Denise Howell Denise Howell
( Profile | Archive )

Dennis M. Kennedy Dennis M. Kennedy
( Profile | Archive )

Tom Mighell Tom Mighell
( Profile | Archive )

Marty Schwimmer Marty Schwimmer
( Profile | Archive )

Ernest Svenson Ernest Svenson
( Profile | Archive )

Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at

Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally, to seek enlightenment. Email Ernest at
About this blog
Between Lawyers provides just-in-time group commentary on the issues raised when technology, culture and the law intersect. We take you behind the firewalls and conference room doors to show you how experienced lawyers deal with these issues and help you prepare for the new challenges we all face. For more, see our introductory post.
In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline

Between Lawyers

« (Head)Hunting Season | Main | Top Legal Technology Trends for 2007 »

January 8, 2007

New NY Advertising Rules Are Out There

Email This Entry

Posted by Dennis M. Kennedy

Well, the new New York advertising rules for lawyers are out. They are quite extensive. Fortunately, there are some analytical pieces and summaries out already ready.

As a good starting point, check out Allison Shields' extensive summary here. Larry Bodine does not mince words in his reaction. Carolyn Elefant at summarizes a few posts. John Caher takes a gentle approach in the New York Law Journal..

I'm sure we'll see more commentary later, but there's a lot to read and digest.

My first quick read gave my the odd feeling that I was reading a new Miranda marketing warning for legal marketing ("You have the right to remain silent. Anything resembling marketing that you or your law firm may do may be treated as an ethical violation."), but I'll reserve judgment until I can read the rules more closely.

Two thoughts: First, I think that my characterization of the proposed rules as "micromanaging" is even more true of the final rules. Second, I believe that this type of state regulation, which undoubtedly will be picked up by other states, all but begs the FTC to step into lawyer regulation.

I understand that the next item on the New York agenda is a lawyer dress code. ;-) Hmm, maybe that's not so far-fetched. Consider this quote from the Caher article:

Finally, the new rules ban advertising "techniques to obtain attention that demonstrate a clear and intentional lack of relevance to the selection of counsel, including the portrayal of lawyers exhibiting characteristics clearly unrelated to legal competence." That provision was added partially in response to advertisements run by a Long Island, N.Y., attorney who permitted herself to be filmed in provocative poses to tout her real estate practice. Those ads generated complaints from Long Island practitioners who noted that the attorney's cleavage had nothing to do with her legal abilities, officials said.

The one element of these new rules I really like is the use of the all-but-forgotten word "moniker." I assume that the rules on use of monikers may bring the end to Morrison Foerster use of the term of endearment "MoFo." Heh.

I'm quite curious to see what the response of New York lawyers will be to these rules.

Comments (1) + TrackBacks (0) | Category: Legal Ethics and Advertising


1. Anonymous on January 9, 2008 2:18 AM writes...


Permalink to Comment

TrackBack URL:


Remember Me?


Email this entry to:

Your email address:

Message (optional):

Calling All Legal Tech MacGyvers - A Mini-contest
If It's All About Respect, Why Do They Look So Foolish?
Facebook for Lawyers?
BlawgWorld 2007: An Introduction to the World of Blawgs
Copyright thought balloon: YouTube vs. RSS
Legal Issues Of Law And Commerce
Announcing the New Between Lawyers Facebook Group
George Lenard On Facebooking Employment Candidates