May 12, 2010
STATE BAR ASSOCIATION ISSUES STATEMENT ON ATTORNEY
SOLICITATION RESTRICTIONS FOLLOWING STATEN ISLAND FERRY ACCIDENT
In the wake of last weekend’s ferry boat accident on Staten
Island, New York State Bar Association President Michael E. Getnick
(Getnick Livingston Atkinson & Priore, LLP of Utica and of counsel
to Getnick & Getnick of New York City) today issued the following
statement regarding attorney solicitation of ferry crash victims:
“It is essential that we remember the importance of respecting
the privacy of these ferry crash victims. I would also like to
remind all members of the legal community that the Rules of Professional
Conduct that became effective on April 1, 2009 prohibit attorneys from
solicitation for a period of 30 days after an incident.”
In March of this year, the Second Circuit Court of Appeals upheld the
30-day ban against soliciting accident victims and their families
through the media. In rejecting a constitutional challenge to the
soliciting ban, the Second Circuit broadened the scope of protections
previously given to bereaved or injured individuals. Significantly, the
court held that there was no need to adopt a technology-specific
approach to restricting lawyer advertising. The court recognized that
email, radio streams online, television programming on the Web, and
Internet communications can be just as intrusive as receiving a
direct-mail solicitation.
In 2005, the State Bar established a Task Force on Advertising,
chaired by Immediate Past President Bernice K. Leber of New York City
(Arent Fox LLP), which for the first time in 30 years reviewed all of
the ethics rules affecting lawyer advertising. The task force report
made suggestions on how the rules may be improved to uphold the
standards of the legal profession.
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Founded in 1876, the 77,000-member New York State Bar Association is
the official statewide organization of lawyers in New York and the
largest voluntary state bar association in the nation. The State
Bar’s programs and activities have continuously served the public
and improved the justice system for more than 130 years.
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