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?
  • 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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...