Rule changes miss important update

October 15, 2010
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I’m happy that Indiana has finally entered the 21st century with its lawyer advertising rules and modernized the approach. The last time the rules had been touched, I was watching cartoons on Saturday mornings. That’s a long time ago.

While the rules touch on important subjects, including “ambulance chasers,” they don’t address a pressing issue with lawyers. There isn’t a review panel in place right now for lawyer advertising. Attorneys who want to advertise know what the guidelines are, but if they have questions, there’s no guarantee they’ll get an answer from the Disciplinary Commission.

A 2008 article in Indiana Lawyer about this topic points to inconsistencies in handling advertising that violates Rules of Professional Conduct. One way to fix this would be to create a review system for pre-approval of ads, but that’s never gotten steam. Research showed expenses ranged from $200,000 to $600,000 for this type of system. In a cash-strapped time, it’s not seen as a high priority.

That’s unfortunate because a lawyer’s credibility is on the line. Any lawyer that wants to advertise should educate himself or herself on the applicable rules and seek answers if they are unsure of something. It’s a shame that the commission that regulates the advertising can’t provide concrete answers on advertising on a consistent basis. While there may be some attorneys trying to skirt the line with their advertising, others appear to just make genuine mistakes. And if you’re caught breaking the rules, you’ll most likely be disciplined.

Even $200,000 right now is too much to spend, but if the Supreme Court or Indiana State Bar Association or other organization can come up with a way to fund a review system for pre-approval of lawyer advertising, I think it’s a good step to take.
 

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  1. How do you go about each day with out having resentment or ill will towards the evil that has done this to you? Is it your faith that keeps you going and knowing that someday they will have to answer to God? At church our pastor talked about forgiveness and how Jesus forgave our sins and we should too. Its very hard knowing that we do the right thing in this world, and those that are liars, thieves, are continued in power and continue on doing their jobs, while you are banished from something that you have every right to do with out being penalized.

  2. From my post below .... I cut and pasted in error: http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468

  3. Your prayers must account for some of the wind beneath my wings. That and this: His yoke is easy, His burden light. OK, now to bring this comment thread 100% back to the topic at hand. From my secret files, never before published, a letter that Commission head Myra Selby deemed interesting, but ..... This Hail Mary was ignored by the Commission, and then cited by the Indiana bar examiners to justify the need for a lifetime banishment from the Indiana Supreme Court. I tender it as a study in anti white male anti Christian antipathy in the Indiana court system. Focused upon the Race (ie not white) and Gender (ie not male) and not religious Commission for "fairness." Uncle Karl, eat your heart out: https://www.scribd.com/document/340472424/Race-gender-request-24128-1 ... https://drive.google.com/file/d/0BznfHUztK5eTUGlxbmRvMWJsaHhLcGFuaE5KNHZWVjk3eHRn/view?usp=sharing

  4. What a disgrace of Judicial Proceedings. Can complain and write comments forever but someone needs to show the mother how to fight back before he turns this little girl against her.

  5. The truth comes out Issac Law Firm for Men helped Montgomery to get custody.Should read the lies he told them.How much was paid to the judges?

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