Revised NJ Ethics Rules Bless Super Lawyers

It's official. The New Jersey Supreme Court has adopted amendments to ethics rules that allow lawyers to mention their inclusion in Super Lawyers and other ratings. The revised rules go into effect immediately. This closes the final chapter of the three-and-a-half year saga arising out of Opinion 39.

It's a good day for consumers and lawyers in New Jersey as the rules now bring the state into step with the rest of the country. 

The rule and comments call for common sense disclosures of the name of the rating service and a reference to where the selection methodology can be found. And of course, the rules prohibit pay-to-play accolades.

None of this affects how we publish. We've always included a detailed description of the Super Lawyers selection process where ever we publish our lists. We want people to understand exactly what we go through in selecting lawyers. 

The only shortcoming with the rules is the required disclaimer, "No aspect of this advertisement has been approved by the Supreme Court of New Jersey." As is the case with most disclaimers of this type, you're left to wonder what purpose is served? Is there any evidence at all that without such language consumers would be misled? And if there is no such evidence, why require the disclaimer? 

What consumers really need is information and not disclaimers. Nevertheless, we feel the court has otherwise taken a sound approach in updating its rules. 

 

 

 

 

 

 

 

 

Super Lawyers News: Balloon Boy's Father Hires David Lane

 Dscriber.com reports that storm chaser and reality-TV wife swapper Richard Heene has hired Denver attorney David Lane (Colorado Super Lawyers 2006-09). Lane gained national attention when he represented embattled former University of Colorado professor Ward Churchill.

 

Perhaps Now We Specialize in Proper Usage

 Attorney Nick Hentoff's recent blog posting starts out by applauding Super Lawyers for sticking up for lawyers' First Amendment rights (Thank you, Nick).

But then he raises the question of whether our website, superlawyers.com, is "Super Misleading" for allegedly misusing the the term "specializes" in reference to attorney practice areas. He doesn't say where exactly where the offending term resides on our site, but instead, cites a passing reference in a North Dakota Ethics Opinion from April 10, 2008 which alleged that our "website states that a search will help in finding a 'Super Lawyer' that specializes in a specific area of law," (State Bar Association of North Dakota Ethics Opinion No. 08-02, page 7).

This statement by the Ethics Committee I found baffling. First, we do not allow, or use the term "Super Lawyer" as alleged by the Committee (the usage is improper on two counts: it is used as a moniker or label, and it is used in the singular. Super Lawyers is a registered mark that is always used by us in the plural form).

Second, we also do not allow our staff to use the term "specializes" unless, of course, the lawyer has in fact been certified as a specialist by an authorized state or federal authority.

I searched and searched and could find no such usage of the term "specializes" on our site. On the contrary, the only reference I could find is in disclaimer language we include at the bottom of every page which says our listings do not certify or designate an attorney as a specialist.

So what was the Committee looking at? Despite our best efforts to police the use of the dreaded "specializes" word, maybe it slipped through the cracks somewhere.

So I put our webmaster on the task to find the offending term. Turns out it was mistakenly included in language written into a meta-tag (for the uniformed like me, meta-tags are the descriptions written by website designers to describe the content of the various pages on a website).  The only place one would ever see the term is not on our website, but in the short descriptions accompanying certain search results on Google, Yahoo and others search engines.  

We have purged the term "specializes" from the meta-tag and have replaced it with the word, "practices." Let the world sleep easier tonight.  

 

 

 

New Jersey Law Journal report potentially misleading

 An item in today's New Jersey Law Journal daily news alert is potentially misleading and needs clarification. The Journal reports:

COURT LIKELY TO EASE, NOT LIFT, ITS BAN ON COMPARATIVE LAWYER ADVERTISING

New Jersey's Supreme Court seems poised to alter its current outright prohibition on advertising in which lawyers compare their abilities to others, probably by requiring that such ads include caveats to potential clients. The Court wants to create a "sensibly balanced rule," Chief Justice Stuart Rabner said Wednesday at a hearing on whether lawyer should be able, within limits, to tout their ratings in publications like Super Lawyers Best Lawyers. But it was clear from the tenor of the arguments and the justices' occasional remarks that comparative advertisements will likely have to be accompanied by some form of disclaimer that "super lawyer" or "best lawyer" designations do not have the Court's blessing.

Reading this, one might infer that lawyers are currently banned from advertising in, or mentioning selection to Super Lawyers (or Best Lawyers) in their advertising because of the comparative advertising rule. That is not the case. Over the past four years, hundreds of New Jersey lawyers have advertised in New Jersey Super Lawyers magazine, or have mentioned the Super Lawyers honor in their advertising or promotional materials. Not a single one of them has been disciplined, or threatened with discipline for doing so. The same can be said of the thousands of lawyers nationwide who advertise or mention their selection to Super Lawyers.

Super Lawyers has been around since 1991. In those 18 years, no court or discipline authority has ever prohibited lawyers from advertising in or about Super Lawyers

So, New Jersey lawyers and reporters, please note: There is no ban on Super Lawyers or Best Lawyers advertising. Never has been and, as long as the First Amendment is around, there never will be.

The only thing the New Jersey Supreme Court has banned is the clumsy and misguided  disaster known as Opinion 39 which itself sought to impose such a ban at the expense of free speech. Click here to read the court's opinion and here to read the report of Judge Fall upon which the court based its ruling. 

 

 

Frank Branson was a lousy waiter, but what a lawyer

In the current issue of Texas Super Lawyers, Frank Branson, a perennial top 10 lawyer on our lists, reveals that being fired from Steak & Ale was the biggest boost to his legal career. Read the complete story of this plaintiff powerhouse. 

Racehorse Still Running

 Racehorse Haynes has no plans to slow down. A member of the Texas Bar since 1956, the 82 year-old legend dispenses some sage advice in the just released 2009 Texas Super Lawyers magazine: The one book every lawyer should read and then re-read every year; how he got his nickname; how he stumbled upon his first courtroom win -- it's all here

The Most Inspirational Lawyer Ever?

When in her confirmation hearings for the Supreme Court Sonia Sotamayor discussed the influence of Perry Mason on her career, it got us thinking, what do the lawyers named to Super Lawyers think of the TV lawyer icon? Turns out they think a lot. Here are just a handful of the many comments about the TV lawyer that have made it into the pages of Super Lawyers.
 
Deryck Palmer of Cadwalader, Wickersham & Taft:
“If I had to trace the origins [of my fascination] with law, it goes back to when I was a young child. You may laugh, but I watched Perry Mason and I was very impressed. Raymond Burr did an excellent job of capturing the impact lawyers can have.”

(From “The Eagle Scout,” published in New York Super Lawyers 2008 — September 2008)

Thomas Salerno of Squire Sanders:
            “[I wanted to become a lawyer] from watching trial shows on TV such as Perry Mason. I come from a working-class background, and the idea of wearing a suit to work intrigued me. I was also intrigued by the power that lawyers seem to have in their spheres.”

(From “Q&A with Tom Salerno,” published in Southwest Super Lawyers 2009 — May 2009)

Michele Coleman Mayes, General Counsel of Allstate:
            “I think I can attribute [my interest in law] to Perry Mason. It was on TV at the time and he always won.”

(From In Good Hands,” published in Super Lawyers -- Corporate Counsel Edition - May 2009 — May 2009)

W. Henry Jernigan of Dinsmore & Shohl:
     “The one I saw the most growing up was Perry Mason. Looking back, I always find, with great amusement, that Perry never had to look at a law book and always had someone stand up and plead guilty in the back of the courtroom. I’m still waiting for that to happen.”

(From “Q&A with W. Henry Jernigan,” published in Virginia Super Lawyers 2009 — July 2009)

Robert Dawson of DawsonBrown:
    “I really think it was mainly TV [that influenced him to become a lawyer.]. In those days it was the show Perry Mason. Didn’t you love how you always knew who was guilty: It was the person who got on the stand the last five minutes of the show. But think of that show: Every week, Hamilton Burger was trying an innocent person for murder, and nobody seemed to care.”
 (From “Q&A with Robert K. Dawson,” published in Washington Super Lawyers 2009 — June 2009)

 And finally,

 Lonnie Williams:
To this day I am an absolute fan of Perry Mason. And I still believe today that the legal profession would be much better off if we resorted back to trying cases the way Perry Mason did. Forget about the discovery; forget about spending all this time in pretrial. Let's just go out and learn the facts, put the witnesses on the stand and try cases. I love examining witnesses who have not been deposed. Most lawyers would think that's crazy but I think that is a much purer form of the art.”
(From “Q&A with Lonnie Williams, Quarles & Brady, Phoenix,” published in Southwest Super Lawyers 2008 — June 2008)

 

Good News for Minnesota Criminal Defense Lawyers!

 These headlines appeared on a single page (B5) today in our hometown newspaper, the  Minneapolis St. Paul Star Tribune:

Trial Opens in New Year's killing

Dad charged with killing his son

Sexual assault after concert

Police seek clues in fatal shooting of 23-year-old

Sex assault suspect charged

Gang stabbing brings guilty plea

The advertising on the page: Three ads for funeral and cremation services. 

The Great Decider -- Kenneth Feinberg

Before becoming President Obama's Pay Czar and determining what CEOs should be paid, Kenneth Feinberg had to decide even more important matters. Our cover story from Washington DC Super Lawyers 2008, "What is a Life Worth?", focused on his role as head of the 9/11 Victim Compensation Fund. 

Above the Law turns 3

 The gossipy, irreverent, and occasionally, newsbreaking blog Above the Law celebrates its third anniversary today. In looking over the debut post, Letter from the Editor, from three years ago, we have to say the blog has certainly remained true to its mission of having fun with the law. Happy anniversary to one of our favorite sites!