unconstitutional in violation of the First Amendment:
Disciplinary Rules of the Code of Professional Responsibility contained in N.Y. Comp. Codes R. & Regs. tit. 22, §§ 1200.6(c)(1), (3), (5), (7), and (g)(1).
Let's take a look at the rules affected:
1200.6(c)(1), (3),( 5), and (7):
Section 1200.6 [DR 2-101] Advertising. (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.
1200.6(g)(1): (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...
So, will the State appeal it? My guess? Yep. What do you think?