| I ran across this story while doing some | | | | The Indiana Supreme Court ruled that the ads |
| research on disreputable attorneys who use | | | | were deceptive and misleading, resulting in a |
| misleading advertising to solicit clients. | | | | formal admonishment and reprimand. The |
| Back in 2003, the Indiana Supreme Court | | | | lawyers were ordered to pull the ads. |
| reprimanded two personal injury lawyers and | | | | |
| their law firm for using misleading | | | | Can you believe the measures that some |
| television ads that violated state ethics | | | | attorneys will go to in an effort to get |
| rules. | | | | clients? You need to know that: |
| | | | |
| The TV ad depicts a conference room where | | | | Although the bar association has rules that |
| actors portraying insurance adjusters are | | | | govern lawyer advertising, it usually does |
| discussing a claim. An older man, the | | | | not actively investigate, restrict or |
| "senior adjuster," asks a younger man, the | | | | determine whether each lawyer who advertises |
| "junior adjuster," how the claim should be | | | | is a specialist or has experience with the |
| handled. The junior adjuster describes the | | | | type of case being advertised and whether his |
| claim as "...a large claim, serious auto | | | | claims are legitimate. |
| accident" and suggests they try to deny and | | | | |
| delay to see if the claimant will "crack." | | | | There are no restrictions on the different |
| | | | types of law that the lawyer wants to |
| The senior adjuster then asks which lawyer | | | | advertise. You should be extremely careful |
| represents the victim, whereupon the junior | | | | about choosing an attorney based solely on |
| adjuster responds says the name of the firm. | | | | that attorney's advertising claim, whether |
| A metallic sound effect follows and the | | | | the ad is in the phone book or on television. |
| senior adjuster, now looking concerned, | | | | |
| states: "Let's settle this one." At this | | | | Did you know that there are companies that |
| point in the advertisement, actor Robert | | | | offer prewritten and pre-shot TV commercials |
| Vaughn appears on screen and advises viewers, | | | | for personal injury attorneys? Any attorney |
| "[T]he insurance companies know the name (law | | | | with enough money can pay to be on the list, |
| firm name)." | | | | including attorneys who have never tried a |
| | | | case in court. Many times the attorney who |
| Mr. Vaughn then invites individuals who have | | | | has paid the fee is not necessarily the most |
| been injured in an auto accident to tell the | | | | experienced lawyer for your case. I'm not |
| insurance companies they "mean business" by | | | | saying that all attorneys who use TV |
| calling the law firm. Mr. Vaughn provides | | | | advertising are inexperienced. But you should |
| the lawyers' telephone number, which also | | | | not rely on TV advertising alone when |
| appears at the bottom of the screen. | | | | choosing a lawyer. |
| | | | |
| The lawyers ran two other similar TV ads. | | | | Just a word to the wise. |