Complaint reignites debate

December 19, 2008
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At the end of October, I wrote about Indianapolis defense attorney Bob Hammerle filing a complaint with the Disciplinary Commission regarding television ads run by Attorney General Republican candidate Greg Zoeller. Hammerle has since heard back and I thought you’d like to know what the outcome of his complaint was, seeing that Zoeller will be our new attorney general.

Hammerle recently sent us the response from the Disciplinary Commission, which did not find an appropriate basis for formal action. Donald Lundberg noted that it would be difficult to punish Zoeller’s campaign speech in the ads aimed at Democratic opponent Linda Pence because it deals with public affairs and political discourse, which is at the heart of the First Amendment.

Lundberg did say in the letter that Hammerle’s complaint about the ads touched on a debate that’s happened in the legal community for years – should attorneys be judged by the clients they keep?

In theory, the answer is no, but in practice, some people’s opinions of certain attorneys may be defined by the clients they represent. Lundberg sees this debate as more of a philosophical one than one as foundation for disciplinary actions. Because this has been such an ongoing topic in legal ethics, we think the idea deserves a closer look. Indiana Lawyer reporter Michael Hoskins is going to explore this issue in a future issue of the paper. I’ll let you know when it will be published.
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  • good article, issue of concern
    The state bars have gone way to far towards punishing lawyers for polically incorrect speech. In Re Campiti mocks the First Amendment. This rule needs to be shoved back hard. Luncbergs recent article in Res Gestae was instructive but this trend is BAAAD for lawyers and free speech.

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  1. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  2. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  3. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  4. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  5. I presented my defense against discipline to the Virginia State Bar this morning and the 26-member Board of Discipline 100% rejected what Indiana has done to me, including what Ahler did. Discipline DISMISSED.

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