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Defendants Appeal from Federal Judge
Ruling on Lawyer Ad Rules

The defendants in Alexander v. Cahill, N.D.N.Y. No. 5:07-CV-117, have appealed the decision of Federal Northern District Court Senior Judge Frederick Scullin enjoining NY authorities from enforcing several of the new lawyer advertising rules. The defendants serve as Chief Counsel of the various Departmental Disciplinary Committees or Judicial District Grievance Committees. The plaintiffs are Public Citizen, Inc., James L. Alexander, a practitioner in Syracuse, and his law firm, Alexander & Catalano LLC.

In his decision, Judge Scullin recognized a lawyer's right to use:

• Client endorsements in pending matters
• A nickname that implies an ability to get results
• "Pop-up" Internet Ads

Judge Scullin declared unconstitutional the New York Appellate Division Rules prohibiting these practices.