{"id":4225,"date":"2005-11-18T23:33:46","date_gmt":"2005-11-19T03:33:46","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/formerlyknownas\/2005\/11\/18\/more-dignity-police-ny-bar-di"},"modified":"2011-08-05T14:54:23","modified_gmt":"2011-08-05T18:54:23","slug":"more-dignity-police-ny-bar-disses-lawyer-advertising","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/2005\/11\/18\/more-dignity-police-ny-bar-disses-lawyer-advertising\/","title":{"rendered":"more dignity police: ny bar disses lawyer advertising"},"content":{"rendered":"

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If you’ve been\u00a0listening to radio stations in New York State, this month,<\/FONT><\/DIV>
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you might have heard this little “public eduation” <\/FONT>spot, <\/FONT>part of a series <\/FONT><\/DIV>
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modestly called “<\/FONT>Beacon of Justice<\/STRONG><\/FONT><\/A>” (via Will Hornsby<\/STRONG><\/FONT><\/A>)<\/FONT>:<\/FONT><\/DIV>
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“This is Vince Buzard<\/STRONG><\/FONT><\/A>, president of the New York State Bar <\/FONT><\/DIV>
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Association. Do you feel bombarded by lawyer advertising? <\/FONT><\/DIV>
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Here\u2019s some advice. If you need a lawyer, ask another lawyer <\/FONT><\/DIV>
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for a recommendation. Or ask friends, or business associates, <\/FONT><\/DIV>
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or call the State Bar Association for a referral. Attorneys have <\/FONT><\/DIV>
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a constitutional right to advertise, but billboards and the Yellow <\/FONT><\/DIV>
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Pages don\u2019t necessarily provide the information you need. A <\/FONT><\/DIV>
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message from the New York State Bar Association in cooperation <\/FONT><\/DIV>
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with the New York State Broadcasters Association.” <\/FONT><\/DIV><\/BLOCKQUOTE>
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That’s right, the NYSBA<\/FONT><\/STRONG><\/A> would like\u00a0consumers to ignore lawyer advertising.\u00a0\u00a0\"BuzardMug\"<\/FONT><\/DIV>
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Indeed, their 108th President, <\/FONT>A. Vincent Buzard<\/STRONG><\/FONT><\/A>,\u00a0has\u00a0proudly confessed \u00a0<\/FONT><\/DIV>
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he wants<\/STRONG><\/FONT><\/A> to limit lawyer advertising “to the fullest extent permitted, within <\/FONT><\/DIV>
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the limitations of the First Amendment.”\u00a0 “It’s bothered me for years,” Buzard <\/FONT><\/FONT><\/DIV>
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recently said of attorney ads. “This is my year to do something, this is my <\/FONT><\/FONT><\/DIV>
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chance.” (Buffalo News<\/STRONG><\/FONT><\/A><\/EM>, “Focus: Attorney Advertising,” Nov. 12, 2005)\u00a0 So, <\/FONT><\/FONT><\/DIV>
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Buzard\u00a0worked up this nifty ad and appointed a\u00a0Task Force\u00a0on Attorney Ad-<\/FONT><\/DIV>
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vertising, <\/FONT>which issued a 130-page Report<\/FONT><\/STRONG><\/A> on Nov. 5, 2005.\u00a0 <\/FONT><\/FONT><\/DIV>
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\u00a0<\/DIV>
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Let’s take a quick look at <\/FONT>each initiative (including the Report’s treatment of <\/FONT><\/DIV>
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websites and weblogs).\u00a0 <\/FONT><\/DIV>
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<\/FONT>\u00a0<\/DIV>
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The Anti-Ad Public Relations Campaign Ad<\/FONT><\/A><\/STRONG>, <\/FONT><\/FONT>Buzard’s advice if you need a lawyer <\/FONT><\/DIV>
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is: <\/FONT>“ask another lawyer for a recommenda<\/FONT><\/EM><\/FONT>tion. <\/FONT>Or ask friends, or business associ-<\/EM><\/FONT><\/DIV>
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ates, <\/EM><\/FONT>or call the State Bar Association <\/EM><\/FONT><\/FONT>for a referral<\/EM>.<\/FONT>”\u00a0 None of these alternatives <\/FONT><\/DIV>
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seems <\/FONT>particularly helpful to the <\/FONT>“average” consumer to whom typical lawyer adver-<\/FONT><\/DIV>
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tising <\/FONT>is targeted.\u00a0\u00a0Very few middle-. modest- or lower-income Americans have a <\/FONT><\/DIV>
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“family lawyer” to turn to for advice.\u00a0 (By <\/FONT>some<\/STRONG><\/FONT><\/A> estimates, 80% of the legal needs <\/FONT><\/FONT><\/DIV>
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of the poor and working poor <\/FONT>are unmet, and 150 million Americans have no viable <\/FONT><\/FONT><\/DIV>
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access to the court system.\u00a0 Last year, the NY Office of Court Administration <\/FONT>cited<\/STRONG><\/FONT><\/A> <\/FONT><\/DIV>
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a study by NYSBA that estimates there are annually\u00a0“a total of approximately 2.5 <\/FONT><\/FONT><\/DIV>
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million legal problems for which no lawyer is available” to poor households in New <\/FONT><\/FONT><\/DIV>
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York.)\u00a0<\/FONT><\/FONT><\/DIV>
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<\/FONT><\/FONT>\u00a0<\/DIV>
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If you do happen to know a lawyer from a house closing, divorce, or criminal <\/FONT><\/FONT>matter, <\/FONT><\/DIV>
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just how happy is he or she going to be when you call seeking a recommen<\/FONT>dation, <\/FONT><\/DIV>
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and\u00a0how objective will that recommendation be?\u00a0\u00a0 <\/FONT>Yes, you could ask your friends, <\/FONT><\/DIV>
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but how knowledgeable will they be — and how do you judge the value of their <\/FONT><\/DIV>
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advice?\u00a0 <\/FONT><\/DIV>
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mid-argument<\/FONT><\/SPAN><\/DIV>
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the senior partner<\/FONT><\/SPAN><\/DIV>
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has a senior minute<\/FONT><\/SPAN><\/DIV>
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<\/FONT><\/SPAN>\u00a0<\/DIV>
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\u00a0\u00a0 dagosan<\/STRONG><\/FONT><\/A> [Nov. 9, 2005]<\/FONT><\/FONT><\/SPAN><\/DIV><\/DIV><\/BLOCKQUOTE><\/BLOCKQUOTE><\/BLOCKQUOTE><\/BLOCKQUOTE><\/BLOCKQUOTE><\/BLOCKQUOTE><\/BLOCKQUOTE><\/BLOCKQUOTE>
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<\/FONT>\u00a0<\/DIV>
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Buzard’s last suggestion\u00a0\u00a0— calling the <\/FONT>State Bar <\/FONT>Associ<\/FONT>ation for a referral — is <\/FONT><\/FONT><\/FONT><\/DIV>
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both bogus and self-serving.\u00a0 We’ve discussed the weaknesses of the lawyer <\/FONT><\/FONT><\/FONT>referral <\/FONT><\/FONT><\/FONT><\/DIV>
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service\u00a0<\/FONT><\/FONT><\/FONT>model at length here<\/FONT><\/STRONG><\/A>, concluding, “From the consumer’s point of view <\/FONT><\/FONT>there <\/FONT><\/FONT><\/DIV>
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are <\/FONT><\/FONT>several major problems <\/EM>with the traditional LRS model, the cumulative <\/FONT><\/FONT>effect <\/FONT><\/FONT><\/DIV>
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of <\/FONT><\/FONT>which is to make the service only slightly better in most instances than <\/FONT><\/FONT>using <\/FONT><\/FONT><\/DIV>
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the <\/FONT><\/FONT>Lawyers by Practice Area section of the Yellow Pages:”<\/FONT><\/FONT><\/DIV>
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<\/FONT>\u00a0<\/DIV>
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The typical consumer in need of a lawyer needs all the sources of information <\/FONT><\/DIV>
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he or she can get to make a good choice.\u00a0 Advertising is one way to discover <\/FONT><\/DIV>
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who is looking for clients with particular problems.\u00a0 For more ideas on how to <\/FONT><\/DIV>
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find and choose a lawyer, see Shopping for a Lawyer<\/FONT><\/STRONG><\/EM><\/A>, from the legal reform<\/FONT><\/DIV>
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group HALT.<\/FONT><\/DIV>
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\u00a0\"microphoneG\" See PR or Parody<\/STRONG><\/FONT><\/EM><\/A> for our previous discussion<\/FONT><\/DIV>
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of NYSBA’s public relations campaigns.<\/FONT><\/DIV><\/BLOCKQUOTE><\/FONT>
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<\/FONT>\u00a0<\/DIV>
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The Report of the Task Force on Advertising<\/FONT><\/A><\/STRONG>.\u00a0 It was no surprise for me\u00a0that <\/FONT><\/FONT><\/DIV>
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Buzard’s Task Force has written a Report\u00a0adopting in full the Advertising <\/FONT><\/STRONG><\/A>Guidelines<\/FONT><\/STRONG><\/A>\u00a0<\/FONT><\/FONT><\/DIV>
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of the Monroe County [NY] <\/FONT>Bar Association (press release<\/STRONG><\/FONT><\/A>, May 9, 2005), <\/FONT>which <\/FONT><\/DIV>
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were\u00a0shepherded into being by <\/FONT>Buzard himself.\u00a0\u00a0<\/FONT>\u00a0Our major concerns\u00a0over the MCBA<\/FONT><\/DIV>
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Guidelines are discussed <\/FONT>in\u00a0this prior post<\/STRONG><\/FONT><\/A>, which\u00a0states that “There is simply too <\/FONT><\/DIV>
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much leeway here for meddlesome interference and deterrence, with little more at <\/FONT><\/DIV>
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stake than the profession’s Image.”<\/FONT><\/DIV>
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<\/FONT>\u00a0<\/DIV>
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According to the MCBA Press Release last May:<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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“The MCBA had adopted these guidelines to promote knowledge and
respect for the New York Lawyers Code of Professional Responsibility,
and to encourage responsible and informative advertising by attorneys.\u00a0
In essence, the MCBA guidelines state that lawyer advertising should be
true, accurate, clear, fair, relevant, rational and jurisdictionally proper.”<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV><\/BLOCKQUOTE><\/DIV>
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Their goals sound harmless, but the thrust of the Guidelines is clearly to <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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put\u00a0a chill on tv ads deemed inappropriate by the Dignity Police.\u00a0 For <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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example, here are three important Guidelines, in full:<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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Fair: <\/STRONG>Advertising that recreates, dramatizes, or simulates situations <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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or persons should fairly represent the underlying facts and properly <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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disclose that they have been staged.<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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<\/STRONG><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>\u00a0<\/DIV>
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Relevant<\/STRONG>: All information should be relevant to the thoughtful\u00a0 \"lawyer<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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selection of counsel, and devices, such as puffery, that are likely <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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to hinder this process should be minimized.<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>\u00a0<\/DIV>
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Rational<\/STRONG>: Pictures and other stylistic elements should be used <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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to reinforce rational considerations, and should not unduly frighten, <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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inflame, or otherwise manipulate viewers into ignoring rational con-<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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siderations. Lawyer advertising should not be likely to shock or <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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offend a substantial segment of the community or to foster disrespect <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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for the law, the legal profession, or the judicial system.<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV><\/BLOCKQUOTE>
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My\u00a0reaction as a former antitrust lawyer is that MCBA <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>is running the <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>risk of violating\u00a0<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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the antitrust laws with subjective and overly-restrictive <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>guidelines — <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>especially <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>by linking <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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them to a compliance-and-monitoring <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>system. The <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>Guideline Committee will accept\u00a0<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>requests <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>for advisory opinions and<\/EM> complaints about <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>violations (which\u00a0will <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>surely come <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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from competitors, from the bar’s Dignity Police, <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>and <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>maybe even from ‘tort reformers’); <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>the committee <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>will also ‘suggest’ <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>modifications <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>to the ads and recommend that the <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>Association’s <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>Board make public the refusal\u00a0by a <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>lawyer to modify ads deemed <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>inappropriate.”<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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“journalist F”\u00a0 Ironically, the MCBA Advertising Review Committee had <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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to\u00a0<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>shut down shortly after it opened for business, because it was<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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interfering with (and angering) the State’s Grievance Commit-<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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tee, and could not work out a compromise.<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV><\/BLOCKQUOTE>
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In addition to adopting the MCBA Guidelines, the Task Force <\/FONT><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>now proposes that all <\/FONT><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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advertising be filed with a central authority at the time it is published, <\/FONT><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>retained for at <\/FONT><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>least four years, and subjected to random audit and investigation.\u00a0 Perhaps taking<\/FONT><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/DIV>
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a cue from real estate trade associations (our <\/FONT>prior post<\/STRONG><\/FONT><\/A>), it <\/FONT><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN>hopes <\/FONT><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT>to insulate the <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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currently recommended advertising\u00a0review committee from antitrust <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>assault (and to <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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get around the Grievance Committee)\u00a0by having a governmental <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>body <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>appoint and\/or\u00a0<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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oversee it.\u00a0 <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>\u00a0<\/DIV>
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\u00a0\"BuzardMugS\" Like yesterday<\/FONT><\/STRONG><\/A>‘s mistaken decision<\/FONT><\/STRONG><\/A> in Florida Bar Assn v. John Pape and Marc <\/EM><\/FONT><\/DIV>
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Chandler, <\/EM>the Task Force proposes major restrictions on advertising in the name of <\/FONT><\/DIV>
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consumer protection and the avoidance of deception, with absolutely no evidence of <\/FONT><\/DIV>
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consumer harm.\u00a0 The Report states that “although a very small\u00a0minority of the ads <\/FONT><\/DIV>
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could be\u00a0categorized as\u00a0false or deceptive on their face,” about a third of the 119 ads <\/FONT><\/DIV>
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reviewed by Task Force members were found to be deceptive.\u00a0 Given the inability to <\/FONT><\/DIV>
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verify their findings, I am quite dubious of the significance of this claim.\u00a0 One reason <\/FONT><\/DIV>
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is the admission in the Report that the “most widespread impropriety” was the failure <\/FONT><\/DIV>
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to give either the firm’s name, address, or telephone numbers in the ads.\u00a0 In addition, <\/FONT><\/DIV>
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the Task Force clearly includes a failure to inform the audience that an ad is “staged” <\/FONT><\/DIV>
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or uses actors in the deceptive category.\u00a0 Yet annother reason\u00a0is the acknowledgement <\/FONT><\/DIV>
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in the Report\u00a0that numerous members of the Task Force wanted to remove the materiality <\/FONT><\/DIV>
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requirement for a finding of deception. <\/FONT><\/DIV>
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<\/FONT>\u00a0<\/DIV>
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Here are some of the other findings and recommendations in\u00a0 <\/FONT><\/DIV>
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the Report, which chose not<\/EM> to define “advertising”<\/FONT>:<\/FONT><\/DIV>
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– the lawyer or law firm’s name, actual street address, plus\u00a0OCA registration <\/FONT><\/DIV>
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address (if different), and telephone numbers are required in every ad\u00a0(and must <\/FONT><\/DIV>
\n
be on home page of a website)<\/FONT><\/DIV>
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<\/FONT>\u00a0<\/DIV>
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\n
– websites and weblogs by lawyers are advertising <\/FONT><\/DIV><\/DIV>
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<\/FONT>\u00a0<\/DIV>
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– the sponsor of a website or weblog must file any material change<\/EM> in\u00a0the\u00a0\u00a0 \"journalist\"<\/FONT><\/DIV>
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website, and retain the information\u00a0for four years (electronic <\/FONT>methods <\/FONT>of retention <\/FONT><\/DIV>
\n
are allowed)<\/FONT><\/DIV>
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<\/FONT>\u00a0<\/DIV>
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– the rule that a lawyer may not practice under a trade name should be continued<\/FONT><\/DIV>
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<\/FONT>\u00a0<\/DIV>
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– certain website URLs are unprofessional and distasteful (e.g<\/EM>., “<\/FONT>Vioxxattorney.com<\/FONT>“), <\/FONT><\/DIV>
\n
and although they can’t be regulated for\u00a0taste, they can be regulated as a trade name <\/FONT><\/DIV>
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that should be prevented.\u00a0 Mandatory filing and auditing are needed to allow regulation <\/FONT><\/DIV>
\n
of such URL advertising. <\/FONT><\/DIV>
\n
<\/FONT>\u00a0<\/DIV>
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– placement in Google or Yahoo! results that are not random (e.g<\/EM>., due to content-gen-<\/FONT><\/DIV>
\n
erated ads or payment for placement)\u00a0may be analogous to\u00a0“paying a chaser;”\u00a0 there-<\/FONT><\/DIV>
\n
fore, <\/FONT>random review of internet ads are needed to police such activity<\/FONT><\/DIV>
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\u00a0<\/DIV>
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– fee information in any ad must be honored for specified periods, and for at least 30 <\/FONT><\/DIV>
\n
days<\/FONT><\/DIV>
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<\/FONT>\u00a0<\/DIV>
\n
– a firm may not say that it has a specialty, specializes in, or has specialists in a <\/FONT><\/DIV>
\n
particular field (unless certified by an ABA-approved body); <\/FONT><\/DIV>
\n
<\/FONT><\/FONT>\u00a0<\/DIV>
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\"trust<\/FONT><\/DIV>
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\u00a0<\/DIV>
\n
–\u00a0attorneys\u00a0should be required\u00a0to certify on their biennial registration that they have\u00a0 <\/FONT><\/DIV>
\n
complied with advertising rules, under penalty of perjury<\/FONT><\/DIV><\/BLOCKQUOTE><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>
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Despite all of its protestations about not regulating taste or content, the Report of the <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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NYSBA <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>Task Force on Advertising is clearly,\u00a0in its parts and its entirety, <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>more about\u00a0promoting <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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“professional dignity” and propriety —\u00a0by stifling advertising — than <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>about legitimate, pro-compe-<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
titive, consumer protection.\u00a0 Comments to Rules 7.1 and\u00a0\u00a0<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>7.2 <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>of <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>the ABA’s Model Rules are far <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
more in accord with the spirit of the First Amendment <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>and consumer sovereignty.\u00a0 They are <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
very adequate guidelines — for both lawyers and their regulators — and are well worth repeating <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
here:<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n

\n
<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>Comment to Rule 7.1 <\/FONT><\/STRONG><\/A>Communications Concerning a Lawyer’s Services<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>\u00a0<\/DIV>
\n
<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>[2] Truthful statements that are <\/I>misleading are also prohibited by this Rule. A <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
truthful statement is misleading if it omits a fact necessary to make the lawyer’s <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
communication considered as a whole not materially misleading. A truthful state-<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
ment is also misleading if there is a substantial likelihood that it will lead a reas-<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
onable person to formulate a specific conclusion about the lawyer or the lawyer’s <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
services for which there is no reasonable factual foundation.<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>\u00a0<\/DIV>
\n
[3] An advertisement <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>that truthfully reports a lawyer’s achievements on behalf of <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
clients or former clients <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>may be misleading if presented so as to lead a reasonable <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
person to form an un<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>justified expectation that the same results could be obtained <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
for other clients in <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>similar matters without reference to the specific factual and legal <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
circumstances of each client’s case. Similarly, an unsubstantiated comparison of <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
the lawyer’s services or fees with the services or fees of other lawyers may be mis-<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
leading if presented with such specificity as would lead a reasonable person to <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
conclude that the comparison can be substantiated. The inclusion of an appropriate <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
disclaimer or qualifying language may preclude a finding that a statement is likely to <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
create unjustified expectations or otherwise mislead a prospective client.<\/DIV><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>
\n
<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>\u00a0<\/DIV>
\n
<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>\u00a0<\/DIV>
\n
Comment to Rule 7.2 Advertising<\/STRONG><\/A><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
<\/STRONG><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>\u00a0<\/DIV>
\n
[1] To assist the public in obtaining legal services, lawyers should be allowed <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
to make known their services not only through reputation but also through organized <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
information campaigns in the form of advertising. Advertising involves an active quest <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
for clients, contrary to the tradition that a lawyer should not seek clientele. However, <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
the public’s need to know about legal services can be fulfilled in part through advertising. <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
This need is particularly acute in the case of persons of moderate means who have not <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
made extensive use of legal services. The interest in expanding public information about <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
legal services ought to prevail over considerations of tradition. Nevertheless, advertising <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
by lawyers entails the risk of practices that are misleading or overreaching.\u00a0 . . . <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>\u00a0<\/DIV>
\n

\n
casual\u00a0Friday<\/EM><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
the senior partner<\/EM><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
unbuttons his vest<\/EM><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>\u00a0<\/DIV>
\n
\u00a0\u00a0\u00a0 dagosan<\/STRONG><\/FONT><\/A> [Nov. 18, 2005]<\/FONT><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV><\/BLOCKQUOTE><\/BLOCKQUOTE>
\n
And, especially worth consideration (by Vince Buzard and all the<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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Dignity Police):<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n

\n
<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>\u00a0<\/DIV>
\n
[3] Questions of effectiveness and taste in advertising are matters of speculation and <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
subjective judgment. Some jurisdictions have had extensive prohibitions against television <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
advertising, against advertising going beyond specified facts about a lawyer, or against <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
“undignified” advertising. Television is now one of the most powerful media for getting <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
information to the public, particularly persons of low and moderate income; prohibiting <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
television advertising, therefore, would impede the flow of information about legal services <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
to many sectors of the public. Limiting the information that may be advertised has a similar <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
effect and assumes that the bar can accurately forecast the kind of information that the <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
public would regard as relevant. Similarly, electronic media, such as the Internet, can be <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
an important source of information about legal services, and lawful communication by <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
electronic mail is permitted by this Rule. <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>\u00a0<\/DIV><\/BLOCKQUOTE>
\n
See our post<\/A> from September 26, 2005, discussing other recent regulations that have treated legal <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
consumers like simpletons,\u00a0but which actually belie\u00a0the legal profession’s basic dislike of lawyer\u00a0<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
advertising, competition, and affronts to its bloated feelings of self-importance.\u00a0\u00a0<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>\u00a0<\/DIV>
\n
As stated in the prior post, An FTC\u00a0<\/FONT><\/A>letter<\/FONT><\/A>\u00a0in September 2002 to the\u00a0<\/FONT>Alabama <\/FONT>Supreme Court <\/FONT><\/FONT><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
makes some important points (see the Press Release<\/FONT><\/A>):<\/FONT><\/FONT> <\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n

\n
“[I]t is best for consumers if concerns about misleading advertising\u00a0 <\/FONT><\/FONT><\/DIV>
\n
are addressed by adopting restrictions on advertising that are tailored <\/FONT><\/FONT><\/DIV>
\n
to prevent unfair or deceptive acts or practices. . . . [I]mposing overly <\/FONT><\/FONT><\/DIV>
\n
broad restrictions that prevent the communication of truthful and nond-<\/FONT><\/FONT><\/DIV>
\n
eceptive information is likely to inhibit competition and to frustrate <\/FONT><\/FONT><\/DIV>
\n
informed consumer choice.” As the Commission staff noted in a 1994 <\/FONT><\/FONT><\/DIV>
\n
comment to the American Bar Association’s Commission on Advertising, <\/FONT><\/FONT><\/DIV>
\n
“research has indicated that overly broad restrictions on truthful advertising <\/FONT><\/FONT><\/DIV>
\n
may adversely affect prices paid by consumers, especially for routine <\/FONT><\/FONT><\/DIV>
\n
legal services.”<\/FONT><\/FONT><\/DIV><\/BLOCKQUOTE>
\n
As to the “dignity of the profession” concern, the <\/STRONG>FTC’s Alabama Letter concluded: <\/FONT><\/FONT><\/FONT><\/DIV>
\n
“[B]road rules to enforce criteria of ‘dignity’ may prevent the communication of useful, <\/FONT><\/FONT><\/FONT><\/DIV>
\n
nondeceptive information and thus inhibit competition and consumer choice. Strict <\/FONT><\/FONT><\/FONT><\/DIV>
\n
rules to enforce ‘dignity’ may not give consumers enough credit, for consumers <\/FONT><\/FONT><\/FONT><\/DIV>
\n
apparently respond more positively to advertising that would be considered ‘dignified.’ <\/FONT><\/FONT><\/FONT><\/DIV>
\n
And consumers appear to be less offended by certain supposedly undignified methods <\/FONT><\/FONT><\/FONT><\/DIV>
\n
than professional themselves are.”<\/FONT><\/FONT><\/FONT><\/DIV>
\n
\u00a0<\/DIV>
\n
“tinyredcheck” Consumers do not need more paternalism and phony professionalism.\u00a0 They need\u00a0more <\/DIV>
\n
competition, choices and information.\u00a0\u00a0 Lawyers and judges who truly want to put the interests <\/DIV>
\n
of clients first, must have more faith in the benefits of the First Amendment and of competition, <\/DIV>
\n
and less reliance on false notions of dignity and propriety.\u00a0<\/DIV>
\n
\u00a0<\/DIV>
\n
update <\/FONT><\/STRONG><\/EM>(Nov. 21, 2005): On a lighter note, someone Googled <\/DIV>
\n
dress guidelines for attorney professional photographs<\/FONT><\/A>> and <\/DIV>
\n
this post was the #2 result — as if we need to give Mr. Buzard <\/DIV>
\n
and the Image Protectors any new ideas. (note to myself: update <\/DIV>
\n
the f\/k\/a\u00a0<\/STRONG><\/EM>Inadvertent Searchee<\/EM><\/STRONG><\/FONT><\/A>\u00a0<\/EM><\/STRONG>page)<\/DIV>
\n
\u00a0<\/DIV>
\n
afterthought<\/STRONG><\/EM><\/FONT>: See Missouri newsflash: legal consumers are really stupid<\/FONT><\/A>\u00a0<\/DIV>
\n
(Sept. 26, 2005), for more on this topic, including links to materials on other <\/DIV>
\n
states that treat legal consumers as cretins.\u00a0 Also, see our post<\/A> on the Nevada <\/DIV>
\n
Bar’s campaign against the term “The Heavy Hitter” (March 3, 2006).<\/DIV>
\n
\u00a0<\/DIV>
\n
\"microphoneF\"<\/DIV>
\n
\u00a0<\/DIV>
\n
\u00a0<\/DIV><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>
\n
typo?<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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her lawyer listed<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
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under “Martial Law”<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n
<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>\u00a0<\/DIV>
\n
\u00a0 dagosan<\/STRONG><\/FONT><\/A> [Nov. 19, 2005]<\/FONT><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/DIV>
\n

\n
<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT>\u00a0<\/DIV>
\n

\n

\n

\n

“NoSolitS”<\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/SPAN><\/FONT><\/FONT><\/FONT><\/P>
\n

\u00a0<\/P>
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city lights —<\/FONT><\/DIV>
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the brightest are all<\/FONT><\/DIV>
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selling something<\/FONT><\/DIV>
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<\/FONT>\u00a0<\/DIV>
\n
<\/FONT>\u00a0<\/DIV>
\n
<\/FONT>\u00a0<\/DIV>
\n

\n

\n

\n

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\n

\n
dawn<\/FONT><\/DIV>
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before there is any<\/FONT><\/DIV>
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tune in my head<\/FONT><\/DIV><\/BLOCKQUOTE><\/BLOCKQUOTE><\/BLOCKQUOTE><\/BLOCKQUOTE><\/BLOCKQUOTE><\/BLOCKQUOTE>
\n
<\/FONT>\u00a0<\/DIV>
\n
\u00a0<\/DIV>
\n
\u00a0<\/DIV>
\n
snowing hard<\/DIV>
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no road sign<\/DIV>
\n
to obey<\/DIV>
\n
\u00a0<\/DIV>
\n
\u00a0<\/DIV>
\n
\u00a0<\/DIV>
\n
\u00a0<\/DIV>
\n
\u00a0<\/DIV>
\n
autumn rain<\/DIV>
\n
settled<\/DIV>
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in my ways<\/DIV>
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\u00a0<\/DIV>
\n
<\/FONT>\u00a0<\/DIV>
\n
John Stevenson<\/STRONG><\/FONT><\/A> <\/FONT><\/DIV>
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“city lights” & “dawn” – <\/FONT>Upstate Dim Sum<\/STRONG><\/FONT><\/EM><\/A> (2005\/1)<\/FONT><\/DIV>
\n
“snowing hard” & “autumn rain” – Upstate Dim Sum<\/EM> (2005\/II)<\/FONT><\/DIV>
\n

\n
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If you’ve been\u00a0listening to radio stations in New York State, this month, you might have heard this little “public eduation” spot, part of a series modestly called “Beacon of Justice” (via Will Hornsby): “This is Vince Buzard, president of the New York State Bar Association. Do you feel bombarded by lawyer advertising? Here\u2019s some advice. […]<\/p>\n","protected":false},"author":94,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[2926],"tags":[],"class_list":["post-4225","post","type-post","status-publish","format-standard","hentry","category-pre-06-2006"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6kP1R-169","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/4225","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/users\/94"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/comments?post=4225"}],"version-history":[{"count":1,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/4225\/revisions"}],"predecessor-version":[{"id":12913,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/4225\/revisions\/12913"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/media?parent=4225"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/categories?post=4225"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/tags?post=4225"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}