Karl Mulvaney Discusses Proposed Rule Changes for Attorney Advertising
BGD partner Karl Mulvaney recently discussed a potential change to advertising regulations for Indiana attorneys with the Indiana Lawyer. The article entitled “Advertising rule would put lawyers on notice of violations” mentions the three changes under consideration by the House of Delegates and discusses in-depth the proposed change which would allow the Supreme Court Disciplinary Commission the option to send a warning to an attorney whose ads may violate Rules of Professional Conduct.
Mulvaney is the current chair of the Lawyer Advertising Rules Review Committee. Commenting on the changes, he explained that, under the proposed change, the commission would be able to issue a verified complaint for discipline if the violation was deemed intentional or was injurious. “The sense of the committee was a lawyer ought to have a chance to correct a problem if the Disciplinary Commission thinks it’s a problem,” he said.
According to the Indiana Lawyer, attorneys cited the In the Matter of Anonymous disciplinary action from April 2014 as a motivation for the proposed change. =The case involved an attorney who was issued a private reprimand for testimonials listed on the Law Tigers website, the content of which he had no control over. Mulvaney represented the attorney in that disciplinary case.
The House of Delegates will consider two other proposed changes dealing with advertising:
· Removing the requirement that attorneys include an office address in advertising. The proposed change to Rule 7.2 would continue to require the name of at least one lawyer or law firm on any communication considered advertising.
· Removing a substantial portion of Comment 2 under Rule 7.1 regarding communications concerning a lawyer’s services. The comment would simply say, “Truthful statements that are misleading are also prohibited by this rule,” and strike several subsequent paragraphs.
Mulvaney said Rule 7.1 became overloaded with examples of what constituted violations that made the comments to the rule unwieldy. The proposed change makes the rule more closely conform to the American Bar Association model rule.
To learn more about Karl Mulvaney and his practice, please visit his profile.
Read “Advertising rule would put lawyers on notice of violations” on the Indiana Lawyer website.