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Update: New York Lawyer Advertising Rules Lawsuit Filed and More Questions Raised at Seminar

Lawsuit To Be Filed Challenging New York Lawyer Advertising Rules

The new rules regarding lawyer advertising go into effect today. 

And, according to this Democrat and Chronicle article, a lawsuit challenging the new rules will be filed shortly:

Lawyer James Alexander of Alexander & Catalano said his firm would join with the Public Citizen Litigation Group of Washington, D.C., and the New York Civil Liberties Union to claim in a lawsuit that the rules impinge on lawyers' First Amendment rights.

I'd heard rumors of a possible lawsuit, now rumors no more.

Also, this morning I glanced over the web sites of a number of large New York and Rochester law firms and was surprised to see that none of the web sites that I viewed have included the term "attorney advertising" on their home page.  To say the least, I'm perplexed.  Eric Turkewitz of the New York Personal Injury Law Blog noted this lack of compliance as well in this post.

The only law firm web sites that I have seen that are in compliance, at least in regards to labeling the site "attorney advertising" on the home page, are web sites of a few law firms that advertise on television--those that were the "target" of the new rules.

I believe that my own blog and web site are in compliance as is--that is without the "attorney advertising" label--since they are "communications to...other lawyers"  [1200.1(k)] and thus are not "advertisments" as defined by the new rules.  In other words, since I only provide research and writing for other attorneys and do not represent non-lawyers, both my blog and web site are targeted toward other lawyers.  Accordingly, they are not advertisements under the rules since they are "communications to other lawyers". 

On another note, I'll be attending a seminar this afternoon on the new rules and will let you know if I learn anything new of interest.

My prior posts on the new rules can be found here.


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