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Lawyers Can Bid on their Competition’s Names, says NJ Supreme Court in Landmark Ruling


In New Jersey, attorneys can purchase keywords using competitors’ names for online advertising, but they must include a clear disclaimer on the landing page of their website. The New Jersey Supreme Court’s ruling in “In re Opinion No. 735” clarified that this practice, known as competitive keyword advertising, does not inherently violate the Rules of Professional Conduct (RPCs), provided it doesn’t lead to misrepresentations.

For this author, it is hard to fathom that the NJ Supreme Court found this practice acceptable.  So, a lawyer can work decades to establish an impeccable reputation, and another lawyer can simply profit by promoting their name on Google pay per click advertising.  Alternatively, a law firm that devotes thousands of dollars to Internet marketing can lose business because another law firm can now promote its practice by bidding on its competitors’ names.  How could potential clients not be deceived or confused by such an odd practice?  This is a bad decision. There’s just no other way to say it.


Admitted to NJ Bar in 1990, NY Bar in 1991. Former Judicial Law Clerk to Honorable Peter Ciolino, Assignment Judge, Superior Court of New Jersey, Bergen County. Member & Barrister: Daniel J. Moore Bankruptcy Inn of Court Member & Barrister: Morris Pashman Inn of Court Member: Bergen County Bar Association NJ Superlawyer - 2008, 2009, 2010, 2011, 2012, 2013 Nominated for inclusion in Best Lawyers of America Member: Litigation Counsel of America, Trial Lawyer Honorary Society
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