ILNews

Updated rules to govern lawyer advertising

Back to TopE-mailPrintBookmark and Share

Culminating a process that began five years ago, the Indiana Supreme Court has approved the first attorney advertising rule change of its kind in about a generation.

While the 20-page order amending the Indiana Rules of Professional Conduct entails several revisions to the Rule 7 series, one of the most significant aspects of the new rules is a provision that prevents attorneys from “ambulance chasing,” or directly contacting potential clients immediately following an incident that might lead to a personal injury or wrongful death action.

The rules are aimed at bringing Indiana more in line with what most of the nation has already done in following model rules adopted a decade ago by the American Bar Association, and Chief Justice Randall T. Shepard says the revisions will liberalize some of the areas where the state has been more conservative on attorney advertising.

Chief Justice Shepard and three of his colleagues announced and signed the changes at the Indiana State Bar Association annual president’s dinner Thursday night. The rule changes take effect Jan. 1, 2011.

“Taken as a whole, this is a much more modern and flexible approach to the questions our profession faces, and those issues lawyers and their clients face,” the chief justice said, moments before signing the new rules alongside outgoing ISBA president Rod Morgan of Indianapolis and incoming president Jeff Lind of Terre Haute.

This was the final Indiana rule change this fall and the court held off on signing this batch of revisions until the ISBA meeting, because that’s where the process had started back in 2005, the chief justice said.

That year, then-ISBA president Clyde Compton from Merrillville announced the review would begin on the state’s advertising rules and in early 2006 a special committee began meeting to explore potential revisions. The Board of Delegates approved proposed rules in October 2006 and forwarded those to the Indiana Supreme Court’s Committee on Rules of Practice and Procedure, which has reviewed and tweaked the proposal during the past four years.

Indiana has been on the conservative side of attorney advertising rules nationally, and the state hadn’t adopted changes as many other jurisdictions had after the American Bar Association offered model rules in 2000, the chief justice said.

Generally, the new rules hit on a common theme that lawyer advertising is permissible as long as it’s not false or misleading, but the court left unresolved pressing issues such as whether Super Lawyer designations should be allowed and how the state might create a review system for pre-approval. Those issues weren’t included in the proposal sent from the ISBA to the Supreme Court back in 2006.

Modernizing Section 7 of the Indiana Rules of Professional Conduct, the court has revamped the rules to embrace e-mail and technological advances in recent decades. Specifically, the changes encompass Rules 7.1, 7.2, 7.3, 7.4, and 7.5. They provide commentary for each revision to help attorneys understand the rationale and what the rules mean, and the changes include more focus on law firm trade names and the creation of a 30-day cooling off period before attorneys can directly solicit to potential clients after an accident or disaster.

On the cooling off period provision in 7.3(b)(3), the order states, “This restriction is reasonably required by the sensitized state of the potential clients, who may be either injured or grieving over the loss of a family member, and the abuses that experience has shown exist in this type of solicitation.”

The chief justice also highlighted how the changes liberalize Rule 7.5, which deals with law firm names and letterheads that have been the subject of litigation in recent years.

In a report to the House of Delegates today, the Lawyer Advertising Rules Committee pointed out that aside from these revisions that the court has been considering, future issues that warrant review might include: material submitted to blogs and social media and how those are subject to attorney advertising rules, and the question of when information submitted by or on behalf of lawyers to the Internet, blogs, and social media might be considered “public communication” within the meaning of the advertising rules. Those issues tie into what the ISBA Legal Ethics Committee is exploring, as it’s formed a subcommittee during the past year to address ethical issues regarding the use of social media.

A copy of the newly-signed rules can be found online here.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  2. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

  3. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  4. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  5. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

ADVERTISEMENT