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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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