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Thursday, September 14, 2006

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» Deadline Extended for Comments On the New York Lawyer Advertising Rules from Sui Generis--a New York law blog
Rumor has it that deadline for comments regarding the proposed changes to the New York lawyer advertising rules has been extended to November 15, 2006, although the OCA website does not yet reflect the extension. Also of interest is the FTC's recent cr... [Read More]

» Silencing N.Y. lawyer-bloggers? II from PointOfLaw Forum
Walter has already written about the ludicrous proposed new regulations of attorneys in New York that would effectively bar all public writing about the law by members of the New York bar if it didn't so blatantly violate the First... [Read More]

» The end of Likelihood of Confusion from LIKELIHOOD OF CONFUSION
Not the doctrine, but the blog.  Well, not so fast.  But if the public keepers of morality and lawyerly dignity have their way, absolutely.  Public Citizens CLP (Consumer Law and Policy) Blog wrote last month that New York is considerin... [Read More]

» How to get rid of most blogs from Dean's World
Or a hell of a lot of them -- and I don't mind saying, quite a few of the best ones. It could mean the end of Likelihood of Confusion. Not the doctrine... [Read More]

» Will Legal Blogs Be Construed as Advertisements? from ACSBlog: The Blog of the American Constitution Society
by Martin Magnusson, Editor-at-Large In 1977, the Supreme Court handed down a seminal decision in Bates v. State Bar of Arizona. The case involved two lawyers who placed an advertisement in a daily newspaper. At the time, the State Bar... [Read More]

Comments

david giacalone

Thank you for bringing these issues to the attention of the legal weblog community. I've been trying to sound this alarm for the past couple of years. Of course, the problem goes far beyond bar associations not understanding weblog format and technology (as discussed here http://blogs.law.harvard.edu/ethicalesq/2005/06/07/kentucky-says-every-blawg-post-is-an-ad/, regarding the Kentucky Bar's equating of weblogs with advertising. In the name of consumer protection and professional dignity, important segments of the New York Bar (and regulators in other states - http://blogs.law.harvard.edu/ethicalesq/2005/09/26/missouri-newsflash-legal-consumers-are-really-stupid/) are demonstrating their deep dislike of lawyer advertising. I've called them the Dignity Police, but they are also very much an Anticompetitive Guild, distrustful of competitive forces and innovation.

As discussed at length in this post - http://blogs.law.harvard.edu/ethicalesq/2005/11/18/more-dignity-police-ny-bar-disses-lawyer-advertising/, the NYSBA effort has been led by the 2005 Bar President A. Vincent Buzard, who proudly confessed that he wants to limit lawyer advertising “to the fullest extent permitted, within the limitations of the First Amendment.”

Of course, consumers do not need more paternalism and phony professionalism. They need more competition, choices and information. Lawyers and judges who truly want to put the interests of clients first, must have more faith in the benefits of the First Amendment and of competition, and less reliance on false notions of dignity and propriety. And, they must start voicing their opposition to burdensome, anti-competitive, and anti-consumer regulations like those currently proposed in New York.

Samara

As a layperson [that's me] sees it, with this proposal, would I then be limited to the Yellow Pages for choosing my attorney?

Had it not been for an attorney's website recently, I was made aware of the "Whistleblower Act" that apparently helped my friend with a decision she was facing. Under this proposal in New York, my friend would not have known anything about it.

Wonderful. With our rights dwindling daily and attorney's costing arms and legs we'll soon be left with an undemocracy. The average middle classer cannot afford to keep an attorney on retainer just in case he wants to push the envelope to free speech. So when a corporate giant threatens to sue for a patently [no pun intent] false trademark infringement he rolls over and gives them the domain name.

I know for a undisputed fact that attorney websites and blogs do give the average john q. public the courage to continue pushing that envelope of the 1st Amendment. In my assessment, if it didn't get pushed, we wouldn't have needed it in the first place.

B. Mitchell

A short video clip dealing with overconsumption.

Holly Wild

This doctrine does not make sence for both New York attorneys & consumers - It hinders the information available out there taht helps consumers who are now internet savvy in recieving information on any subject relating to the law via the internet. Who came up with this silly idea and why?

Payday Loan Advocate

The improper use of payday loans can lead to mortgage crisis that is why one of the biggest targets for politicians, as far as economics are concerned, is becoming the payday loan industry. Governors across the country are trying to rid their states of the industry altogether, and so far, Georgia, North Carolina, and Oregon have succeeded. The result was that bankruptcies, foreclosures, and also the number of overdraft fees due to bouncing checks went through the roof, which doesn’t do anything for the citizens afflicted in these turbulent times, and only is really good for the banking industry. Despite these negative effects, other states are looking to follow the example and do the same. Even at the national level, presidential candidate Barack Obama, is weighing in his own agenda on the issue, and advancing his own intentions on getting rid of the industry in the United States completely. If these measures, both on state levels and nationally, are successful, the results are going to be increased unemployment, more debt, more foreclosures, and an even worse economy.

Post Courtesy of Personal Money Store
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Mikhaila Clements

Found this older post and am happy to see that we went in the right direction!

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A short video clip dealing with overconsumption.

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Had it not been for an attorney's website recently, I was made aware of the "Whistleblower Act" that apparently helped my friend with a decision she was facing. Under this proposal in New York

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don't they just love to complicate things. Not to mention that sometimes they get you "you" too and than you start promoting in a really viral way all the "important " infos !

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