OTHERWISE: Lawyer can cite judges' praise in advertising.
Plaintiff’s employment lawyer Andrew Dwyer has won high praise from judges in their findings in support of counsel fees under the New Jersey Law Against Discrimination. He uses the judges’ words in his firm’s website. The New Jersey Supreme Court barred such advertising as “misleading”. The Third Circuit overturned the New Jersey rule:
“Guideline 3 as applied to Dwyer’s accurate quotes from judicial opinions thus violates his First Amendment right to advertise his commercial services. Requiring Dwyer to reprint in full on his firm’s website the opinions noted above is not reasonably related to preventing consumer deception. To the extent the excerpts of these opinions could possibly mislead the public, that potential deception is not clarified by Guideline 3. In any event, what is required by the Guideline overly burdens Dwyer’s right to advertise. “