The 2nd Circuit has upheld a decision by the U.S. District Court, Northern District of New York, that certain rules governing attorney advertising in New York violated the First Amendment. The rules that have been affected include those prohibiting testimonials from clients relating to pending matters, portrayals of judges or fictitious law firms, attention-getting techniques unrelated to lawyer or law firm competence and trade names or nicknames that imply an ability to get results. In ruling that these restrictions were unconstitutional, the Court of Appeals found that there was no evidence of actual consumer complaints regarding misleading attorney ads and that the state had failed to show that it was unable to address its concerns with a solution short of a blanket ban, such as requiring the use of disclaimers.
The court did uphold two restrictions, the portrayal of a fictitious law firm in an advertisement and the use of a targeted advertisement within 30 days following a specific accident.
U.S. Court of Appeals, 2nd Circuit. Alexander v. Cahill, No.07-3677. March 12, 2010. Lawyers USA No. 993-1694.
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