ILNews

Lawyer advertising spurs State Bar survey plan

Back to TopCommentsE-mailPrintBookmark and Share

Hoosiers will soon be asked whether "ambulance chasing" attorneys should have to wait 30 days after an accident or injury before directly contacting potential clients by mail.

The Indiana State Bar Association plans to find out what residents think about a month-long cooling-off period where lawyers wouldn't be able to advertise their services by direct mail.

At its annual meeting, the bar association's Board of Governors gave approval Oct. 1 for a survey of Indiana residents about a proposed lawyer advertising rule that was submitted to the Indiana Supreme Court two years ago.

That measure includes changes to Section 7 of the Rules of Professional Conduct regarding advertising. Specifically, Rule 7.3(b)(3) wouldn't allow an attorney to advertise directly to a person or their family within a month of any accident or disaster for a personal injury or wrongful death action.

"There is potential for abuse inherent in direct solicitation by a lawyer of prospective clients known to need legal services," the proposed rule commentary says, noting how the public can be overwhelmed after an accident and not able to make a reasoned decision. "The situation is therefore fraught with the possibility of undue influence, intimidation, and overreaching. This potential for abuse ... justifies the 30-day restriction, particularly since lawyer advertising permitted under these rules offers an alternative means of communicating necessary information to those who may be in need of legal services."

The Rules Committee is still reviewing and considering the request, according to Indiana Supreme Court spokeswoman Kathryn Dolan.

But before a final decision is considered, the ISBA wants the court committee and justices who'd review the issue to have more empirical data from the audience receiving attorney advertising, according to ISBA immediate past-president Doug Church, who watched this issue grow during his term. The survey is intended to follow a 1995 ruling from the United States Supreme Court that determined specific guidelines for adopting these types of rules.

In Florida Bar v. Went for It Inc., 515 U.S. 618 (1995), the court upheld the state's restriction on lawyer advertising under the First Amendment's commercial speech doctrine - the first time justices had done so since the landmark Bates v. State Bar of Arizona, 433 U.S. 350 (1977), that lifted the traditional ban on lawyer advertising. Florida had adopted a rule in 1990 prohibiting attorneys from sending solicitation letters to injury victims or their relatives until after 30 days had elapsed. One attorney who'd regularly done so challenged the rule on grounds it violated his constitutional free-speech rights.

The court held that Florida's regulation was permissible and states could adopt those rules as long as the particular jurisdiction satisfied a three-prong test: that the government asserts a substantial interest in supporting the regulation; that it can demonstrate the restriction directly and materially advances the interest; and that the regulation is "narrowly drawn." Justices held the protection of potential client's privacy is a substantial interest; that a two-year study conducted on the effects of direct target mailings demonstrated the harms were real and this regulation would alleviate them to a degree; and that a 30-day cooling-off period was acceptably brief and didn't stop people from finding an attorney if they needed one.

Church said the ISBA committee studied several cases but focused on the one from Florida because it provides definitive guidelines.

Specifics haven't been outlined on how the study will be conducted, but it's expected to cost about $25,000 and a firm will likely be hired to survey residents in some fashion, he said. •

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT