Attorneys in trouble for ads

September 5, 2008
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Two Indianapolis attorneys received public reprimands for the use of “Legal Advertisement” and other phrases on brochures they give to prospective clients. After reading the opinion handed down by the Indiana Supreme Court yesterday, I’m confused about how the process of submitting your ads to the Supreme Court Disciplinary Commission works.

Attorneys have to file their advertising materials with the commission before they can send them out. But no one at the commission reviews the submitted ads for violations of the Rules of Professional Conduct, probably because there are too many ads to keep up with.

My confusion comes from reading the opinion and finding out the two attorneys submitted one of their brochures to the commission for approval back in 1996. The commission sent a letter back saying they don’t advise attorneys on the propriety of their ads. Yet, the commission sometimes sends letters to lawyers letting them know the language of their submitted ads needs to be changed to comply with the professional rules.

These two attorneys didn’t get such a letter and then found themselves in front of the Disciplinary Commission years later.

I’m not excusing their misconduct – they had been practicing for 10 years by the time the brochures were created – but if the commission sometimes will warn attorneys about their ads, why didn’t the commission respond to the attorneys’ letter and let them know they should have used “Advertising Material” on the brochures instead?

Granted, I’m not an attorney, so I don’t know all the ins-and-outs of having a law practice and advertising, but I would like to think if an attorney wrote to the Disciplinary Commission and asked for approval of an advertisement, or even asked if certain language was permitted, that the commission could respond with an answer to the inquiry instead of sitting on it for eight years and then filing misconduct charges against the attorney for the advertisement. Because they sometimes inform attorneys with letters to revise the language of an ad, why not do that in the case of these attorneys?
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  • I think the rules need to provide for a safe harbor in attorney advertising materials, especially since we have to put them on file. The rules require a $50.00 filing fee so there is already a funding source to review the material. These attorneys complied with the filing requirements and even requested an opinion on their materials; what more could they do in their efforts to comply with the rule?
  • The inference is that the Commission will review something for someone they like, but can bring charges against someone they don\'t like. Sounds like favoritism to me. Whatever the policy, it should apply to all.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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