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Justices bar Arizona lawyer due to advertising rule violations

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Out-of-state attorneys have received a fresh warning from the Indiana Supreme Court, one that specifically reiterates that everyone should know this state’s attorney advertising rules when promoting oneself as being “specialized” in a particular area of law or practicing with a “national firm.”

An Arizona lawyer who does national advertising spots received that warning in the form of a disciplinary action today, one that indefinitely bars him from practicing inside Indiana in any capacity, including temporary admission and soliciting clients.

The per curiam ruling came in the Matter of Joshua S. Parilman, No. 98S00-1012-DI-681, which involves a radio advertisement from the spring of 2010.

Hoosier radio stations broadcast an advertisement inviting listeners who might have been involved in auto accidents to contact Joshua Parilman, who practices in Arizona but isn’t licensed in Indiana. The advertisement said in part that, “Get protected with a national law firm that specializes in automobile accidents to protect your rights and stand up for you and your family.”

At least two Indiana residents responded to the ad, according to the Supreme Court ruling.

The justices noted that the lawyer’s only office is located in Phoenix and he’s not part of a national firm. He is not certified as a specialist in any field by Indiana or Arizona — neither state certifies lawyers in the area of “automobile accidents” as the ad claims. That was a violation of five Professional Conduct rules: 5.5(b)(2) that prohibits falsely representing that an attorney is admitted to practice in Indiana; 7.2(b) on using a public communication containing false, misleading, or deceptive statements; 7.2(c)(4) on making a statement about specialization when not authorized; 7.2(c)(6) on making statements that contain a representation or implication that would likely be misunderstood; and 7.4 on making a statement about specialization when not authorized.

Citing Indiana Admission and Discipline Rule 30 on certification of attorney specialists, the justices noted that one of the purposes of that rule is to assure that lawyers making those claims are competent in a field of law and have met certain criteria showing that.

“An assertion by an attorney to be ‘specialized’ outside the narrow scope of this rule is contrary to the purpose of this rule and misleading,” the court wrote. “Similarly misleading is a statement to Indiana residents that an attorney is with a ‘national firm’ when the attorney’s only office is in a different state. All attorneys, including those from other states, are obligated to know and comply with this state’s ethical standards when advertising legal services to Indiana residents, whether by individualized contact, mass media, or anything in-between.”

Finding that Parilman has no disciplinary history and has cooperated with the Disciplinary Commission, the court approved the agreement the parties had reached about Parilman’s indefinite bar from Indiana practice. The sanction is similar to what other out-of-state attorneys have received in the past, and the court cited Matter of Coale, 775 N.E.2d 1079, 1085 (Ind. 2002).
 

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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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