New Jersey Supreme Court Gets it Right, Again
Earlier this year, Avvo successfully petitioned the New Jersey Supreme Court to release attorney licensing records – thus allowing Avvo to bring its service to the Garden State. Today, the NJ Supreme Court made another great decision, finding that the state’s prohibition on attorneys including comparative titles (e.g., “Super Lawyer”) in advertising is likely unconstitutional.
Unfortunately, the court didn’t tell the bar, in no uncertain terms, that restrictions on commerical speech must be narrowly-tailored and supported by specific findings of potential harm. Rather, it sent the decision back to the Bar’s advisory committees to craft new advertising rules that meet constitutional requirements. Expect to see more wackiness emerge from that process.



