Well, folks, the Presiding Justices of the Appellate Divisions have spoken and a new wave of restrictions relating to lawyer "advertising" and "solicitations" is slated to become effective as of February 1, 2007.
We haven't had a chance to review the final version of these regulations, and will likely be posting our analysis of them in the weeks and months to come, but as a service to our readers, we are providing a link to the New York State Bar Association's website, which provides all the pertinent information.
Read 'em and weep! (But fear not. It's likely these new regulations will be the subject of federal suits, and all--or substantial portions--will ultimately be deemed unconstitutional.)*
To be directed to the State Bar's website, please click the following link: http://www.nysba.org/Content/ContentGroups/Announcements/lawyer_advertising.htm
---------------------------
*By way of example, under the regulations "advertising" is defined as follows:
(k) "Advertisement" means any public or private communication made by or on behalf of a lawyer or law firm about that lawyer or law firm's services, the primary purpose of which is for the retention of the lawyer or law firm. It does not include communications to existing clients or other lawyers.
What does "primary purpose" mean and how is that determined? Is it all a matter of "intention?"
This blog and our firm's monthly newsletters are publicly disseminated with the intention of educating and informing our readers of the latest developments in the law. We also address other items that we believe to be of general interest or that may be "newsworthy." Thus, based on our preliminary reading of the regulations, we do not believe our written or electronic communications would be encompassed by the regulations. But, to say the least, the lack of clarity is certainly disconcerting.