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Attorney reprimand based on association with ‘Law Tigers’

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The Indiana Supreme Court privately reprimanded a Lake County attorney Friday for making misleading communications regarding legal services and not including his office address in a public communications. The charges stem from his affiliation with a national for-profit organization that franchises its registered trademarks, including “Law Tigers,” to law firms around the country.

The anonymous respondent entered into a three-year license agreement with the American Association of Motorcycle Injury Lawyers Inc. to be an exclusive licensee for Indiana. AAMIL was obligated to make sure that all calls to the Law Tigers toll-free number seeking legal assistance in the attorney’s area were automatically routed to the firm.

The respondent could also be contacted through AAMIL’s Law Tiger’s website, which identified respondent and his firm as the Law Tigers for his territory. This website contained examples of previous results obtained by other Law Tiger attorneys and testimonials. Visitors could be put directly in contact with respondent’s firm and could bypass his firm’s website.

The respondent also distributed AAMIL-produced information, which contained a toll-free number for the Law Tigers service and its website, but did not include the address of the respondent’s firm.

The Disciplinary Commission alleged the respondent violated five rules, but the hearing officer only found respondent violated two rules. The Indiana justices agreed with the hearing officer that respondent violated Indiana Professional Conduct Rules 7.1, making false or misleading communications regarding services, e.g., statistical data, information based on past performance, testimonials; and 7.2(c), failing to include an office address in a public communication.

The average viewer would not differentiate between respondent and the statements about Law Tigers on the AAMIL website and that the attorney is therefore responsible for the objectionable content on the website, the per curiam opinion states in In the Matter of: Anonymous, 45S00-1301-DI-33. It does not matter that respondent’s own website does not violate any of the rules charged.

Respondent also should have included his office address in the material he distributed.

The court found the following facts in mitigation: Respondent has no history of prior discipline in nearly 41 years of practice; he has cooperated fully with the commission; he exercised due diligence before entering into a contractual relationship with AAMIL in attempting to determine whether the relationship would violate any professional conduct rule; and his own website provided disclaimers regarding the content of the Law Tigers website.

He is ordered to pay a $250 fee and half of the costs of the proceeding.

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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