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The Fifth Most Common Ethics Problem for Lawyers: An Excerpt from ‘The Top Ten Ethics Problems for Lawyers’
Posted in Litigation

In “The Top Ten: A Summary of Recent Professional Liability Cases,” I have compiled a list of the top ten ways in which lawyers get themselves disciplined. While lawyers base their practices on helping people sort through problems, sometimes lawyers have problems of their own. Below, read an excerpt from “The Top Ten."

Number Five: Solicitation of Business

This is another area of the law of ethics that is confusing and generally not well understood by lawyers. In a nutshell, truthful lawyer advertising is protected speech under the first amendment of the U.S. Constitution. The states are free to regulate lawyer advertising if the speech is “false, fraudulent, misleading, deceptive, self-laudatory or unfair.” This term is found in Rule 7.1(b) of Indiana’s Rules of Professional Conduct. It is further defined in subsections (c) and (d) of the Rule to include prohibitions on the use of statistics, opinions about the quality of the legal services and testimonials. Rules 7.2 through 7.4 further regulate lawyer solicitations with Rules regarding letterhead, in-person solicitation and advertising of “specialty” practices.

  • Of Counsel

    Kevin concentrates his practice on assisting lawyers and law firms with risk management and professional liability issues. He also serves as General Counsel to Bingham Greenebaum Doll LLP.

    Kevin represents attorneys and judges in ...

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