Super Lawyers Blog : Information and Opinion on Legal Marketing and Lawyer Ratings

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The New York Times weighed in this morning on the New Jersey Committee on Attorney Advertising's ruling on Super Lawyers  (http://www.nytimes.com/2006/09/15/business/15legal.html?ref=business; registration required)).  Have a look at it.  Here's a few points we hope you'd note about it.

1. The reporter gives greater credence to lawyers' opinions and the opinion than to the facts.  The facts are that our selection process is more quantitative, rigorous and comprehensive than any of the other directories. We never said that being named to the Super Lawyers list is "exclusive", but we are confident that our list represents the top 5 percent of lawyers in the states where we publish.
   
   
2. We agree with the argument that the American consumer is sophisticated enough not to need government protection from accurate advertising that doesn't mislead.  Placing contact information and a logo in a profile would clearly indicate that the profiles placed in the Super Lawyers supplements are advertising.  Yes, our advertising supplements are distributed through city and regional publications, but they are in no way misleading.  I'd suggest that any of the lawyers who disagreed with this ask themselves: Would they be misled by a similar ad profile for a doctor? Or a plumber?
   
   
3. The article concludes noting that rules proposed in New York would make it illegal for a lawyer to use a "nickname, moniker, motto or trade name that implies an ability to obtain results," and that this would "clip the capes of Manhattan Super Lawyers." We disagree.  In Florida, for example, the attorney ethics committee there reviewed our process and barred attorneys from using the term as a title or nickname such as "Super Lawyer Bill White" or "Bill White, Super Lawyer".  In a perfectly reasonable ruling, they permitted lawyers to cite the reference among their credentials.  "Bill White was selected as one of the top 5% of lawyers in the state by the 2005 Florida Super Lawyers magazine," for example.   
   

What do you think? Contact me at bwhite@lawandpolitics.com.