Friday, October 17, 2014

New Jersey Supreme Court compels disclaimer by lawyers citing judges' praise

“The inescapable conclusion is . . . that
plaintiffs achieved a spectacular result when the
file was in the hands of Mr. Dwyer. . . . Mr.
Dwyer was a fierce, if sometimes not
disinterested advocate for his clients, and
through an offensive and defensive motion
practice and through other discovery methods
molded the case to the point where it could be
successfully resolved.”
---Hon. William L. Wertheimer, J.S.C.

New Jersey attorneys like Andrew Dwyer - who want to advertise laudatory remarks by judges must now print a disclaimer.  In the Third Circuit Dwyer successfully challenged the New Jersey Supreme Court's advertising strictures which required the advertisement to include the complete text of any ruling the lawyer wants to use for promotional purposes.  The Third Circuit held that the Court's rule was too onerous.  But the Circuit left some wiggle room - allowing for a disclaimer.  The state high court has now spoken.  Such a statement as Dwyer wants to use "must be prominently displayed in proximity to such quotation or excerpt: `This comment, made by a judge in a particular case, is not an endorsement of my legal skill or ability.'"  Attorney Advertising Guideline 3, October 17, 2014

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