Small Firm Business online has an article written by Michael Booth from the January 4th New Jersey Law Journal. Mr. Booth reports that in New Jersey, the State Supreme Court’s Committee on Attorney Advertising has some new restrictions on lawyers’ online directory listings. In short, listings for an attorney’s services must include language identifying the listing as a paid ad.

The opinion was in response to an attorney who wanted to have his listing on a commercial site where, for a flat fee, he would have an exclusive listing. The attorney asked the Committee if doing that was allowed. Their response:

“[W]e conclude that a lawyer who seeks to give anything of value in order to participate in such a listing must, before doing so, ensure that the listing or advertising contains a prominently and unmistakably displayed disclaimer, in a presentation at least equal to the largest and most prominent font and type on the site, declaring that ‘all attorney listings are a paid attorney advertisement, and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service,’”

This decision was intended to “protect the public trust.”

In addition, in May, the committee said that firms can have web addresses that describe their specialties, but they may not use these addresses in ads. So, although a firm cannot use a descriptive name as their official name, it is okay to have the domain name.

And finally, in Opinion 33, the committee stated that firms, in their ads, cannot use statements from satisfied clients that talk about the effectiveness of the representation. They can, however, use statements about the quality of the lawyer client interaction.

So it’s okay to say Attorney Smith is a really nice guy, and he has minty fresh breath. But saying “Attorney Smith was a great attorney- he won my case.”

From the proposed attorney advertisting guideline:

An appropriate client endorsement or testimonial may state, for example, that the
lawyer was sympathetic or concerned, returned calls, communicated frequently, was
prompt in responding to client requests, or was professional in his or her dealings.

The use of any endorsement or testimonial given by a client under the above
guidelines must cease when the lawyer has a reasonable basis to believe that the client’s
opinion has changed. Notification of a change in the client’s opinion need not come
directly from the client but may be implied or inferred from actions or statements that
would lead to a reasonable belief that the client is no longer satisfied with the lawyer or
the law firm.

Interesting stuff.

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