Second Circuit Strikes Portions of New York's New Attorney Advertising Rules

New York's attorney advertising rules adopted in 2007 barred: (1) testimonials from clients relating to pending matters; portrayls of judges or fictitious law firms; (3) attention getting techniques unrelated to attorney competency; (4) trade names or nicknames that imply an ability to get results; and (5) established a 30-day moritorium for a trageted solicitation following a specific accident.  The plaintiffs challenged these rules as violating the First Amendment.  The District Court agreed, for the most part, except for the 30-day moritorium, which it upheld.  On March 12, 2010, in Alexander v. Cahill, the Second Circuit affirmed the district court's ruling on the 30-day mortorium and as to testimonials, portrayls of judges, attention getting techniques and trade names or nickmanes.  The Court, however, reversed with respect to fictious law firms holding that prohibition should stand.