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. 

 

 

 

 

 

 

 

 

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.