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Contact: Andrew Rush
Director,
Media Services & Public Affairs
arush@nysba.org
518/487-5530
July 24, 2007
STATEMENT FROM THE NEW YORK STATE BAR ASSOCIATION ON
COURT RULING REGARDING ATTORNEY ADVERTISING
New York State Bar President Kathryn Grant Madigan (Levene Gouldin
& Thompson LLP) issued the following statement in response to the
court decision yesterday that addressed the new regulations put in place
regarding attorney advertising.
Madigan said, “In Alexander v. Cahill, the U.S. District Court
for the Northern District of New York analyzed the lawyer advertising
and solicitation rules adopted by the Appellate Division of Supreme
Court effective February 1, 2007. The Court upheld many of
the rules, but did find some portions unconstitutional as protected free
speech under the First Amendment.
“Our Task Force on Lawyer Advertising began its work two years
ago to address the dual concerns of protecting the public from false or
misleading advertising or solicitation by attorneys while recognizing
the legitimate interests of lawyers in informing the public about legal
services. We are gratified that the Court has recognized this
balance of interests and we are in agreement with the Court's decision,
which in many areas referenced the analysis provided by our Task
Force. Going forward, we welcome the opportunity to work with the
Appellate Divisions to review and develop rules that strike an
appropriate balance within the constitutional framework.”
The 72,000-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. Founded in 1876, NYSBA
programs and activities have continuously served the public and improved
the justice system for more than 130 years.
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