Years ago, our Supreme Court determined that it is in the interest of the public to have attorneys in various legal disciplines certified. According to the Court, the certification program is an effort both to protect consumers from false advertising and to raise the level of competence of attorneys in our state. Only after undergoing a vigorous vetting process that includes a clean ethics record, judicial and peer review, requisite years and experience in the field of practice, the acquisition of continuing legal education credits over and above those required to practice law, and after passage of a written exam, are attorneys certified in New Jersey. Over time, certification has evolved into a kind of gold standard and a resource the public can rely upon in a world where social media and the internet can transmit all types of misinformation and spurious claims regarding attorney qualifications.

But now, an internet advertising practice threatens to undermine the certification program and, in the process, confuse the public. Attorneys who are not certified can purchase from Google the names of certified attorneys as search engine terms. This results in members of the public attempting to search for Attorney X, who they have learned is certified and of stellar reputation, and instead finding Attorney Y in their search results. It matters not that Attorney Y is not certified, because Attorney Y paid money to purchase the name of Attorney X as an internet search term. Thus, Attorney Y will appear in search results of a potential client looking for Attorney X.