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New York courts seek to curb client-chasing

The New York state courts are proposing new rules that would significantly tighten up on lawyers' freedom to chase potential clients, including injury cases, in the Empire State. In particular, lawyers would be forbidden to solicit disaster victims in most situations for 30 days after a disaster. As for advertising, "Significant restrictions would be imposed on the use of fictionalization, and lawyers would be banned from using nicknames or monikers -- such as 'heavy hitter' or 'dream team' -- that imply an ability to obtain results....lawyers would be prohibited from using current client testimonials, from portraying judges, from re-enacting courtroom or accident scenes and from using courthouses or courtrooms as props. They would also be barred from using paid endorsements, and from using the recognizable voice of a non-attorney celebrity to tout the lawyer's skills." Beyond that, they would have to be prepared to substantiate ad claims and keep ads on file for three years. (John Caher, "New York Courts Back Expansive Lawyer Ad Restrictions", New York Law Journal, Jun. 15). For critical reaction, see Dennis Kennedy, Between Lawyers, Jun. 15 ("a shocking number of draconian and micro-managing rules "), and Robert Ambrogi, LegalBlogWatch, Jun. 16)(cross-posted from Overlawyered).



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.