The Super Lawyers Blog

Revised NJ Ethics Rules Bless Super Lawyers

bwhite@lawandpolitics.com (Bill White) — Thu, 05 Nov 2009 10:49:05 -0600

It's official. The New Jersey Supreme Court has adopted amendments to ethics rules that allow lawyers to mention their inclusion in Super Lawyers and other ratings. The revised rules go into effect immediately. This closes the final chapter of the three-and-a-half year saga arising out of Opinion 39.

It's a good day for consumers and lawyers in New Jersey as the rules now bring the state into step with the rest of the country.

The rule and comments call for common sense disclosures of the name of the rating service and a reference to where the selection methodology can be found. And of course, the rules prohibit pay-to-play accolades.

None of this affects how we publish. We've always included a detailed description of the Super Lawyers selection process where ever we publish our lists. We want people to understand exactly what we go through in selecting lawyers.

The only shortcoming with the rules is the required disclaimer, "No aspect of this advertisement has been approved by the Supreme Court of New Jersey." As is the case with most disclaimers of this type, you're left to wonder what purpose is served? Is there any evidence at all that without such language consumers would be misled? And if there is no such evidence, why require the disclaimer?

What consumers really need is information and not disclaimers. Nevertheless, we feel the court has otherwise taken a sound approach in updating its rules.

Super Lawyers News: Balloon Boy's Father Hires David Lane

bwhite@lawandpolitics.com (Bill White) — Tue, 20 Oct 2009 17:25:58 -0600

Dscriber.com reports that storm chaser and reality-TV wife swapper Richard Heene has hired Denver attorney David Lane (Colorado Super Lawyers 2006-09). Lane gained national attention when he represented embattled former University of Colorado professor Ward Churchill.

Perhaps Now We Specialize in Proper Usage

bwhite@lawandpolitics.com (Bill White) — Mon, 05 Oct 2009 12:17:10 -0600

Attorney Nick Hentoff's recent blog posting starts out by applauding Super Lawyers for sticking up for lawyers' First Amendment rights (Thank you, Nick).

But then he raises the question of whether our website, superlawyers.com, is "Super Misleading" for allegedly misusing the the term "specializes" in reference to attorney practice areas. He doesn't say where exactly where the offending term resides on our site, but instead, cites a passing reference in a North Dakota Ethics Opinion from April 10, 2008 which alleged that our "website states that a search will help in finding a 'Super Lawyer' that specializes in a specific area of law," (State Bar Association of North Dakota Ethics Opinion No. 08-02, page 7).

This statement by the Ethics Committee I found baffling. First, we do not allow, or use the term "Super Lawyer" as alleged by the Committee (the usage is improper on two counts: it is used as a moniker or label, and it is used in the singular. Super Lawyers is a registered mark that is always used by us in the plural form).

Second, we also do not allow our staff to use the term "specializes" unless, of course, the lawyer has in fact been certified as a specialist by an authorized state or federal authority.

I searched and searched and could find no such usage of the term "specializes" on our site. On the contrary, the only reference I could find is in disclaimer language we include at the bottom of every page which says our listings do not certify or designate an attorney as a specialist.

So what was the Committee looking at? Despite our best efforts to police the use of the dreaded "specializes" word, maybe it slipped through the cracks somewhere.

So I put our webmaster on the task to find the offending term. Turns out it was mistakenly included in language written into a meta-tag (for the uniformed like me, meta-tags are the descriptions written by website designers to describe the content of the various pages on a website). The only place one would ever see the term is not on our website, but in the short descriptions accompanying certain search results on Google, Yahoo and others search engines.

We have purged the term "specializes" from the meta-tag and have replaced it with the word, "practices." Let the world sleep easier tonight.

New Jersey Law Journal report potentially misleading

bwhite@lawandpolitics.com (Bill White) — Thu, 01 Oct 2009 09:07:03 -0600

An item in today's New Jersey Law Journal daily news alert is potentially misleading and needs clarification. The Journal reports:

COURT LIKELY TO EASE, NOT LIFT, ITS BAN ON COMPARATIVE LAWYER ADVERTISING

New Jersey's Supreme Court seems poised to alter its current outright prohibition on advertising in which lawyers compare their abilities to others, probably by requiring that such ads include caveats to potential clients. The Court wants to create a "sensibly balanced rule," Chief Justice Stuart Rabner said Wednesday at a hearing on whether lawyer should be able, within limits, to tout their ratings in publications like Super Lawyers Best Lawyers. But it was clear from the tenor of the arguments and the justices' occasional remarks that comparative advertisements will likely have to be accompanied by some form of disclaimer that "super lawyer" or "best lawyer" designations do not have the Court's blessing.

Reading this, one might infer that lawyers are currently banned from advertising in, or mentioning selection to Super Lawyers (or Best Lawyers) in their advertising because of the comparative advertising rule. That is not the case. Over the past four years, hundreds of New Jersey lawyers have advertised in New Jersey Super Lawyers magazine, or have mentioned the Super Lawyers honor in their advertising or promotional materials. Not a single one of them has been disciplined, or threatened with discipline for doing so. The same can be said of the thousands of lawyers nationwide who advertise or mention their selection to Super Lawyers.

Super Lawyers has been around since 1991. In those 18 years, no court or discipline authority has ever prohibited lawyers from advertising in or about Super Lawyers.

So, New Jersey lawyers and reporters, please note: There is no ban on Super Lawyers or Best Lawyers advertising. Never has been and, as long as the First Amendment is around, there never will be.

The only thing the New Jersey Supreme Court has banned is the clumsy and misguided disaster known as Opinion 39 which itself sought to impose such a ban at the expense of free speech. Click here to read the court's opinion and here to read the report of Judge Fall upon which the court based its ruling.

Frank Branson was a lousy waiter, but what a lawyer

bwhite@lawandpolitics.com (Bill White) — Fri, 25 Sep 2009 11:55:27 -0600

In the current issue of Texas Super Lawyers, Frank Branson, a perennial top 10 lawyer on our lists, reveals that being fired from Steak & Ale was the biggest boost to his legal career. Read the complete story of this plaintiff powerhouse.

Racehorse Still Running

bwhite@lawandpolitics.com (Bill White) — Thu, 24 Sep 2009 08:18:10 -0600

Racehorse Haynes has no plans to slow down. A member of the Texas Bar since 1956, the 82 year-old legend dispenses some sage advice in the just released 2009 Texas Super Lawyers magazine: The one book every lawyer should read and then re-read every year; how he got his nickname; how he stumbled upon his first courtroom win -- it's all here.

The Most Inspirational Lawyer Ever?

bwhite@lawandpolitics.com (Bill White) — Thu, 03 Sep 2009 15:54:09 -0600

When in her confirmation hearings for the Supreme Court Sonia Sotamayor discussed the influence of Perry Mason on her career, it got us thinking, what do the lawyers named to Super Lawyers think of the TV lawyer icon? Turns out they think a lot. Here are just a handful of the many comments about the TV lawyer that have made it into the pages of Super Lawyers.

Deryck Palmer of Cadwalader, Wickersham & Taft:
“If I had to trace the origins [of my fascination] with law, it goes back to when I was a young child. You may laugh, but I watched Perry Mason and I was very impressed. Raymond Burr did an excellent job of capturing the impact lawyers can have.”

(From “The Eagle Scout,” published in New York Super Lawyers 2008 — September 2008)

Thomas Salerno of Squire Sanders:
“[I wanted to become a lawyer] from watching trial shows on TV such as Perry Mason. I come from a working-class background, and the idea of wearing a suit to work intrigued me. I was also intrigued by the power that lawyers seem to have in their spheres.”

(From “Q&A with Tom Salerno,” published in Southwest Super Lawyers 2009 — May 2009)

Michele Coleman Mayes, General Counsel of Allstate:
“I think I can attribute [my interest in law] to Perry Mason. It was on TV at the time and he always won.”

(From “In Good Hands,” published in Super Lawyers -- Corporate Counsel Edition - May 2009 — May 2009)

W. Henry Jernigan of Dinsmore & Shohl:
“The one I saw the most growing up was Perry Mason. Looking back, I always find, with great amusement, that Perry never had to look at a law book and always had someone stand up and plead guilty in the back of the courtroom. I’m still waiting for that to happen.”

(From “Q&A with W. Henry Jernigan,” published in Virginia Super Lawyers 2009 — July 2009)

Robert Dawson of DawsonBrown:
“I really think it was mainly TV [that influenced him to become a lawyer.]. In those days it was the show Perry Mason. Didn’t you love how you always knew who was guilty: It was the person who got on the stand the last five minutes of the show. But think of that show: Every week, Hamilton Burger was trying an innocent person for murder, and nobody seemed to care.”
(From “Q&A with Robert K. Dawson,” published in Washington Super Lawyers 2009 — June 2009)

And finally,

Lonnie Williams:
“To this day I am an absolute fan of Perry Mason. And I still believe today that the legal profession would be much better off if we resorted back to trying cases the way Perry Mason did. Forget about the discovery; forget about spending all this time in pretrial. Let's just go out and learn the facts, put the witnesses on the stand and try cases. I love examining witnesses who have not been deposed. Most lawyers would think that's crazy but I think that is a much purer form of the art.”
(From “Q&A with Lonnie Williams, Quarles & Brady, Phoenix,” published in Southwest Super Lawyers 2008 — June 2008)

Good News for Minnesota Criminal Defense Lawyers!

bwhite@lawandpolitics.com (Bill White) — Wed, 02 Sep 2009 12:27:33 -0600

These headlines appeared on a single page (B5) today in our hometown newspaper, the Minneapolis St. Paul Star Tribune:

Trial Opens in New Year's killing

Dad charged with killing his son

Sexual assault after concert

Police seek clues in fatal shooting of 23-year-old

Sex assault suspect charged

Gang stabbing brings guilty plea

The advertising on the page: Three ads for funeral and cremation services.

The Great Decider -- Kenneth Feinberg

bwhite@lawandpolitics.com (Bill White) — Wed, 02 Sep 2009 10:01:04 -0600

Before becoming President Obama's Pay Czar and determining what CEOs should be paid, Kenneth Feinberg had to decide even more important matters. Our cover story from Washington DC Super Lawyers 2008, "What is a Life Worth?", focused on his role as head of the 9/11 Victim Compensation Fund.

Above the Law turns 3

bwhite@lawandpolitics.com (Bill White) — Mon, 31 Aug 2009 09:37:35 -0600

The gossipy, irreverent, and occasionally, newsbreaking blog Above the Law celebrates its third anniversary today. In looking over the debut post, Letter from the Editor, from three years ago, we have to say the blog has certainly remained true to its mission of having fun with the law. Happy anniversary to one of our favorite sites!

Washington state's top law schools

bwhite@lawandpolitics.com (Bill White) — Mon, 10 Aug 2009 16:29:55 -0600

The University of Washington has the most graduates on this year's Washington Super Lawyers list (248 graduates, or 23 percent of the list). Check out our list of the ten law schools that produced the most graduates on the 2009 list.

Apps for Lawyers

bwhite@lawandpolitics.com (Bill White) — Fri, 07 Aug 2009 14:58:57 -0600

The iphone now offers five apps for lawyers. Check them out here.

Super Lawyers in the News: Minnesota legend Harry Sieben

bwhite@lawandpolitics.com (Bill White) — Tue, 04 Aug 2009 16:47:54 -0600

Great article in the Minneapolis Star Tribune on Harry Sieben (Minnesota Super Lawyers 1991 to present), now stepping down as managing partner of Sieben, Grose, Von Holtum & Carey -- the "Know your rights" law firm.

Sieben, the former speaker of the Minnesota House of Representatives, built the firm into a personal injury powerhouse in part by being a pioneer in legal advertising.

"We weren't the first firm to do any advertising in Minnesota but we were the first firm to do any significant advertising," Sieben said. "The people we represent have claims -- against insurance companies, mostly -- and the insurance companies don't need advertising to tell them who the good lawyers are. Consumers typically only need a lawyer like us once in their lifetime. So marketing is one way to inform potential customers of our services."

Temple Grads Top Pennsylvania Super Lawyers List

bwhite@lawandpolitics.com (Bill White) — Fri, 24 Jul 2009 16:04:59 -0600

Temple University Beasley School of Law has the most graduates on the 2009 Pennsylvania Super Lawyers list (332 graduates, 15 percent of the list), followed by Villanova (294, 13 percent) and the University of Pennsylvania (250, 11 percent).

In addition to the graduates on the Pennsylvania list, Penn has 1273 graduates on 2009 Super Lawyers lists in other states. It's not surprising that many of Penn's graduates practice across the country since it is such a highly ranked national school (ranked number 8 in the nation by U.S. News & World Report).

Temple is ranked 65th in the nation and Villinova is ranked 61st by U.S. News. To see the top ten schools by graduates on the 2009 Pennsylvania Super Lawyers list, click here.

Super Lawyers in the News: Norm Pattis on Today Show

bwhite@lawandpolitics.com (Bill White) — Mon, 20 Jul 2009 16:29:28 -0600

Norm Pattis (Connecticut Super Lawyers 2006-09) represents Nancy Tyler, the lawyer who was held hostage by her ex-husband in a12 hour stand-off with police. Pattis and Tyler appeared on the Today Show this morning.

Pattis, a criminal defense lawyer whose passion for books drove him to purchase Whitlock Farm Booksellers in Bethany, Connecticut (the bookstore is housed in a converted turkey barn) was featured in 2007 Connecticut Super Lawyers magazine.

University of Florida Law School is Head of the Class in Sunshine State

bwhite@lawandpolitics.com (Bill White) — Wed, 15 Jul 2009 17:00:17 -0600

The University of Florida Levin College of Law had the most graduates on the 2009 Florida Super Lawyers listwith 762 of its graduates or 26 percent of the Super Lawyers roster for Florida. The University of Miami ranked second with 447 Super Lawyers graduates or 15 percent of the state’s total. The University of Florida is also the top Florida school in the U.S. News & World Report rankings coming in at number 51 in the nation. The University of Miami was ranked number 71 in the nation by US News.

The big surprise in theSuper Lawyers graduate count is Stetson University which ranked third with 244 Super Lawyers graduates or 8 percent of the list, beating out Florida State which came in fourth with 211 Super Lawyers graduates or 7 percent of the Florida roster. According to U.S. News, Florida State is ranked number 52 in the nation while Stetson is a third tier school and is not given a ranking (U.S. News ranks the Top 100 in the nation, and places the rest of the schools in tiers 3 and 4). I won't quibble with the U.S. News rankings except to suggest that in terms of producing quality lawyers, Florida now has four top tier schools.

Click here to see a complete list of schools with the most graduates on the 2009 Florida Super list

Super Lawyers in the News: A battle of wills over Michael Jackson's estate

bwhite@lawandpolitics.com (Bill White) — Wed, 08 Jul 2009 15:31:11 -0600

We know there’s a shortage of Michael Jackson in your news, so we thought we’d dust off a couple of Jacko-related items for you. These are exclusive feature profiles we ran of two of the key players in the the unfolding Jackson estate drama. John Branca, co-executor of Michael Jackson’s will, was profiled in the 2006 Southern California Super Lawyers. Jackson’s parents, Joseph and Katherine Jackson, are represented by L. Londell McMillan, profiled in the 2007 New York Super Lawyers magazine.

Super Lawyers to name top law schools

bwhite@lawandpolitics.com (Bill White) — Fri, 19 Jun 2009 10:34:11 -0600

One of the best indicators of the quality of a law school is the quality of lawyers it produces. Beginning next week, we’ll list on superlawyers.com the law schools that produce the most lawyers on each of our state lists, beginning with Florida. This state-by-state approach sets us apart from the U.S. News & World Report rankings which are compiled using a national survey. They “rank” the top 100 schools in the nation. But the rest of the schools are simply placed into two tiers and are not ranked within those tiers.

This is great for comparing a Harvard to a Yale, but what about all those state and regional law schools -- how do they stack up against each other? For many -- if not most -- law school applicants, the choice is not which law school in America to attend, but which law school in a particular state to attend. For these applicants, our state rankings will be particularly useful. Our rankings will also shed more light on all those excellent state and regional schools that don’t receive much attention in the U.S. News & World Report rankings.

So stay tuned as we roll out our lists of top law schools by state.

Alaska Bar Approves Super Lawyers Advertising

bwhite@lawandpolitics.com (Bill White) — Mon, 15 Jun 2009 11:51:24 -0600

Alaska is the latest state to approve the use of one’s Super Lawyers selection in advertising.

State bar association Ethics Opinion 2009-2, states in part:

Lawyers and law firms may refer to a listing in Super Lawyers, Best Lawyers, or another commercial professional ranking so long as the reference includes the publication name, date, and the practice area, if one was specified, in which the lawyer was ranked or selected.

Guess What -- You're the Brand

bwhite@lawandpolitics.com (Bill White) — Fri, 29 May 2009 14:58:50 -0600

I’ve seen firms spend tens of thousands, perhaps more, on navel gazing exercises to determine exactly who they are and how they want to be perceived in the marketplace. One firm I know spent months on a logo redesign and then called a press conference to roll out the new look. Woopee!

I never understood this.

Except in rare instances, it seems to me that clients hire lawyers, not law firms. So shouldn’t marketing reflect that reality?

We’ve all seen the fancy websites and brochures that describe the firm in eloquent legal marketing blather – a full service law firm, committed to excellence, we understand the needs of our clients, for more than 70 years providing zealous representation, dedication, integrity, concern, blah, blah, blather. It’s all a waste of space and money as far as I’m concerned.

I’ve always believed that the only brand that really counts in legal marketing is the brand of the individual lawyer. The law firm is nothing more than a collection of individuals that is constantly changing.

The smart marketing dollar is invested in the individual lawyer, not the ephemeral firm.