The Wall Street Journal law blog is reporting that the Court of Appeals for the Second Circuit has found that New York's rule of Professional Conduct 7.4 is unconstitutional.
The rule states that if a lawyer holds himself out to be a specialist, the name of the organization that certified the lawyer must be identified "prominently" in advertisements or elsewhere. In this particular case, the lawyer in question did display the information in his billboard ad but the NY attorney grievance committee argued the size of the font was too small to meet the “prominently made” requirement.
The attorney challenged the constitutionality of the rule in federal court and lost, but the Court of Appeals has now reversed. The opinion is available here. For more information and analysis go here.
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