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Federal Judge Says Lawyer Advertising Rules Impinge on Free Speech Rights

By Mark Scott

Albany, NY – A court ruling issued last week says new restrictions in New York regulating advertising by lawyers may violate the First Amendment.

New regulations were instituted in February that affect all forms of lawyer advertising. Testimonials by current clients are banned. Attorneys are not allowed to use depictions of courtrooms or courthouses. And tradenames or mottos that suggest an ability to obtain results are not allowed.

That forced many law firms to adjust their advertising. One prominent local lawyer who once appeared on a set depicting a courtroom now uses a generic seminar setting to get his message across.

But the Washington-based group Public Citizen filed suit challenging the regulations, arguing they place onerous restrictions on both commercial and non-commercial speech.

Last week, a federal judge in Central New York agreed. Judge Frederick Scullin wrote in a 30-page decision that the regulation of lawyer advertising must be accomplished in a manner consistent with First Amendment free speech rights.

The office of Court Administration in New York is asking State Attorney General Andrew Cuomo to appeal.