Hayes v. New York Attorney Grievance Committee of the Eighth Judicial District
United States Court of Appeals for the Second Circuit
672 F. 3d 158 (2012)
- Written by Rose VanHofwegen, JD
Facts
A New York ethics rule required lawyers to include a 40-word disclaimer to advertise as a specialist certified by a private organization approved by the American Bar Association (ABA). The disclaimer required three components: “[1] The [organization] is not affiliated with any governmental authority. [2] Certification is not a requirement for the practice of law in the State of New York and [3] does not necessarily indicate greater competence than other attorneys experienced in this field of law.” The National Board of Trial Advocacy (NBTA) certified attorney Michael Hayes (plaintiff) as board-certified in civil-trial advocacy. The New York Attorney Grievance Commission (defendant) twice contacted Hayes about whether the disclaimer appeared prominently enough on his billboards and said it would initiate disciplinary proceedings if Hayes did not add the disclaimer to letterhead. Hayes brought an action challenging the rule as unconstitutional, but the district court granted summary judgment, finding the rule constitutional on its face and as applied. Hayes appealed.
Rule of Law
Issue
Holding and Reasoning (Newman, J.)
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