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The new legislation states that attorneys cannot advertise with nicknames that may mislead the public, such as "The Hammer" or the "Heavy Hitters" or whatever other fierce nicknames attorneys may come up with to set themselves apart from the pack.
The new laws put a limit on the amount of actor dramatizations and client testimonials that can be put into an advertisement. They also put forth a clearer, more precise definition of what is considered an advertisement and what isn't. A full explanation of the legislation can be found by visiting the New York State Bar Association's (NYSBA) website.
In a February 1 press release put out by the NYSBA, President Mark H. Alcott said, "I want to thank the four presiding justices of the appellate division for their collaboration throughout this process. When the draft regulations were announced, we had a number of very real concerns and they worked with the legal community and the public every step of the way. They were open and available to meet with us, and most importantly, they were willing to listen. As a result, I am extremely pleased to announce that most of issues we raised with the courts have been addressed."
Ever since 1977, when the U.S. Supreme Court ruled in favor of two attorneys from Arizona who were advertising in newspapers, attorneys have used advertisements as a way of getting business. However, legal professionals in New York have been reviewing the current attorney advertisements in the state and have agreed that much of it may be seen as misleading to the general public. This realization is what led to the new legislation.
According to an article in the Star-Gazette:
"For law firms in the Elmira-Corning-Watkins Glen area, the slick ad campaigns often act like long-range missiles from firms in Rochester or Syracuse that want to invade this region. Firms in the Southern Tier, often find themselves in the position of having to shell out bucks for their own ad campaign, or risk losing clients to out-of-town firms that shout louder and longer."
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